According to the 1999 Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act (ADA), working from home – also commonly referred to as remote work or telework – is an acceptable form of reasonable accommodation for employees with disabilities. The employee must determine whether to grant the worker’s request to work from home as a reasonable accommodation through a...
Continue ReadingUnder both the ADA Amendments Act of 2008 (ADAAA) and the Rehabilitation Act of 1973, disabled employees may request a reasonable accommodation to ensure they perform their work duties and enjoy equal employment opportunities. While the ADAAA applies to all workplaces, the Rehabilitation Act of 1973 specifically protects federal government workers. However, an employer does not have to accommodate a disabled employee if the reasonable accommodation would impose an “undue...
Continue ReadingOn January 15, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Compliance Manual Section on Religious Discrimination, which aims to clarify how Title VII of the Civil Rights Act of 1964 protects federal employees and private-sector workers from religious discrimination on the job. The agency’s leadership panel voted 3-2 – along party lines – in favor of...
Continue ReadingA reasonable accommodation is any change or adjustment made to a job or work environment that permits a qualified employee with a disability to perform their job process adequately. A reasonable accommodation is meant to help disabled workers perform the essential functions of their job and experience the benefits that are enjoyed by employees without disabilities. Although employers are...
Continue ReadingWorking from Home as a Reasonable Accommodation More employees in both the public and private sectors are working from home than ever before. This is of course in large part due to the ongoing COVID-19 and closure of many offices categorized as nonessential, but the seismic shift in how we conduct work is transforming how we perceive the office...
Continue ReadingUsing the Rehabilitation Act and the ADA to Assert Your Rights There is nothing worse than knowing you will experience adverse symptoms when at your place of employment. Many offices and worksites can induce a phenomenon known as “sick building syndrome,” or SBS, in which one or more elements of a facility’s condition habitually triggers unpleasant and harmful bodily...
Continue ReadingFederal disabled workers have the right to request a reasonable accommodation from their employer. If you are a federal worker and need your employer to make accommodations for your disability to succeed in your role, you can file a reasonable accommodation. Our nationwide federal employment law attorneys explain how you can apply for a reasonable accommodation. Federal Workers &...
Continue ReadingThe Coronavirus outbreak has many employers taking on strict guidelines to help reduce the spread of the virus. Although federal employers can take necessary measures to ensure their employees are safe, employers should follow specific guidelines for ADA employees. Our federal employee disability lawyers explain what medical information employers can and can’t request during the COVID-19 pandemic. Medical Information...
Continue ReadingWe Represent Federal Employees Many federal employees struggling with medical crises or illnesses don’t know there are various types of leave available to them as a reasonable accommodation. As a result, they continue to work and experience a decline in performance, productivity, etc. due to their condition, which can ultimately lead to unemployment. It is usually at this point that...
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