For more than 20 years preceding the pandemic, federal courts were typically disinclined to require employers to allow remote work as an ADA reasonable accommodation. For instance, a variety of federal courts had long declared that generally an employee “who does not come to work cannot perform any of his job functions, essential or otherwise."
In the case of white-collar office jobs, is that view sustainable given employers’ successful and broad use of remote work during the pandemic?
Bracewell labor and employment lawyers Bob Nichols and Meredith Grant consider the question and offer strategies for employers to be in a position to successfully argue that, under ADA analysis, in-person attendance is indispensable to performing the job's essential functions.
Learn more about Bob Nichols: bracewell.com/people/robert-s...
Learn more about Meredith Grant: bracewell.com/people/meredith...
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