As technology in the workplace continues to evolve, an increasing number of employees have the ability to perform their jobs from home. Through remote and web-based access, many employees can log-in to their work computers from their PCs and other portable devices, as if they are sitting at their work desk. This is a considerable convenience to the employee and, arguably, a benefit to the employer because the employee can perform work duties despite personal issues that may otherwise preclude it.
Inevitably, the benefits of telecommuting come into question when a disabled employee asks to work at home as a disability accommodation. It is clear under both state and federal law that an employer must make a reasonable accommodation to the limitations of an otherwise qualified, disabled employee, unless the accommodation would impose an undue hardship on the operation of its business. It has been determined that a reasonable accommodation may include job restructuring, and part-time or modified work schedules. Still, the question of how far an employer must go to protect itself from liability for failure to provide a reasonable disability accommodation remains. Can the employer be held liable if it denies telecommuting as a reasonable disability accommodation under the New Jersey Law against Discrimination (NJLAD) and the Americans with Disabilities Act (ADA)?
