EMPLOYERS NOT REQUIRED TO CONTINUE TELEWORK FOR EMPLOYEES
The Equal Employment Opportunity Commission (EEOC) has provided guidance stating that Employers who accommodated employees by giving them permission to work remotely during the COVID crisis are NOT required to continue remote telework for employees.
Employers have the right, once the danger passes and the “coast is clear” to require employees to return to the office for regular pre-Covid work on site.
This also applies to employees with disabilities. The Americans with Disabilities Act mandates that employers provide workers “reasonable accommodations” to allow them to do their job, and while telework sometimes fits the bill, the EEOC has made clear that a temporary shift to telework amid the health crisis doesn’t force a company to accept all remote work requests down the road.
“The employer has no obligation under the ADA to refrain from restoring all of an employee’s essential duties at such time as it chooses to restore the prior work arrangement, and then evaluating any requests for continued or new accommodations under the usual ADA rules,” the EEOC guidance said.
Even before COVID many disabled persons claimed that telework or remote work should be considered a “reasonable accommodation,” but that was not the law and it still isn’t.
So its back to work we go, high ho high ho!!
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