Is Working From Home A Reasonable Accommodation? 'Rarely.'

Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online video conferencing, portable web-enabled devices, and other advances have made it possible for workers to complete many of their job duties from just about anywhere. Do these technological capabilities mean that working from home is a reasonable accommodation under the Americans with Disabilities Act (“ADA”)? How should an employer respond if an employee requests to telecommute as an accommodation for her disability?

General Background

The stakes are high when an employer must consider whether an employee's requested accommodation is reasonable under the ADA. When it cannot provide the requested accommodation, all too often the employer must endure the distraction and expense of defending its decision in a charge of discrimination, frequently followed by a lawsuit.

During the 2012 fiscal year, the U.S. Equal Employment Opportunity Commission (“EEOC”) received over 13,000 charges alleging failure to accommodate in violation of the ADA.1 This represented half of all charges filed federally under the ADA,2 and more than a 50% increase from the number of reasonable accommodation charges filed with the agency in 2010.3

ADA employment lawsuits are similarly prevalent. A recent study found that plaintiffs were filing close to 200 ADA lawsuits a month in federal districts courts in 2012.4 This represented a 12% growth over 2011 litigation levels, and an incredible 90% increase over 2007.5 And these numbers exclude the large volume of ADA suits filed in state court.

An employer may incur significant legal expenses to defend its accommodation decisions in such administrative and legal challenges. In the end, the employer may additionally face liability for a violation, or choose to pay a settlement to make the whole issue go away. Employers are well-advised to handle accommodation requests carefully.

EEOC v. Ford Motor Company: The Case Against Telecommuting

Is working from home a reasonable accommodation? The EEOC appears to think so. Its website touts “the important role telework can have for expanding employment opportunities for persons with disabilities.”6 Indeed, the website expressly states that “allowing an individual with a disability to work at home may be a form of reasonable accommodation.”7

However, the federal district court in the Eastern District of Michigan rejected the EEOC's view in its recent decision in EEOC v. Ford Motor Company.8 It concluded that the employer Ford did not face ADA liability for denying an employee's request to work from home as an accommodation for her disability. More fundamentally, it held that telecommuting is “rarely” a reasonable accommodation. This holding, which the court based on decisions from several federal circuits, is clearly helpful to employers. In addition, the court's discussion highlights important principles that may guide human resources (“HR”) professionals and in-house counsel as they consider such requests from their own employees.

Factual Background

Jane Harris worked for Ford from April 2003 to September 2009 as a buyer on a team of five to seven other buyers. Harris was responsible for specific accounts. Her job responsibilities included preventing supply interruptions and facilitating resolution of pricing or quality disputes between Ford's suppliers and its parts makers. Her role was highly interactive, requiring face-to-face communication and frequent supplier visits.

Harris had chronic attendance problems on the job. After she returned from a medical leave in February 2005, her supervisor attempted to accommodate her absenteeism by reassigning her work to others, permitting a later start time on Mondays, allowing ad hoc work from home, and other means. Despite her supervisor's efforts, Harris's absenteeism persisted, and her supervisor declined...