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The Growth of Remote Work Has Changed Accommodations
Over the past few years, the availability of remote work has increased exponentially. More people are beginning their own freelancing careers from home, and employers are increasingly allowing workers to perform their jobs at home. However, this trend raises questions regarding individuals with disabilities — along with how Irvine employers can navigate the legalities of remote work and disability accommodations.
There was a point when accommodating an employee — as required by the U.S. Department of Labor — meant making it easier for them to work in the office. However, more people working from home means employers have to adapt to making such work more accessible. By properly navigating the legalities of this issue, employers can stay on the right side of the law while ensuring employees can do their jobs.
Remote Work as a Disability Accommodation
Many employers are worried because they’re unsure of how to accommodate employees with disabilities working from home. However, offering remote work as an option may actually constitute an accommodation in itself. When employees or applicants suffer from a disability that makes it difficult to comm
However, employers should understand that this doesn’t mean their responsibilities are done. Remote work is certainly a great way to allow individuals with certain limitations to do their jobs. However, you’ll still need to navigate the legal complexities of remote work and disability accommodations in Irvine. To do this successfully, employers must make an effort to understand relevant laws.
Understanding the Legal Framework
Irvine employers navigating the legalities of remote work and disability accommodations must start by understanding the legal framework. It’s not enough for a company to simply do what they think is right — and their definition of “good enough” may not always comply with legal standards. In fact, a lack of legal understanding can result in claims of workplace discrimination.
That’s why every employer should review the Americans With Disabilities Act (ADA) and the Rehabilitation Act. These laws include provisions related to reasonable accommodations for workers who have disabilities. Keep in mind that these legal frameworks apply to every aspect of the employment process — from hiring and promotions all the way to termination.
Understanding relevant law is the first step in navigating the complex legal issues involving remote work and accommodations.
Understanding That Remote Work Is Not Always Suitable
One thing that job applicants, employers, and employers should all understand is that remote work is not a magic fix. Many companies certainly meet requirements for reasonable accommodations by simply offering the option — and others excel by providing additional accommodations to their employees who work from home. Still, certain positions simply aren’t suitable for remote work.
To gauge whether this is the case, it’s important to evaluate a job’s essential functions. Can these functions be performed remotely with or without accommodations? This will not always be the case. For instance, a home painter will never be able to perform their duties remotely — regardless of whether the employee is disabled. However, Irvine employers navigating the complexities of remote work and reasonable accommodations must be careful.
The home painter example certainly sounds obvious, but not all of these decisions will be as clear.
Ensure Accessibility in Remote Work Environments
Once remote work is offered as an option, it’s contingent on the employer to ensure that the home work environment is accessible. In some cases, they can do this by offering a location outside of the employee’s home — such as a coworking space.
However, reasonable accommodations typically boil down to providing assistive technology, modifying workstations, and making other accommodations that will allow employees to perform their job duties from a remote location effectively.
To stay compliant with the legalities of remote work and disability accommodations in Irvine, this will typically require a case-by-case review. Employers should engage in an interactive process with their employees and establish a dialogue to understand their specific needs.
Documenting the Accommodation Process
Providing reasonable accommodations is clearly an important task for employers, but documenting the process is nearly just as important. They should keep detailed records of the accommodation request, discussions they engaged in with employees, and any accommodations they considered or provided.
All relevant communications regarding the matter should also be preserved and documented. This is a necessary step so that employers can show that they’ve made active efforts and learn from any mistakes they made along the way. A failure to document the process can also prove beneficial for employees who feel they’ve been discriminated against.
For instance, employees may be able to more easily establish that a lack of process occurred — and it may be simple for them to demonstrate inconsistencies, gaps, and arbitrary processes. Most importantly, a lack of documentation can highlight procedural failures — and this can make it easier for disabled employees to prove their case.
When Employers Fail to Offer Disability Accommodations
When employers don’t offer reasonable accommodations, they expose themselves to potential legal complications. Outcomes can range from discrimination claims to facing a wrongful termination case in court. These can prove disastrous for a company or budding entrepreneurs, so it’s critical for them to stay within the confines of the law.
If you’re a person who feels you’ve experienced discrimination, a legal professional can help you understand if your Irvine employer properly navigated the legalities of remote work and disability accommodations. These cases can be extremely complex, so it’s typically advisable to sit down with an employment attorney to better understand your options.
At Odell Law, our legal team is committed to securing favorable outcomes for employees who were treated wrongfully. Contact us at 949-833-7105 to schedule your free consultation.
