Legal Question in Disability Law in California
Telecommutting as a Reasonable Accomodation
2 yrs ago my company whom I'll refer to as III. My companies/department used telecummuting for its employees. Employees wld wk 3 days home 2 days in office. Department is now a different subsidiary of this company and now does not telecommute. If a disabled individual who is also backed up by a letter from her NeuroSurgeon requested as a reasonable accomodation, telecommuting on an intermittent basis. (8days Mo.) and also agreed to purchase the computer for telecommuting to offset the charges to the company. Does the company have to accomodate this request? What if her department went back to the original company who initially allowed telecommuting yet does not presently use it but used to? Would that company have to accomodate?
1 Answer from Attorneys
Telecommuting is a recognized accommodation
There is legal authority that under certain circumstances telecommuting would qualify as an accommodation. From your description it sounds like you might have a good argument.I am presently preparing to go to trial on a case in which my client requested telecommuting as an accommodation for a physical disability and was denied. I would be very interested in talking to you about your case. Please e-mail me back, call or fax.