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Disability accommodations in postpandemic work-from-home world

May 2022 employment law letter
Authors: 
Shannon S. Pierce and Wade Beavers, Fennemore Law

In years past, employees who requested remote working arrangements were often met with strong resistance from managers, who viewed such requests as excuses to shirk responsibilities. Holding firm to a “face time” mentality, many members of management believed employees simply couldn’t be efficient and focused if they routinely worked from home. Then, of course, the COVID-19 pandemic changed almost everything we know about how work gets done.

Now, many employers are faced with the reality that working from home is here to stay. In fact, many companies have reduced their real estate footprint in response to their workforces proving they can remain efficient in a work-from-home environment. That said, many employees (particularly those with mental disabilities such as anxiety or Attention-Deficit Hyperactivity Disorder (ADHD)) continue to struggle with how to work most efficiently and effectively in a long-term remote working environment. As employers navigate this new world of long-term remote working, a few principles are worth keeping in mind.

5 key principles

First, regardless of where employees work, if they work for companies with least 15 employees, the Americans with Disabilities Act (ADA) and Nevada’s state law equivalent (NRS 613.330) continue to apply. The laws require covered employers to provide reasonable accommodations to disabled employees, unless doing so would impose an undue hardship or a risk of safety to others. A disability is any physical or mental impairment that substantially limits one or more major life activities.

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