Jottings By An Employer's Lawyer

Monday, February 24, 2003

Work At Home Unlikely to Be A Reasonable Accommodation

The Seventh Circuit has repeated its view that it would be a most unusual job that would make working at home a reasonable accomodation under the ADA. Rauen v. United States Tobacco Manufacturing (7th Cir. 2/10/03) [pdf]. In this case, the plaintiff was insisting on being allowed to work at home when she decided, even though she was able to do (and actually did) the essential functions of her job without accomodation at the workplace. The Court dodged answering whether an individual who could do the essential functions without accomodation was ever entitled to an accomodation, although it noted at a minimum, it must surely make it a harder burden.


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