Telecommuting May Not Be A Reasonable Accommodation
The Fifth Circuit recently upheld the dismissal of a lawsuit against an employer who denied an employee’s request to telecommute on the grounds that regular attendance at work is an essential function of her job as a litigation attorney. Credeur v State of Louisiana, 16-CV-30658 (5th Cir. 2017). The employer did provide unpaid leave as an alternate and reasonable accommodation.
Given the proliferation of digital workspaces and telecommuting, well written job descriptions identifying whether attendance is an essential function are increasingly important.