![]() Indeed, some recent federal court opinions have indicated that views may be shifting. Michelle Travis argues that courts need to eliminate their presumption of “workplaces built upon a ‘full-time face-time norm,’” which is an old model no longer reflective of telecommuting realities. Some scholars note that in a post-COVID era, how courts approach interpretation of the ADA should change. This raises an important legal question: is the law that allows for disability accommodation too narrowly construed or applied? The Americans with Disabilities Act (ADA) requires most employers provide reasonable accommodation with regards to these three factors: “1) ensuring equal opportunity in the application process 2) enabling a qualified individual with a disability to perform the essential functions of a job and 3) making it possible for an employee with a disability to enjoy equal benefits and privileges of employment.” But the greater flexibility ushered in by the pandemic offered many workers greater levels of accommodation than previously seen.įor many people with disabilities, the immediate change to remote work was bittersweet, as many employees have “long asked, fought for, and have been denied these reasonable accommodations,” only to see these long desired work arrangements “ so effortlessly implemented.” While the greater flexibility is largely appreciated, e.g., 9 out of 10 workers with a disability would like to continue working from home even after the pandemic is over, it is noteworthy that because of a circumstance that “impacts nondisabled people” - i.e., the COVID-19 pandemic - accommodations like working from home became “suddenly available.” The workplace accommodations gained during COVID-19 are nothing new to the community of workers with disabilities some workers had already been approved to work at home prior to the pandemic. In an effort to rid our society of harmful inequities, the struggle for these rights has important value. ![]() However, as more of the workforce begins returning to the office, there are notable examples of employers pushing back on the increased accommodations realized during the pandemic, indicating that some gains in accommodation will continue to be hard fought. For example, office changes brought about by the pandemic - e.g., remote working or telecommuting - made life easier for many workers with disabilities. ![]() The silver lining of the COVID-19 pandemic is that it has opened the door to new opportunities to improve our society.
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