Eighth Circuit Case Offers Insight on When Remote Work May Constitute "Reasonable Accommodation"

A recent Eighth Circuit case illustrates that an employee may be able to prove that remote work is a reasonable accommodation by showing that the employee had been successfully working remotely. In this case, the employee was permitted to work remotely two days a week. He requested additional remote work days when his multiple sclerosis flared up. The employer denied the request, stating that the employee was required to be present in the office to supervise underperforming employees as part of the essential job function. The court, however, found that the employee may have been able to prove that remote work was a reasonable accommodation because the employee had been successfully supervising those employees on a remote basis. In the words of the court, "by allowing [the employee] to consistently work remotely aside from his medical condition, [the employer] implicitly demonstrated a belief that he could perform his essential job functions without being in the office all the time". For more information on what constitutes "reasonable accommodation" in the context of remote workers, visit Tax Facts Online. : Q . Note: Q is updated.