Federal judges are somewhat less likely to side with employers that deny requests for telework as a disability accommodation after the Covid-19 pandemic sparked a remote work revolution.
Employers prevailed in nearly 60% of federal court rulings over the past two years on whether they could reject employees’ disability-related remote work requests, according to a Bloomberg Law review of cases.
That’s a drop from employers’ 70% win rate in a previous Bloomberg Law analysis of cases in a two-year pre-pandemic period spanning from February 2017 to February 2019.
Still, cases over such telework request denials continue to face headwinds.
Recent federal court decisions on remote work as a disability accommodation suggest that many judges continue to apply a de facto presumption against allowing remote working. Instead, they tend to accept employer assertions that in-person attendance is essential, despite the country’s collective experience with working from home starting in early 2020.
Read more at
