Pub. 5 Issue 4

20 Issue 2 2020 address the need with another form of reasonable accommoda- tion at the workplace, the employer can choose that alternative to telework. To the extent that an employer is permitting telework to em- ployees because of COVID-19 and is choosing to excuse an em- ployee from performing one or more essential functions, then a request — after the workplace reopens — to continue telework as a reasonable accommodation does not have to be granted if it requires continuing to excuse the employee from performing an essential function. The ADA never requires an employer to eliminate an essential function as an accommodation for an individual with a disability. The fact that an employer temporarily excused performance of one or more essential functions when it closed the workplace and enabled employees to telework to protect their safety from COVID-19, or otherwise chose to permit telework, does not mean that the employer permanently changed a job’s essential functions, that telework is always a feasible accommodation, or that it does not pose an undue hardship. These are fact-specific determinations. The employer has no obligation under the ADA to refrain from restoring all of an employee’s essential duties at such time as it chooses to restore the prior work arrangement and then evaluating any requests for continued or new accom- modations under the usual ADA rules. To see all of the EEOC’s guidance on what employers should know about COVID-19, the technical assistance questions and answers may be found at: https://www.eeoc.gov/wysk/what- you-should-know-about-covid-19-and-ada-rehabilitation-act- and-other-eeo-laws. This blog is not meant to provide specific legal advice. For advice specific to your business, please contact any of the employment attorneys in our Employment Practices Group. This article is one of a series of articles Ferruzzo & Ferruzzo, LLP will be circulating to address questions from clients related to COVID-19. Ferruzzo&Ferruzzo, LLP has formed a task force to assist business owners with their needs related toCOVID-19.  ColleenM. McCarthy, Esq. is a partner and chairs the Firm’s Employment Practices Group. She has dedicated her practice to representing and protecting employers, with a particular emphasis on riskmitigation through preventative counseling and sound practical advice. For almost 20 years, ColleenMcCarthy has counseled employers about the complicated employment laws that impact their businesses to ensure that they are in compliance and to reduce the chance of costly litigation. Colleen McCarthy may be reached by phone at (949) 608-6900 or email at cmccarthy@ferruzzo.com. Interact with content on a deeper, more meaningful level. Reach your customers with print. To advertise in this magazine, contact us today. 801.676.9722 | 855.747.4003 thenewslinkgroup.org sales@thenewslinkgroup.com