Yes. According to the EEOC, an employer may encourage or require employees to telework (i.e., work from an alternative location such as home) as an infection-control strategy, based on timely information from public health authorities about pandemic conditions. Telework also may be a reasonable accommodation. However, the EEOC cautions employers not to single out employees either to telework or to continue reporting to the workplace on a basis prohibited by any of the equal employment laws. The EEOC issued a fact sheet, “Working from Home/Telework as a Reasonable Accommodation,” with more information about using telework as an accommodation.
Source: EEOC’s ADA-Compliant Employer Preparedness for the H1N1 Flu Virus, reported in the CCH Employment Practices Guide, New Developments ¶5292; EEOC Fact Sheet: Working from Home/Telework as a Reasonable Accommodation, ¶5075.