Can telework be used to control a flu outbreak in the office?
Issue:

A supervisor tells you she is very concerned about the H1N1 flu outbreak. She wants to keep her department on schedule and has several ideas on how to keep things going should one or more of her employees get sick. One of her ideas to prevent or control an outbreak in the office is to require employees to telework. Can she do so without violating the ADA?
Answer:    

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.
[ Return to top of document ]