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19 Regent U. L. Rev. 537 (2006-2007)
Telecommuting: A Reasonable Accommodation under the Americans with Disabilities Act as Technology Advances

handle is hein.journals/regulr19 and id is 541 raw text is: TELECOMMUTING: A REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT AS TECHNOLOGY ADVANCES I. INTRODUCTION There have been substantial technological advancements since Congress enacted the Americans with Disabilities Act (ADA) over fifteen years ago. Developments in technology over the last few decades, including computer enhancements and widespread Internet use, have changed the way society communicates and conducts business. Technological developments continue to infiltrate and better society as a whole, but one group in particular, individuals with disabilities, has been and will continue to be one of the most advantaged recipients of the information age.' Countless innovations, such as closed captioning, screen readers, and speech recognition technology, have directly improved the lives of disabled persons. Telecommuting is yet another way persons with disabilities can benefit from this great age of technology.2 The ability to work from home holds great promise of employment opportunities for persons who would not otherwise be able to access or perform in the traditional workplace environment due to a disability. Over the last decade, problems have arisen in determining how the provisions of the ADA should be construed in light of technological advancements. Courts have struggled with the role of telecommuting in accommodating disabled employees. When analyzing whether working at home should constitute a reasonable accommodation, the courts have taken different positions. Specifically, decisions have varied from a strong presumption against telecommuting to a fact-specific, case-by- case approach. This note addresses the role of telecommuting as a reasonable accommodation under the ADA. Part II explains the history and purpose of the ADA. Part III details the protections given under Title I as it relates to telecommuting. Part IV demonstrates the growing trend of people who work from home. Part V outlines the opposing views that courts have taken in determining the availability of telecommuting as a 1 U.S. Dep't of Justice, Section 508 of the Rehabilitation Act: Accessibility for People with Disabilities in the Information Age (Results of 2001 Survey) § I.A.1., http'I/www.usdoj.gov/crt/508/report2/summary.htm (last visited Feb. 22, 2007) (People with disabilities are among the greatest beneficiaries of this information technology revolution.). 2 Telecommuting is employment at home while communicating with the workplace generally by phone or the Internet. Dawn R. Swink, Telecommuter Law: A New Frontier in Legal Liability, 38 AM. Bus. L.J. 857, 858 (2001).

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