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38 Hofstra Lab. & Emp. L. J. 25 (2020-2021)
Remote Work as an Accommodation for Employees with Disabilities

handle is hein.journals/hlelj38 and id is 35 raw text is: REMOTE WORK AS AN ACCOMMODATION FOR EMPLOYEES WITH DISABILITIES Stacy A. Hickox & Chenwei Liao ABSTRACT Remote work allows employees to work despite geographic and family limitations, and has proved essential during the COVID-19 pandemic.1 For employees with disabilities, remote work can mean the difference between working and being unemployed, because they may need to work from home because of their limitations.2 A review of 125 court claims seeking remote work as an accommodation shows that employers have resisted providing remote work arrangements to employees with disabilities for four main reasons, often preventing remote work even where physical presence is not essential for performance of the job duties.3 This paper proposes a new approach to remote work as an accommodation based on Stone & Colella's model,4 while explicating four factors that may influence its success, including the attributes of employees with disabilities, co-workers and supervisors, as well as organizational characteristics.5 If the feasibility of remote work as an accommodation were analyzed in light of these four factors, utilizing the wealth of research on what makes remote work successful, employees with disabilities would have more equitable access to work that can be performed at home.6 1. Katherine Guyot & Isabel V. Sawhill, Telecommuting will likely continue long after the pandemic, BROOKINGS (Apr. 6, 2020), https://www.brookings.edu/blog/up-front/2020/04/06 /telecommuting-will-likely-continue-long-after-the-pandemic/. 2. Nicole Buonocore Porter, Accommodating Everyone, 47 SETON HALL L. REV. 85, 107 (2016). 3. See infra Parts I.B.2-I.B.5. 4. Dianna L. Stone & Adrienne Colella, A Model of Factors Affecting the Treatment of Disabled Individuals in Organizations, 21 ACAD. MGMT. REv. 352, 356-59 (1996). 5. See infra Part It. 6. See infra Parts II-III. 25

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