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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I’m still waiting on mine. Multiple mental heath conditions that require sleep hygiene and medications not compatible with daily 4 hours spent commuting.[/quote] Commuting is not an ADA issue. You are not entitled to accommodations to avoid the commute regardless of the condition. [/quote] Are you an attorney? Some of these commutes are 2 hours long. Many middle aged and older women suffer from degrees of incontinence. They would have to stop at a bathroom, making their commute even longer. I would argue that the commute itself absolutely is an issue for these people and that remote work is a reasonable accommodation.[/quote] You can argue whatever you would like. But the folks in your hypothetical could also wear adult diapers, or simply stop as needed even if it added a bit to the commute. The PP you were responding to is wrong that telework can’t be an accommodation, but garden variety incontinence issues is not getting you work from home.[/quote] I never said TW can’t be an accommodation. What I said is that [b]employers are not required to accommodate if the issue is the commute.[/b] [/quote] That’s false, unless in-person physical presence is an essential function of the job. Where no one has been in-person for half a decade, the hill for proving that is steep, upwards, and likely to lead to losses in court.[/quote] You first would have to show a medically inability to commute. A company does not have to show in office is essential more broadly. Them simply wanting you in the office is sufficient.[/quote] That's true. But if you have a medical inability to commute, and in-person presence is not an essential function, they are in fact required to accommodate you with remote work. That is the opposite of your claim above. [/quote] That is not settled law. There is case law that says your commute does not have to be accommodated. [/quote] Only if it’s unreasonable for the employer not to accommodate it.[/quote]
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