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Reply to "CDC employees losing RA telework"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]There appears to be a circuit split on the issue of whether employers need to accommodate commutes under the ADA. Weird that PP who keeps citing 15-year-old cases neglected to mention this. https://www.icemiller.com/thought-leadership/accommodating-a-commute-to-work-a-supreme-question https://www.laboremploymentreport.com/2024/04/03/are-reasonable-accommodations-required-for-an-employees-commute/ It also appears there is separate case law specifically regarding federal employees that supports employers’ being required to accommodate in these situations. https://feltg.com/ask-feltg-tackles-accommodation-request-for-inability-to-commute/ https://static1.squarespace.com/static/53c99028e4b02a3a05287dbc/t/5910b1fa5016e199a8bc3f02/1494266363778/Accommodating+Commuting+Restrictions+for+Federal+Government+Employees.pdf[/quote] That’s what happens when you use AI for legal research! And I am not going to pretend to be up to date on the case law, but I do think that the low/no burden of telework on the employer due to technological advances requires a new approach to telework requests as accommodations. I suppose the government could try to make up reasons that telework is an inherent burden - but given the religious accommodation telework memo that expressly says that telework is a low/no burden accommodation, I don’t see how they can say that. [/quote] The religious accommodation memo provides for situational telework not the full time telework arrangement that people want.[/quote] It also says telework is a low/no burden accommodation for the employer.[/quote]
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