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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][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]

Agencies don't have to provide the lowest cost accommodation. They can choose a more expensive one that is still effective.[/quote]
In what world does the employer purposefully provide an accommodation that’s MORE burdensome to the employer? That’s not how it works.[/quote]

You haven't been paying attention to the last 8 months if you don't think that's how it works.[/quote]

I mean for the last 8 months the government has been trying to make working conditions so miserable in order to coerce employees into leaving.  This conversation is (rightly or wrongly) assuming an eventual return to sanity and best practices.[/quote]

That wasn't my understanding. I thought the discussion was about the present situation and the immediate future. I fully expect this administration will continue to attempt to break every aspect of government, regardless of cost.[/quote]

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