Photo of a young woman who is working from her home office, having the cutest and the cuddliest assistant - her pet dog.
As we celebrate Disability Pride Month, let’s talk about the seismic shift in the world of work - The Remote Work Revolution - and its impact on disability law.
The COVID-19 pandemic has been a game-changer. It has shown us that remote work is not only possible but can be highly effective. But did you know that this has also been influencing disability law?
According to a Bloomberg Law review from Robert Iafolla, employers who denied requests for telework as a disability accommodation used to prevail in nearly 70% of federal court rulings pre-pandemic. However, post-pandemic, this dropped to nearly 60%! 📉
Nicole Buonocore Porter, a disability law scholar at Chicago Kent College of Law stated, “Scholars and advocates had hoped the pandemic would have moved the needle more.” She emphasized that courts need to stop “too readily deferring to whatever the employer says.”
So, what does this mean for employees with disabilities?
It means that the collective experience of remote work during the pandemic is slowly changing perceptions. The notion that in-person attendance is always essential is being challenged. 🤔
However, we still have a long way to go. Many judges continue to apply a de facto presumption against allowing remote working, often siding with employers who insist on in-person attendance.
But here’s the kicker - the U.S. Department of Labor and the Job Accommodation Network announced in May that nearly half of workplace accommodations can be implemented at no cost to employers. This includes remote work!
As a disability advocate and someone who has personally benefited from remote work, I believe it’s high time that we embrace this revolution. Let’s work toward creating inclusive work environments that recognize the diverse needs of all employees.
Covid’s Remote Work Experience Is Slowly Changing Disability Law