Some workers may have a disability that would make them particularly susceptible to acquiring, or having particularly adverse symptoms if exposed to Covid-19. Under the Fair Employment and Housing Act, and the Americans with Disabilities Act, that employee may be entitled to reasonable accommodations, which could potentially include continued working from home.
To qualify for accommodations, the employee must be a qualified person with a disability and must be able to perform the essential functions of the position with, or without accommodations.
If a disabled employee lets an employer know of a need for accommodations, it begins a “good faith interactive process” to find an accommodation that works for all parties.
An accommodation is generally considered to be reasonable so long as it does not create an “undue hardship”, or significant difficulty or expense, on the employer.
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