The Rights to Telecommute


The Dilbert comic found below raises a common question of employment law:

If you have a disability, working from home may be a reasonable accommodation for your disability.  Your employer has a duty to discuss your disability with you, and if you can do the essential functions of your job from home, you may be entitled to work from home as a reasonable accommodation.  If working from home would impose an undue hardship on your employer, for example, if your employer would have to spend a lot of time and money setting up office equipment for you, then your employer may not be required to allow you to work from home. 


If you are not disabled, then you most likely do not have a right to work from home.  “Other people get to work from home” is not a reason that a court is likely to endorse.

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