Ask the Expert

June 1, 2013 – In The News
Insights and Strategies

Randy Schauer was quoted in the Insights and Strategies article "Ask the Expert." While the full text can be found in the May/June 2013, issue of Insights and Strategies, a synopsis is noted below.

“No laws mandate telecommuting in the workplace. However, it is possible that telecommuting would be a reasonable accommodation under the American with Disabilities Act (ADA),” Schauer said. “The courts have become more open to telecommuting as an accommodation. In doing so they look at factors such as whether other employees are allowed to telecommute; whether the job requires teamwork, daily interaction with others, frequent face-to-face contact, and supervision; and whether the home environment is conducive to the work requirements.”

“An employer is required to treat a woman who is unable to perform her job due to a medical condition related to pregnancy or childbirth in the same way that it treats any other temporarily disabled employee,” Schauer said. “In short, the Pregnancy Discrimination Act of 1978 does not create preferential rights for pregnant employees, but simply states that they cannot be treated differently than similarly situated employees or be subject to policies with an adverse impact on pregnant women as a class.”