Many have begun to question whether pandemic telework is creating a presumptive right to post-pandemic telework as a reasonable accommodation for employees with disabilities. However, the Equal Employment Opportunity Commission (EEOC) stated that the answer is still “no” in its updated “Technical Assistance Questions and Answers” on issues dealing with COVID-19 and other equal employment opportunity laws. The EEOC also explains that temporarily switching to telework out of necessity does not tie an employer to forever deeming it as a successful means for fulfilling all of the long-term essential job functions. Employers are advised to reevaluate the positions they believe onsite work will be an essential function post-pandemic and ensure documentation of these designations as well as related justifications. 

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