Last week, we posted Part 1 of this blog series. Therein, you will find a discussion of employment discrimination laws that are potentially triggered when an employee requests to telework for 
health, safety, or disability reasons. In Part 2, we examine how the state of businesses during the COVID-19 pandemic impacts the discussion of whether telework is a reasonable accommodation.
For many years, employers have asserted that regular attendance at the job site is an essential job function, and employers have often been successful with this argument and, consequently, avoided providing telework as a reasonable accommodation. See, e.g., EEOC v. Ford Motor Co., 782 F.3d 753, 775 (6th Cir. 2015) (collecting cases). Prior guidance from the Equal Employment Opportunity Commission (“EEOC”) stated that considerations as to whether telework is a reasonable accommodation “include whether there is a need for face-to-face interaction and coordination of work with other employees; whether in-person interaction with outside colleagues, clients or customers is necessary; and whether the position in question requires the employee to have immediate access to documents or other information located only in the workplace.” Work at Home/Telework as a Reasonable Accommodation, EEOC Guidance (Feb. 3, 2003). Because of the spread of COVID-19, many businesses have now operated on a telework model and done so successfully. In fact, the Brookings Institute suggests up to half of American workers were working from home in April of this year. Telecommuting Will Likely Continue Long After the Pandemic, Brookings Institute (Apr. 6, 2020). Now that teleworking has been widely, and often effectively, used, the conversation around teleworking as a reasonable accommodation has evolved.
In September, the EEOC offered its guidance on the subject. What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, EEOC (Sept. 8, 2020). Therein, the EEOC recognized, “There may be reasonable accommodations that could offer protection to an individual whose disability puts him at greater risk from COVID-19.” Id. § D.1. An employer, however, is not automatically required to grant telework as a reasonable accommodation simply because the employee was allowed to telework for the purpose of slowing the spread of COVID-19. In sum, “[i]f there is no disability-related limitation that requires teleworking, then the employer does not have to provide telework as an accommodation.” Id. § D.15. If the employee has such a limitation and teleworking is a reasonable accommodation, the employer must show telework imposes an undue hardship.
employers are unsure how to respond to such requests on both a practical and legal level. This two-part series addresses some legal considerations for employers and employees regarding teleworking as a way to minimize health risks posed by COVID-19 for individuals with disabilities. In Part 1, herein, we provide an overview of the reasonable accommodation laws protecting an employee with a disability.
assists medical practice owners with set up, a variety of business transactions, dissolutions and wind-down of the business. Medical licensing rules do not necessarily govern the non-physician owner, but there are potential obligations all owners should be aware of.
government organizations that experienced revenue losses from COVID-19. The purpose of the Act is to offer financial relief and to establish telehealth benefits for patients needing non-COVID-19 services. Section A of the Act authorizes programs for relief and contains information about mandatory spending provisions, while section B contains provisions regarding discretionary and emergency appropriations. Over the next few weeks, this blog will discuss recent changes to the CARES Act, and the impact that those modifications are having on hospitals and physician practices. This post provides a brief overview of the CARES Act, as well as the attestation process that providers must follow upon receiving funds.
to audit providers suspected of fraud. UPIC contracts combine Zone Program Integrity Contractors (ZPIC’s) and Medicaid Integrity Contractors (MIC’s) to coordinate Medicare and Medicaid auditing. UPIC’s focus primarily on Medicare claims, and seek to distinguish between provider billing errors or fraud.
se be used and allows physicians to manage chronic illnesses remotely, without the in-person interaction that exposes provider and patient to the risk of spread. This increased reliance on telemedicine has prompted state and federal legislative bodies to pass new rules and guidelines to promote access to telehealth services by reducing costs, increasing availability, and promoting relationships between healthcare providers and their patients. Our Georgia-based business and healthcare law firm follows regulatory developments that impact healthcare providers. As of the date of this post, seven states (Arizona, Florida, Kansas, Maine, New Jersey, Oregon, and Utah) have waived restrictions on telehealth. More relaxation of telehealth rules may be expected.
On April 6, 2020, Lee Little Health Law co-presented with Brian Tuttle, Navigating HIPPAA and Telemedicine during COVID19.