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Teleworking and Reasonable Accommodation During a Pandemic

 

Understand the legal obligations you may have to provide remote work as an accommodation and what happens if work from home isn't reasonable.

The world has shifted dramatically towards remote work in recent months, but it has long been requested as a reasonable accommodation for medical issues. This topic will address the legal obligations employers may have to provide remote work as an accommodation, how the analysis is impacted by the COVID-19 crisis, compliance considerations for remote workers, and what to do if remote work is not reasonable.

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Teleworking and Reasonable Accommodation During a Pandemic

Agenda

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Teleworking and Reasonable Accommodation During a Pandemic

Faculty

Tina M. Bengs

Tina M. Bengs

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Shareholder in Ogletree, Deakins, Nash, Smoak & Stewart, P.C.’s Valparaiso, Indiana office
  • Counsels business clients on various employment issues relating to the ADA, ADEA, FMLA, Title VII, workers' compensation, and employee discipline and termination
  • She strives to assist her clients in determining best practices that conform with the law and with the needs of the business
  • Represents clients in employment litigation matters at the agency level and in state and federal court
  • She also represents clients in ERISA and bad faith litigation including the litigation of pension, life, health, disability, and employee benefits issues
  • Speaks on a variety of employment topics for several business associations and also conducts internal training for clients
Charles L. Thompson, IV

Charles L. Thompson, IV

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Shareholder in Ogletree, Deakins, Nash, Smoak & Stewart, P.C.’s San Francisco office
  • Counsels and defends employers in wrongful termination, discrimination, and other employment-related matters; these areas include trade secrets and unfair competition, California and federal leaves of absence, ADA compliance, and wage and hour compliance
  • He creates and provides workplace training programs to California employers on sexual harassment, workplace violence, corrective action and discipline, workplace investigations, managing the borderline employee, and avoiding wrongful termination claims
  • Was a judicial clerk for The Honorable Patrick E. Higginbotham of the U.S. Court of Appeals for the Fifth Circuit
  • Has been a faculty member of the San Francisco Law School, where he taught constitutional law and employment discrimination law
  • Has served as president of and outside counsel to Mission Neighborhood Centers, a nonprofit organization providing social services to the Mission District in San Francisco, California; in addition, he has served as first vice president, secretary and outside counsel to the NAMES Project Foundation, sponsor of the AIDS Memorial Quilt
Sarah Platt

Sarah Platt

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

  • Shareholder in Ogletree, Deakins, Nash, Smoak & Stewart, P.C.’s Milwaukee office
  • Partners with employers of all sizes to find proactive and practical ways to address issues that could otherwise limit the success of employees and companies
  • Counsels clients every day through challenging leave and accommodation issues under the ADA, FMLA, FFCRA, and state laws
  • Often serves as an outside investigator and participates on clients’ crisis management teams to respond to harassment and other internal complaints, including those arising at the highest level of an organization
  • Frequently provides training to clients, from front-line workers to executive leadership, relating to harassment, respect in the workplace, accommodations and leave management, FMLA compliance, pay equity, and other legal requirements and best practices
  • Also works with clients to conduct proactive pay equity audits and implement change
  • A member of Ogletree’s Diversity & Inclusion practice group, advising clients on creating and maintaining an inclusive climate
  • Works with clients to avoid litigation and to create a strong record to defend employment actions should it be necessary; when litigation arises, she defends employers against discrimination and retaliation claims before administrative agencies and state and federal courts
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Teleworking and Reasonable Accommodation During a Pandemic

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