Repercussions of the COVID-19 pandemic have been felt deeply across many professional fields. One of the major shifts observed is the move to remote work and learning. However, a new argument has surfaced indicating that for some professions, like teaching, in-person presence may be an essential job function under the Americans with Disabilities Act (ADA).
This point emerged in the context of employees presenting requests for remote work based on physical or mental disabilities. As such, these requests are framed within the need for accommodations under the ADA. In response, some employers, like educational institutions, are denying the requests on the basis that the work cannot be completed from home. This has particularly been the assertion in the case of teaching.
When evaluating the validity of such claims, the essential function of a job, as defined under the ADA, must be considered. What constitutes an essential job function can be fluid depending on the nature of work, individual capabilities and resources available. Notably, the Equal Employment Opportunity Commission (EEOC) enlists certain factors for employers to consider while determining essential job functions that may range from the employer’s judgment, written job descriptions, the amount of time spent on the job performing the function, among other factors.
The argument here is that personal interaction and connection, factors considered pivotal to conventional teaching methods, could qualify as essential job functions, making in-person teaching indispensable.
However, the viability of these assertions in a legal context remains complex and is likely to witness a high level of scrutiny. Many elements need to be considered in this regard. Will such precedence narrow the definition of reasonable accommodations under the ADA? What implications will such assertions have on the future of remote working and online learning? Understanding the implications and relevance of these arguments will critical for legal professionals advising corporations and law firms.
For additional insights and a deeper evaluation on this issue, it would be beneficial to read “In-Person Teaching Is Essential Job Function Under Americans With Disabilities Act”, which has been published by Parker Poe Adams & Bernstein LLP.