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Professor Arlene Kanter Looks at the Right to Work Remotely with the ABA Journal

Posted on Wednesday 10/27/2021
Arlene Kanter

Has COVID-19 made the workplace more accessible for lawyers with disabilities?

(ABA Journal | Oct. 26, 2021) Since March 2020, most law firms and legal organizations have adapted to the COVID-19 pandemic by allowing their employees to work remotely and transition to more flexible hours. For some lawyers with disabilities, teleworking has brought significant benefits, including increased access to their clients and colleagues and to more job opportunities ...

... The question of whether people with disabilities will be protected under the Americans with Disabilities Act if they do request telework is top of mind for many legal scholars, including Arlene Kanter, the founder and director of the Disability Law and Policy Program at Syracuse University College of Law.

For a forthcoming article in the Cornell Law Review, she examined cases from nearly every federal appellate court in the past decade that centered on whether working from home was considered a “reasonable accommodation” under the ADA. She found most courts ruled in favor of employers in those cases.

“Now that new technologies have allowed so many of us to work from home during the current COVID-19 pandemic, it is time to call for a new right to remote work under the ADA,” Kanter says. “With more remote work opportunities, jobs for individuals with disabilities will open up, especially for those people with disabilities who had been unable to get to work because of inaccessible transportation or who are simply not able to work in an office from 9-5" ...

Read the full article.