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Telecommuting is NOT a Reasonable Accommodation, According to Another Court


Doak v. Johnson - District of Columbia Circuit Court of Appeals


Facts:  Edna Doak ("Doak") worked as an analyst in the Office of Acquisition Resources Management at the United States Coast Guard.  Doak suffered from several debilitating conditions that caused her to miss a significant amount of work, with little to no predictable pattern.  After she exhausted her FMLA leave, Doak requested various accommodations including a late start time of 11 AM (everyone else started between 6 AM and 8 AM) and telecommuting.  Doak's late start time and telecommuting requests were denied on the grounds that Doak's position required her to interact frequently with various co-workers.  The requested accommodations were found to not allow her to perform those job functions. Doak was subsequently terminated from her position due to her ongoing inability to work a regular schedule

Doak brought suit against the Secretary of the Department of Homeland Security and the Coast Guard on the grounds that she was discriminated against in violation of the Rehabilitation Act because she had allegedly been unlawfully denied her accommodations and terminated in retaliation for requesting those accommodations.  The district court granted summary judgment in favor of the defendants.

Holding:  The District of Columbia Circuit Court of Appeals affirmed the lower court's ruling in favor of the defendants and held that Doak's proposed accommodations would not enable her to perform the essential functions of her job.  Doak's job requirements required she be present during regular work hours and was thus an essential function of the job.  When confronted with this issue, the Court noted that Doak failed to present any evidence to the contrary.

Judgment:  The District of Columbia Circuit Court of Appeals affirmed the district court's granting of summary judgment in favor of the defendants and found that Doak could not prevail on her Rehabilitation Act claim since the evidence showed her requested accommodations, a late start and telecommuting, would not allow her to perform the essential job functions of her specific position.

The Takeaway:  This is yet another court which has held that telecommuting is not a reasonable accommodation in certain situations.  Earlier this year, the Sixth Circuit in EEOC v. Ford Motor Co. reached a similar conclusion:  When an employee's job responsibilities include a requirement that they be present in the office, a request to be allowed to telecommute is often not a reasonable accommodation.

Majority Opinion Judge:  Judge Millett

Date:  August 18, 2015

Opinion:  http://caselaw.findlaw.com/us-dc-circuit/1711036.html

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