Remote Work Accommodation

An employee has been awarded $75,000 in damages after their employer refused their request to work remotely two days per week, in relation to a medical diagnosis.

In 2017, a woman diagnosed with fibromyalgia, along with other health and medical conditions, requested that her employer allow her to work remotely two days per week.

The status of the woman’s health and conditions were not disputed. The parties stipulated that the woman was diagnosed with fibromyalgia and other health and medical conditions and that she was ‘handicapped’ pursuant to M.G.L.c. 151B, §1(17). 

The parties did dispute whether the woman was a ‘qualified handicapped person’, defined as a ‘handicapped person who is capable of performing the essential functions of a particular job, or who would be capable of performing the essential functions of a particular job with reasonable accommodation to her disability.’ M.G.L.c. 151B, §1(16).

In appropriate circumstances, accommodations related to commuting to and from work may constitute reasonable accommodations under M.G.L.c. 151B.

It was found that the woman was a ‘qualified handicapped person’ capable of performing the essential functions of the position with reasonable accommodation.

The MCAD found that there was ample evidence that the woman requested an accommodation and that her employer was aware of that. The employer was on notice of the woman’s requests for a reasonable accommodation.

The only remaining question was whether the employer proved that permitting the woman to work a 2 day/week remote schedule posed an undue hardship to the company.

The employer did not meet its burden of showing that a 2 day/week remote schedule would have placed an undue hardship on the employer. Therefore, the MCAD found for the woman in the amount of $75,000 for emotional distress damages.

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.