41 APRIL 2026 S ince the pandemic, employers, including vessel owners, often receive requests from employees and applicants to work-at-home. Many employers welcome work at- home requests as a way to attract and retain talented employees. Office space needs are reduced, and technology makes many jobs viable from a home setting. Other employers are of a different mindset, stating legitimate concerns for lost collaboration opportunity and additional workforce supervision and communication challenges, especially for quick moving informational needs. Absent a physical need or condition creating some level of disability that makes it challenging to report to work or perform in a work setting, employees do not have an inherent right to compel work-at-home arrangements. Indeed, absent physical need, an employer can make the decision whether work-at- home is disruptive or a good process to attract or retain desired employees. When a disability is claimed and sub- stantiated, the landscape changes. Under the Americans with Disabilities Act (ADA), a vessel owner’s discretion becomes limited. The Equal Em- ployment Opportunity Commission (EEOC) recently issued guidance titled “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities.” Although targeted at federal agencies, the guidance reflects standards also relevant to private employers. The ADA guidance requires that em- ployers grant to employees a “reason- able accommodation” if that accom- modation will allow and employee to perform the “essential functions of the job.” An employer need only provide telework as an accommodation if it is effective in allowing the employee, from a remote location, to perform the essential functions of the job. Identifying the “essential functions of the job” is often a challenge, especially in small employer settings in which employees multi-task. Workplace characteristics such as team building, collaboration, and easy communica- tions are common benefits to many employment settings. It can be hard to say for sure if they are essential. The EEOC acknowledged that the presence of a disability, by itself, does not automatically entitle an employee to telework as a reasonable accommo- dation. Employers must make individ- ualized assessments for each employee to determine whether telework can facilitate the core job tasks. By example, consider an active vessel operation, with frequent calls for char- ter booking and the responsibilities of a reservation agent. Company pro- cesses may differ. In one, the process may entail easily reviewing a computer screen and booking without collabo- ration, which can be done remotely. On the other hand, the business may be set up where an internal office di- alogue occurs for each booking, and the reservation person also helps at the ticket window during slow call times. In the former, remote work may be a reasonable accommodation, but not in the second scenario. Employers who grant telework as an accommodation are not obligated to continue to provide that accommo- dation and may periodically evaluate whether telework remains a necessary accommodation. An employer can request updated medical documenta- tion if needed to make a reevaluation decision as to the degree of disability, and the need for accommodation. Since 1990, Steven Bers, Esq., has advised passenger vessel owners on legal matters relating to marine law and marine employment. He also serves as PVA’s General Counsel, and can be contacted at 410-347-8724 or sbers@whitefordlaw.com. STEVEN E. BERS, ESQ. // PVA GENERAL COUNSEL LEGAL MATTERS When The Employee Asks to Work at Home LEGAL MATTERS Absent a physical need ... creating some level of disability that makes it challenging to report to work ... employees do not have an inherent right to compel work-at-home arrangements.
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