June 30, 2020

CORONAVIRUS AND DISABILITY LAW: Can Faculty Be Forced Back on Campus? “Faculty members who seek accommodations under the ADA must show that that they will be able to perform the essential functions of their job at home. When most colleges thrust faculty members into online teaching in March and continued to pay them, the colleges essentially agreed that faculty members are able to perform the essential functions of their jobs from home, at least during this pandemic. Colleges would be hard pressed to now argue that working from home is not a reasonable accommodation. Moreover, they have resisted tuition refunds for students this spring on the grounds that online education is not inferior to in-person classes.”

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