Frequently Asked Questions - Is not telework for people with disabilities simply a way for employers to avoid the responsibility to provide access and real work in the usual workplace?

This is a first draft answer to the question, comments and improvements welcome! Please comment by mail to ISdAC at secretary@isdac.org

This is a difficult question. Here are some considerations:

• Equality of access to transport, buildings, workplaces, etc. for people with disabilities (PwD) is important and the need for does not "go away" simply because its possible for some PwDs to work at or closer to home through telework methods. ISdAC does not aim to free from their obligations public authorities and employers. ISdAC will not step into this field because in the majority of EU countries there are laws that compel accessibility, and there are many established forums in each country that survey those procedures. As one of our team members said "...there is not a law which states that if an employer employs teleworkers he/she is relieved of making buildings accessible to PwD."
• However, for some PwD, the option to telework at or close to home is particularly attractive, since in many cases the journey to work may be difficult and/or the facilities provided for access to work and convenience while working still leave a measure of difficulty, discomfort etc. So the opportunity to telework can be of more value to some PwD than it is for non-disabled people, or even for PwD who like to travel.
• In some cases (such as those people who suffer from agoraphobia) it is deeply unattractive to have to leave home and travel to work. Telework may be the only way to participate effectively in work.
• Acceptance of telework is increasing. Although there are issues associated with telework, when it is "right" for both the employer and the worker it has many benefits. As telework becomes a normal option for many people, its important that PwDs can capitalise on any special advantages it offers for them, as well as having the same access to telework as non-disabled people.
• We are also seeing the development of new kinds of "online communities" - people connecting across the networks for all kinds of social and economic purposes. These online communities include new kinds of "virtual enterprises", organisations that bring people together online to create new kinds of products and services or to compete with conventional enterprises. PwDs who have serious difficulties traveling to or coping with conventional workplaces may be able to participate in this new kind of work organisation on a completely equal basis - if they have the tools and the know how.

Based on these considerations, ISdAC has concluded that

1. A key priority is to ensure that PwDs have excellent access to learning the new skills of online working so that they have at least the choice of competing for telework and virtual enterprise opportunities on an equal footing;
2. A second priority is to find ways to make opportunities available for those PwDs who are attracted to the idea of telework as an alternative to commuting;
3. A third priority is to convince employers that a teleworker can make a strong contribution alongside commuters, whether that teleworker is or isn't disabled.

One intriguing fact contributed to an ETO discussion by Jack Nilles, a leading USA expert on telecommuting, is the recent court decision in favour of a PwD who successfully sued his employer who had refused to allow him to telework. This sets a precedent - at least in one jurisdiction - that if a person can demonstrate that a job can be done via telework, the employer is acting unfairly in refusing the right to telework.

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