Whether the employer's view of the essential job elements or the competing views of the employer and employee should be the deciding factor in determining the reasonableness of a work-from-home accommodation under the ADA

QUESTIONS PRESENTED 1. In determining whether a “work-from home” or “telecommuting” accommodation offered by an employer is “reasonable” under the Americans With Disabilities Act, as amended, should federal courts accord primacy to the employer’s view of the essential elements of the at-issue employee’s job? Or, should the competing views of the employer and employee on that question, supported by competent and admissible evidence, be deemed a question of fact to be decided by a jury? .2. In determining whether an employer has an affirmative duty to engage in a good faith interactive dialogue with a disabled employee to fashion such a reasonable work place accommodation as contemplated by the Americans with Disabilities Act, whether in the context of the employee’s request for an initial accommodation or a request that an existing accommodation be modified, can the employer avoid its affirmative duty by claiming that theemployee is not a qualified employee within the meaning of the Act? 3. In deciding whether to grant Petitioner’s Petition for Writ of Certiorari to resolve a split in the circuits on the above two questions, should this Court take into the consideration empirical statistics reflecting a substantial increase of employees over the last several years who work from home, as well as a substantial increase of employees over the last several years whose disabilities would be accommodated by allowing them to work from home?