Remote work is no longer an unusual workplace arrangement. But legally, the issue is not whether an employer prefers employees in the office or whether remote work was allowed in the past. The real question is whether working from home is a reasonable accommodation for a qualified employee with a disability. In some situations, it may be. In others, it may not. The answer depends on the job, the employee’s limitations, and whether the employer handles the request the right way.

Remote work may qualify as a reasonable accommodation

Under the Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations to qualified employees with disabilities, unless doing so would create an undue hardship.

The U.S. Equal Employment Opportunity Commission (EEOC) – the federal agency charged with enforcing the antidiscrimination laws – has specifically recognized that changing where work is performed, including allowing telework or work from home, may be a reasonable accommodation in the right circumstances. An employer does not get to reject a disabled employee’s request to work remotely simply because that employer does not offer remote work to everyone.

But employers should not automatically allow remote work

This does not mean every employee who asks to work from home is legally entitled to do so. The law does not require an employer to eliminate essential job functions. If physical presence is truly essential to the position, remote work may not be reasonable. At the same time, employers should be cautious about relying on assumptions. The EEOC has made clear that a request should not be denied just because a job involves meetings, teamwork, or some face-to-face interaction. Many duties that once seemed tied to the office often can be handled effectively from another location.

The interactive process is where many employers get into trouble

In many cases, the biggest legal problem employers face with reasonable accommodations is their failure to engage in the interactive process. Once an employee communicates that a medical condition is making on-site work difficult and asks for a change, the employer should respond promptly, gather appropriate information, and consider all possible accommodations in good faith. The employee does not need to use special legal language to trigger that obligation.

A proper analysis should focus on these practical questions:

• What limitation is the employee experiencing?
• Which duties truly must be performed in person?
• Would full-time remote work be effective, or would a hybrid arrangement, schedule change, modified workspace, or another accommodation solve the problem just as well?

If the disability and need for accommodation are not obvious, an employer may request medical documentation, but the inquiry should be restricted to the employee’s specific limitation and the accommodation being considered.

Pandemic-era remote work still matters

One issue that comes up often is whether an employer’s pandemic telework arrangements changed the legal analysis. The EEOC has said that temporary telework during COVID did not automatically turn every job into a permanently remote job. But temporary remote work may still matter as evidence. If an employee successfully performed the essential functions of the position remotely for a significant period of time, that history can make it harder for an employer to argue that remote work is impossible.

Not every work-from-home request is protected

It is also important to separate disability-related accommodation requests from personal preference requests. Anti-discrimination laws do not require employers to provide an accommodation simply because an employee wants to work from home for caregiving reasons alone. This distinction matters. A legally protected request involves a disability, pregnancy-related limitation, or another protected basis under applicable law.

Pregnancy-related limitations also may trigger an accommodation

Employers also should remember that accommodation obligations are not limited to the ADA. Under the Pregnant Workers Fairness Act, covered employers must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would create an undue hardship. In some situations, remote work or a modified schedule may need to be considered. Such local laws as the New Jersey Law Against Discrimination and the New York Human Rights Law also require similar reasonable accommodations for both pregnant and disabled workers.

The takeaway for employers

In general, return-to-office rules can create legal risk when they leave no room for individualized review. The better approach is a careful, documented analysis of the employee’s limitations, the essential functions of the role, and possible accommodations that would allow the employee to do the job. Remote work may be a reasonable accommodation…but it’s not a one-size-fits-all solution.

If you are an employer dealing with a remote-work accommodation request, legal guidance early in the process can make a significant difference.

This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.