Disability2 min read

Employer Denied Remote Work or Telework: When It Is a Reasonable Accommodation Under the ADA

Published
Employee with a laptop at a home desk reviewing a written accommodation request: Remote Work as an ADA Accommodation

At a glance

Employer Denied Remote Work or Telework: When It Is a Reasonable Accommodation Under the ADA: key takeaways

A visual summary of this post's main points. Read the article for context and limits.

  • Key point 1

    Telework can be a reasonable accommodation under the ADA when a disability makes it difficult to work at the usual location and the essential job duties can be done from home

  • Key point 2

    An employer must consider a request individually, and a blanket no-remote-work policy does not end that duty

  • Key point 3

    Employers can deny a request that would cause undue hardship or where on-site presence is truly an essential function, but they should discuss alternatives

Many workers learned during the pandemic that their jobs could be done from home. For someone with a disability, working from home can be the difference between keeping a job and losing it. When an employer says remote work is simply not allowed, the question is whether the Americans with Disabilities Act (ADA) requires it to look closer.

In this article
  1. When Telework Can Be a Reasonable Accommodation
  2. What Employers Look At
  3. A Blanket Policy Is Not the Answer
  4. Steps to Take Now
  5. Deadlines
  6. Free Case Review

Key takeaways

  • Telework can be a reasonable accommodation under the ADA when a disability makes it difficult to work at the usual location and the essential job duties can be done from home

  • An employer must consider a request individually, and a blanket no-remote-work policy does not end that duty

  • Employers can deny a request that would cause undue hardship or where on-site presence is truly an essential function, but they should discuss alternatives

  • A request does not need magic words; telling the employer you need a change at work because of a medical condition can be enough

  • Keep requests and replies in writing, and watch the EEOC deadline of 180 days, extended to 300 days in many states

When Telework Can Be a Reasonable Accommodation

The EEOC guidance on telework as a reasonable accommodation explains that allowing an employee to work at home can be a reasonable accommodation when a disability makes it hard to work at the usual location and the essential functions of the job can be done remotely. The rules in the EEOC guidance on reasonable accommodation and undue hardship apply: the employer must consider the request, and the change should not cause undue hardship. Our guide to the accommodation request process covers how that conversation should go.

What Employers Look At

  • Essential functions

    If a task truly requires being on site, such as operating equipment that only exists at the workplace, remote work may not be possible for that duty.

  • Past remote work

    If the employer allowed other employees, or you, to work from home before, that history can show the job can be done remotely.

  • Partial options

    A few remote days a week, a hybrid schedule or temporary telework during treatment may work when full remote work does not.

  • Undue hardship

    The employer must show significant difficulty or expense, judged on its size and resources, not just that it prefers on-site work.

A Blanket Policy Is Not the Answer

A company may have a rule that everyone works in the office. The ADA still requires the employer to look at your request individually, because an accommodation is by definition an exception to a rule. A reply that only says "policy does not allow it" without discussing your limits or other options may point to a failure of the interactive process. For related situations, see our guide on disability discrimination under the ADA.

Steps to Take Now

Make the request in writing and say it is because of a medical condition; you do not need to use the words "reasonable accommodation." Be ready to give medical information that shows why you need the change, and suggest options such as a trial period. Keep every reply. If you were disciplined or fired after asking, that may be retaliation, and our guide to mental health and ADA rights shows how those cases arise. If leave is part of the picture, read about ADA leave after FMLA runs out.

Deadlines

A charge with the EEOC generally must be filed within 180 days of the denial, extended to 300 days in many states; see the EEOC page on filing a charge and our deadlines guide. Each denial can start its own clock, so do not wait.

Free Case Review

Whether remote work was required depends on your job duties, your medical limits, the employer's size and your state law, which can be broader than federal law. Our team can review your situation at no cost, if you are eligible.

Does my employer have to let me work from home?

Not always. The employer must consider it as a possible accommodation, and it can refuse if you cannot do the essential duties remotely or if it causes undue hardship, but it should look at alternatives.

Can my employer change its mind after allowing remote work during the pandemic?

Yes, but earlier remote work can be evidence that the job can be done from home, which matters when you ask for it as an accommodation.

Do I have to disclose my diagnosis?

The employer may ask for enough medical information to show that you have a disability and need the change, but not your full medical history.

What if the employer offers something else instead?

An employer can choose between effective options, so an alternative that actually lets you do the job may satisfy the law even if it is not your first choice.

Primary Sources