The COVID-19 pandemic reshaped the way businesses operate, with many companies adopting hybrid or fully remote work models. As a result, legal questions have emerged about whether working from home can be considered a reasonable accommodation under employment law.
For employees who can work remotely for part of the week, does that mean they should be allowed to work remotely full-time? The courts are still working through these questions, and the answers may impact both employers and employees in the years to come.
Can Remote Work Be a Reasonable Accommodation?
Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities unless doing so would create an undue hardship for the business.
Now, remote work is at the center of many ADA accommodation requests, especially for workers who were allowed to work from home during the pandemic. If an employer permits remote work two days a week, does that mean the employee can argue that full-time remote work is reasonable?
🔹 Courts are beginning to address this issue, but decisions vary based on:
- The essential job functions of the role.
- Whether in-office work is truly necessary.
- The impact of remote work on business operations.
Employees seeking full-time remote work as an accommodation may need to show that their job can be done effectively from home without disrupting business needs.
How Remote Work Is Changing the Workplace
The shift to hybrid work has changed how employers and employees view in-office requirements. Returning to the office is now a major concern for many workers, as it disrupts:
🏠 Work-life balance – Managing household responsibilities, such as childcare and pet care.
⏳ Commuting time and expenses – Many workers have saved hours each week by working from home.
🎯 Job performance – Some employees find they are more productive in a remote setting.
As a result, many employees are pushing back against return-to-office mandates, and some are using legal arguments to request continued remote work.
What Employers Should Consider
Employers navigating remote work requests should carefully assess:
✔️ Whether in-office work is truly essential. Can employees perform their core job duties remotely without impacting productivity?
✔️ Consistency in remote work policies. If some employees are allowed to work remotely, it may be harder to deny similar requests.
✔️ Legal risks of denying accommodations. If an employee requests remote work due to a disability, employers must engage in the interactive process under the ADA to determine if the request is reasonable.
Employers should document why remote work is (or isn’t) feasible and ensure consistent application of their policies to avoid potential discrimination claims.
Looking Ahead: The Future of Remote Work Accommodations
The legal landscape surrounding remote work as a reasonable accommodation is still evolving. Courts are considering whether temporary remote work arrangements during COVID-19 set a precedent for permanent accommodations.
For employees and employers alike, understanding the legal rights and responsibilities around remote work is critical. If you have questions about remote work policies, ADA accommodations, or workplace disputes, contact our office for expert legal guidance.
