The COVID-19 pandemic reshaped the modern workplace in many ways, most notably through the rapid, widespread shift to telecommuting. As remote work became the norm, employees and employers adjusted to new at-home routines. Because work was already happening off-site, many employees continued working even when sick or unable to commute, altering traditional expectations around “sick days.” Similarly, questions about remote-work accommodations under disability laws surfaced less frequently, since working from home had become standard for nearly everyone.
Now that private businesses and public entities are calling employees back to the office, many requiring full, five-day-a-week in-person attendance, employers are seeing a new wave of accommodation requests by employees seeking to continue working remotely due to a disability or medical condition. For instance, an employee undergoing cancer treatment who is immunocompromised might previously have taken a medical leave of absence, but after the pandemic demonstrated that many jobs can be performed remotely, that same employee may now request a remote-work accommodation instead of leave. Similarly, an employee with anxiety or agoraphobia, which makes commuting or on-site work difficult may argue that remote work is a reasonable accommodation. But is it?
Understanding Accommodations under the Americans with Disabilities Act
The Americans with Disabilities Act (“ADA”) applies to employers with 15 or more employees, though some state laws such as those in New Jersey extend similar protections to smaller employers. Under the ADA, employees with disabilities may request reasonable accommodations from their employer. When they do, the employer must participate in the interactive process, a collaborative dialogue aimed at understanding the employee’s limitations, reviewing the essential functions of the job, and identifying potential accommodations that would allow the employee to perform those job functions without causing undue hardship. If a reasonable accommodation is available that enables the employee to meet the essential job requirements and does not impose an undue hardship on the employer, the employer is obligated to provide it.
Is Remote Work a Reasonable Accommodation?
The answer to this question requires fact specific analysis of the circumstances at hand. A central question in this analysis is whether the employee can perform the essential functions of the job remotely under normal, non-pandemic conditions. For some positions, in-person responsibilities are fundamental. For example, employees who conduct laboratory testing or perform hands-on tasks may not be able to fulfill their core duties from home. In such cases, a fully remote schedule would remove essential job functions, which is something the ADA does not require employers to accommodate.
At the same time, employers should not adopt a blanket policy denying all remote work accommodations. Each request must be evaluated individually, with consideration given to the following factors: (1) whether the employee can perform all essential job functions remotely; (2) whether the requested accommodation would impose an undue hardship on the business; and (3) whether alternative accommodations could meet the employee’s needs while still supporting the employer’s operational requirements.
The reasonable accommodation analysis can be complex, especially as remote work continues to evolve in the post-pandemic workplace. When in doubt, employers should consult an employment attorney experienced in ADA compliance and accommodation issues to ensure they navigate these requests appropriately and lawfully.
