Disability Accommodation Laws for Remote Workers

Remote work has long been recognized as a disability accommodation in the workplace. In 1999, the U.S. Equal Employment Opportunity Commission (EEOC) started issuing guidance on remote work as a reasonable accommodation. It aims to clarify legal obligations and promote inclusivity.

Still, many misunderstandings surround remote work as a disability accommodation. The rise of remote work during and after the COVID-19 pandemic has contributed to the confusion.

But as a disabled employee, the law provides you with rights and legal protections. These are different from others simply hoping to maintain their pandemic work arrangements.

Your employer should evaluate your request for remote work as a disability accommodation within a specific framework. Unfortunately, that doesn’t always occur.

An employer who unfairly denies a disability accommodation may be engaging in disability discrimination. If you suspect this may be the case for you, consider speaking with an employment law attorney. They can help you understand the remedies available to you under state and federal law.

In this article, we’ll explore some basic principles you’ll want to keep in mind.

What Is Remote Work?

Remote work means working from a location outside the office or worksite. It often requires technology like video calls to stay connected with coworkers and managers. Remote workers might work from home or anywhere else with internet access.

We sometimes see “telework” used interchangeably with remote work. Technically, telework is a type of remote work. Telework programs often involve working at an alternate location, like a satellite office.

Remote work became much more common during the COVID-19 pandemic. Some employees have maintained full-time remote work arrangements. Others may follow a hybrid work schedule. This means going into work and working remotely on certain days.

Remote work arrangements can also help some people with disabilities.

What Are Disability Accommodations?

Disability accommodations are changes or adjustments to the work environment. They're supposed to help employees with disabilities do their jobs effectively. These accommodations ensure that everyone has equal opportunities at work. We sometimes refer to them as "reasonable accommodations" or ADA accommodations. "ADA" refers to the Americans with Disabilities Act.

Examples include:

• Screen readers for visually impaired employees
• Part-time work schedules or remote work
• Ramps for wheelchairs at workspaces

The goal is to give disabled employees equal opportunities to succeed.

Does My Employer Have to Provide Disability Accommodations?

More than likely, yes. The details depend on both federal and state law.

Federal Law

The Rehabilitation Act of 1973 initially prohibited disability discrimination. It applies to programs and activities receiving federal funds. These organizations had to allow full participation for individuals with disabilities and provide them with reasonable accommodations.

The Americans with Disabilities Act (ADA) came later, in 1990. It extended these protections to private employers. Together, these laws cover most workplaces in the U.S. with at least 15 employees.

So, employers must provide these accommodations to employees with disabilities unless doing so causes undue hardship. This means significant difficulty or expense to the employer.

The EEOC enforces employer obligations under the ADA.

State Law

States also have laws that require employers to provide reasonable accommodations for workers with disabilities. They often align with the ADA. But some offer additional protections.

For example, California law requires employers with five or more employees to provide disability accommodations.

At a minimum, the ADA still applies to employers in all states with 15 or more employees. To understand your rights as a disabled employee, it's important to know both federal and state law.

Who Can Get Disability Accommodations?

Under the ADA, employees and job applicants with disabilities are entitled to reasonable accommodations. But they must meet two criteria:

• They must have a physical or mental impairment that substantially limits one or more major life activities.
• They must be qualified to perform the essential functions of the job, with or without accommodations.

The employee or applicant must inform the employer of their disability and make an accommodation request. Once aware, the employer should engage in an interactive process with the individual and provide appropriate accommodations.

Is Remote Work a Reasonable Disability Accommodation?

Yes. Remote work or a hybrid work arrangement can be a reasonable accommodation under the ADA. It can often help an employee fulfill their job responsibilities while accommodating their specific needs.

If an employee's disability prevents them from performing their job on-site, remote work may be a suitable accommodation. But it will depend on the nature of the job and whether it can effectively be done remotely without causing undue hardship to the employer.

What Must My Employer Provide for Remote Work?

If your employer allows you to work remotely as a disability accommodation, they must generally provide certain things necessary for you to perform your job effectively.

These might include:

• Computer/software
• Internet stipend
• Assistive technology

The specifics can vary based on the nature of your job and the agreement between you and your employer.

What Must I Supply for Remote Work?

Arrangements for remote work as a disability accommodation can vary widely. They will depend on employer policy, your specific disability, and employer resources.

Often, employees are asked to provide:

• Office furniture
• Basic supplies
• Personal comfort items

Clear communication between you and your employer about what you are expected to supply is critical. Many employers negotiate these arrangements on a case-by-case basis.

Which Disabilities Qualify for Remote Work?

Remote work can be a reasonable accommodation for various disabilities. Some examples include:

• Chronic health conditions: Medical conditions such as autoimmune disorders or chronic pain with flare-ups might make it challenging for someone to work consistently in an office environment.
• Mental health conditions: Employees with anxiety, depression, or other disorders may find a remote setting less stressful than in-person work and better for their well-being.
• Neurodivergent conditions: Some individuals with ADHD, autism, or other neurodivergences might find the noise, lights, and other traditional workplace stimuli distracting and stressful.

But a remote work accommodation that’s suitable for one employee may not be for another employee, even if they have the same disability. That’s because the reasonableness of any workplace accommodation turns on the:

• Disabled employee’s needs
• Essential functions of their job
• Burden to the employer

So, you’ll want to start the disability accommodation process with your employer. That way, they can understand why remote work might be optimal for you.

How Do I Request a Disability Accommodation?

To request remote work or another disability accommodation, an employee should start by informing their employer about their disability and need for the requested accommodation.

This should begin an interactive process. You and your employer will likely discuss your specific needs and how to meet them without causing undue hardship. You’ll want to communicate why remote work is an effective accommodation that will help you perform your job duties. You may need to provide documentation from a health care provider.

Employers might use job descriptions to evaluate employee requests for disability accommodations. These typically outline essential job duties and functions for positions. They also identify which tasks are critical and cannot be altered. Accommodations are meant to help the employee perform these essential functions despite their disability.

Can I Request Remote Work as a Temporary Disability Accommodation?

Yes. If you need to work remotely for a limited time due to a short-term condition, the process and requirements are essentially the same. But temporary accommodations typically have a defined end date and may be reviewed more frequently. Employers are sometimes more willing to consider remote work as a short-term solution.

What If My Employer Denies My Remote Work Request?

If your employer denies your remote work request, there are several steps you can take.

At this stage, you may find it comforting to learn that the ADA prohibits retaliation. Retaliation in this context refers to negative consequences someone might face for requesting disability accommodations. The law also protects people from opposing practices believed to be discriminatory. 

 So, first, ask your employer for the reason for the denial in writing so you have a record. Then, work with them to see if there are alternate accommodations that could work. Remember that you’re trying to manage your disability while doing your job effectively.

You may want to access the Job Accommodation Network (JAN). JAN is a free service that can help identify specific accommodations tailored to individual needs.

Taking Action

If you’re still having trouble or believe the denial isn't fair, there are many ways you might proceed. An experienced employment law attorney can help you sort through them. In the meantime:

Gather Supporting Information

Document everything. Keep detailed records of your interactions with your employer, beginning with your request.

File Agency Charges

An unfair denial may be a form of disability discrimination. In some cases, you’ll need to file a charge with the EEOC before you can sue. This generally applies to most discrimination claims and retaliation claims related to discrimination. State law may also mandate filing with state agencies for certain claims.

Speak With Human Resources

In some cases, your human resources department (HR) may be able to help. But you may fear retaliation or lack trust in HR’s ability to be impartial.

For these and other strategic reasons, you should probably consult an employment attorney before taking action.

Getting Legal Advice

The EEOC and other government agencies generally work with strict deadlines. This course of action may not provide you with the remedies you’re seeking. But it’s often a necessary step to preserve your ability to pursue certain legal claims.

As a result, it’s highly advisable you consult an employment attorney sooner rather than later. You can share the specifics of your situation with them confidentially. They can help you understand the range of remedies and protections available to you.

You’ll want to identify someone well-versed in the anti-discrimination laws of your state. Fortunately, Findlaw’s directory of employment attorneys is arranged geographically. So, just click on your state and city to connect with local experts.

This is a tricky area of law to navigate. Let an experienced advocate help you fight for your rights.