Can an Employer Refuse Remote Work as a Disability Accommodation?

The COVID-19 pandemic introduced millions to the reality of working from home. Now, with return-to-office orders being implemented more and more frequently, increasing numbers of workers are facing disruptions to their schedules and workflows. Some may even be denied remote work as an accommodation despite having a documented disability. This is a legally complicated situation, as the answer to whether an employer can legally refuse this accommodation request is not a simple yes or no.

Several factors will shape that outcome:

• Employers must provide reasonable accommodations under federal and California law.
• Remote work can qualify as a reasonable accommodation, but that does not mean it always will.
• The nature of the job and its essential functions matter significantly.
• Employers must engage in a good-faith interactive process before denying an accommodation; refusal to do so may expose an employer to legal liability.

At Olivier & Schreiber PC, our employment attorneys have experience helping employees dealing with varying forms of disability discrimination. If you are unsure whether your rights have been violated by an employer’s denial of your remote work request, do not hesitate to reach out to our team for an evaluation of your specific situation.

What the Law Requires of Employers

Under the Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA), employers with five or more employees are required to provide reasonable accommodations to qualified individuals with disabilities. These accommodations must enable the employee to perform the essential functions of their job unless doing so would create an undue hardship for the employer.

FEHA specifically lists accommodations such as:

• Changing job duties or work schedules
• Relocating the work area
• Providing mechanical or electrical aids
• Granting leave for medical care

Remote work is therefore often recognized as a potential accommodation under these statutes.

When Can Remote Work Qualify as a Reasonable Accommodation?

Remote work typically qualifies as a reasonable accommodation when it enables the employee to:

1. Participate in the job application process
2. Perform the essential functions of a job
3. Experience equal access to benefits and privileges of employment

If remote work serves one of these purposes, an employer must seriously consider it as an accommodation. They cannot dismiss the request outright. California law makes clear that employers must engage in a timely, good-faith interactive process when a disability accommodation is requested. This process requires the employer to assess both the specific job requirements and the employee’s particular limitations in determining whether an accommodation should be granted.

What Factors Affect the Decision?

Even a well-supported remote work request may be denied under certain circumstances. Factors used to determine the suitability of remote work as an accommodation include:

• Essential job functions: Does the role require in-person supervision, direct client contact, or team collaboration that cannot be replicated remotely?
• Undue hardship: Would granting the accommodation impose significant operational or financial difficulty on the employer?
• Availability of alternatives: Are there effective in-office accommodations, such as modified schedules, assistive devices, or workspace adjustments, that would meet the employee’s needs?
• Medical documentation: Does the employee’s documentation clearly connect the need for remote work to a functional limitation?

An employer who identifies one or more of these factors may lawfully offer an alternative accommodation. However, the employer cannot simply refuse without engaging in an individualized assessment of the specific request.

Let Us Help You Stand Up for Your Rights

If your employer has refused remote work as a disability accommodation without explanation, without exploring alternatives, or without engaging in the interactive process, that refusal may constitute an instance of disability discrimination. At Olivier & Schreiber PC, our attorneys represent all manner of employees who have been denied their legal rights in the workplace. We can provide a thorough evaluation of your situation and clear guidance on your options. Contact our team today to schedule a consultation and start discussing your circumstances.