As employers continue recalibrating return-to-office expectations in the years after the COVID-19 pandemic, many are facing a steady stream of requests for full-time remote work as a disability accommodation under the ADA.
Recent federal appellate decisions offer important guidance. Courts continue to treat these requests as highly fact-specific inquiries centered on the essential functions of the particular position. COVID-era telework, standing alone, does not permanently redefine a job or create a presumption that remote work is reasonable.
Key takeaways for employers:
- Whether remote work must be granted turns on whether the employee can perform the essential functions of the role remotely.
- Employers must still engage in a good-faith interactive process, assess the requested accommodation and possible alternatives, and document the reasons for any denial.
- Job descriptions, performance expectations, and contemporaneous business records should clearly explain why physical in-office presence is required—on-site supervision, collaboration, client interaction, access to equipment or confidential materials, or location-specific work.
- Attendance and remote-work policies should state when in-person attendance is required, tie it to business needs or essential functions, and explain how employees request accommodations through the company’s established process.
- The analysis must be tailored to the role, industry, and workplace. Compliance obligations, confidentiality concerns, supervision needs, and operational requirements all matter.
Although recent Court of Appeals decisions have generally been employer-friendly, these requests remain highly individualized. Maintain a clear record of the employee’s request, supporting medical information, the essential functions of the role, and the company’s evaluation of alternatives.
When the answer is close, the safest path is to consult before denying a remote-work request.
