TLDR; As return-to-office (RTO) mandates increase, more employees are requesting remote work accommodations as a reasonable accommodation under the Americans with Disabilities Act (ADA). Employers must assess each accommodation request individually—blanket denials won’t hold up under employment law. If work from home was previously allowed, companies need a valid reason under the ADA accommodation process to deny it now.
To stay compliant with the U.S. Equal Employment Opportunity Commission (EEOC), employers should:
✔️ Engage in the interactive process – Discuss the requested accommodation and consider alternative solutions.
✔️ Assess essential job duties objectively – Determine whether in-person work is necessary for the essential function of the job.
✔️ Justify refusals carefully – If remote work was permitted during the pandemic, there must be a valid reason why it is no longer an effective accommodation.
✔️ Document everything – Maintain records of each remote work request and the accommodation process to minimize legal risk.
Following these steps reduces undue hardship and fosters an inclusive work environment.
As companies roll out return-to-office (RTO) mandates, employees with disabilities are increasingly requesting work from home arrangements as an ADA accommodation. Some organizations argue that on-site presence is necessary, but others are facing legal challenges alleging discrimination under the Rehabilitation Act and employment opportunity laws.
With the EEOC making it clear that telework can be an effective accommodation, HR professionals and human resources teams must rethink outdated work arrangements to ensure compliance with employment law.
The key legal question: If an employee successfully worked remotely during the pandemic, why isn’t it a reasonable accommodation now?
Under the ADA, employers must provide reasonable accommodations unless doing so causes undue hardship to their business operations. The EEOC has reinforced that telework programs can be a valid accommodation process if an employee can perform the essential functions of their job remotely.
✅ Employers should grant remote work accommodations when:
❌ Employers may deny a remote work request when:
However, blanket denials will not hold up in district court. Each accommodation request must be evaluated on a case-by-case basis, and employers must document why remote work is or isn’t a reasonable accommodation.
With return-to-office mandates, employees are citing medical conditions that make in-person work difficult, such as:
➡️ Mobility impairments that make commuting to the worksite challenging.
➡️ Chronic health conditions requiring flexibility for treatment and recovery.
➡️ Sensory sensitivities to office lighting, noise, or other environmental triggers.
➡️ Mental health conditions, such as anxiety or PTSD, worsened by high-stimulation work environments.
➡️ Compromised immune systems leading to greater risk of illness in shared workspaces.
The Job Accommodation Network (JAN) supports job accommodation strategies, stating that telework programs can provide effective accommodations for these challenges.
For companies enforcing return-to-office policies, the legal risk is growing. If an employee successfully worked remotely during the pandemic, they may argue in district court that in-person work is not necessary for the essential functions of their job.
The EEOC and courts have found that past work from home arrangements serve as evidence that remote work accommodations can be reasonable. Employers enforcing RTO mandates should be prepared to:
✅ Prove why in-office work is now essential beyond just work arrangement preferences.
✅ Demonstrate that alternative accommodations were considered.
✅ Show why the requested accommodation creates an undue hardship.
Simply preferring in-person collaboration isn’t enough. Without a clear job description that justifies on-site work, employers risk being accused of violating the ADA and Rehabilitation Act.
To avoid legal pitfalls, human resources and legal teams must handle accommodation requests with care. Here’s how:
✅ Engage in the interactive process – Openly discuss the requested accommodation with the employee.
✅ Assess essential job duties objectively – Reevaluate whether on-site presence is truly necessary for the essential function of the job.
✅ Consider hybrid work and flexible work schedules – If full-time remote work isn’t feasible, offer part-time remote arrangements.
✅ Document every step – Maintain records of all accommodation requests, discussions, and justifications to protect against legal claims.
✅ Be prepared for flare-ups – Employees with chronic health conditions may have periods of increased symptoms, requiring occasional work from home adjustments.
With more return-to-office mandates, accommodation requests for remote work will continue to rise. Employers who engage in good-faith discussions, evaluate requests individually, and maintain clear documentation will reduce legal risk and foster a more inclusive work environment.
📢 Need help navigating the rise in remote work accommodation requests? Talk to Disclo.
As return-to-office mandates rise, employers face increasing remote work accommodation requests under the ADA, requiring them to engage in the interactive process, assess job duties objectively, justify refusals carefully, and document all steps to reduce legal risks and promote workplace inclusivity.
TLDR; As return-to-office (RTO) mandates increase, more employees are requesting remote work accommodations as a reasonable accommodation under the Americans with Disabilities Act (ADA). Employers must assess each accommodation request individually—blanket denials won’t hold up under employment law. If work from home was previously allowed, companies need a valid reason under the ADA accommodation process to deny it now.
To stay compliant with the U.S. Equal Employment Opportunity Commission (EEOC), employers should:
✔️ Engage in the interactive process – Discuss the requested accommodation and consider alternative solutions.
✔️ Assess essential job duties objectively – Determine whether in-person work is necessary for the essential function of the job.
✔️ Justify refusals carefully – If remote work was permitted during the pandemic, there must be a valid reason why it is no longer an effective accommodation.
✔️ Document everything – Maintain records of each remote work request and the accommodation process to minimize legal risk.
Following these steps reduces undue hardship and fosters an inclusive work environment.
As companies roll out return-to-office (RTO) mandates, employees with disabilities are increasingly requesting work from home arrangements as an ADA accommodation. Some organizations argue that on-site presence is necessary, but others are facing legal challenges alleging discrimination under the Rehabilitation Act and employment opportunity laws.
With the EEOC making it clear that telework can be an effective accommodation, HR professionals and human resources teams must rethink outdated work arrangements to ensure compliance with employment law.
The key legal question: If an employee successfully worked remotely during the pandemic, why isn’t it a reasonable accommodation now?
Under the ADA, employers must provide reasonable accommodations unless doing so causes undue hardship to their business operations. The EEOC has reinforced that telework programs can be a valid accommodation process if an employee can perform the essential functions of their job remotely.
✅ Employers should grant remote work accommodations when:
❌ Employers may deny a remote work request when:
However, blanket denials will not hold up in district court. Each accommodation request must be evaluated on a case-by-case basis, and employers must document why remote work is or isn’t a reasonable accommodation.
With return-to-office mandates, employees are citing medical conditions that make in-person work difficult, such as:
➡️ Mobility impairments that make commuting to the worksite challenging.
➡️ Chronic health conditions requiring flexibility for treatment and recovery.
➡️ Sensory sensitivities to office lighting, noise, or other environmental triggers.
➡️ Mental health conditions, such as anxiety or PTSD, worsened by high-stimulation work environments.
➡️ Compromised immune systems leading to greater risk of illness in shared workspaces.
The Job Accommodation Network (JAN) supports job accommodation strategies, stating that telework programs can provide effective accommodations for these challenges.
For companies enforcing return-to-office policies, the legal risk is growing. If an employee successfully worked remotely during the pandemic, they may argue in district court that in-person work is not necessary for the essential functions of their job.
The EEOC and courts have found that past work from home arrangements serve as evidence that remote work accommodations can be reasonable. Employers enforcing RTO mandates should be prepared to:
✅ Prove why in-office work is now essential beyond just work arrangement preferences.
✅ Demonstrate that alternative accommodations were considered.
✅ Show why the requested accommodation creates an undue hardship.
Simply preferring in-person collaboration isn’t enough. Without a clear job description that justifies on-site work, employers risk being accused of violating the ADA and Rehabilitation Act.
To avoid legal pitfalls, human resources and legal teams must handle accommodation requests with care. Here’s how:
✅ Engage in the interactive process – Openly discuss the requested accommodation with the employee.
✅ Assess essential job duties objectively – Reevaluate whether on-site presence is truly necessary for the essential function of the job.
✅ Consider hybrid work and flexible work schedules – If full-time remote work isn’t feasible, offer part-time remote arrangements.
✅ Document every step – Maintain records of all accommodation requests, discussions, and justifications to protect against legal claims.
✅ Be prepared for flare-ups – Employees with chronic health conditions may have periods of increased symptoms, requiring occasional work from home adjustments.
With more return-to-office mandates, accommodation requests for remote work will continue to rise. Employers who engage in good-faith discussions, evaluate requests individually, and maintain clear documentation will reduce legal risk and foster a more inclusive work environment.
📢 Need help navigating the rise in remote work accommodation requests? Talk to Disclo.
