Remote work has become standard practice for many companies today. It offers flexibility and supports productivity while changing how teams communicate. For employees with disabilities, however, remote work can provide something even more valuable: critical access to stable employment.

This shift has raised important legal questions. As an employment attorney in New Jersey and New York, I work with clients facing ADA and workplace accommodation issues. I help both employers and employees understand when remote work may be legally required.

About the Author

Ty Hyderally is a prominent employment law attorney with a practice based in Montclair, New Jersey. He represents clients throughout New York and New Jersey, with a focus on workplace discrimination, retaliation, and leave law compliance.

His firm, Hyderally & Associates, provides legal counsel to both employees and employers on matters involving federal and state labor laws, including noncompete agreement compliance.

Ty Hyderally frequently advises on new and evolving employment legislation. His work has helped shape policies that ensure legal compliance across industries.

What the ADA Says About Accommodations

The Americans with Disabilities Act (ADA) protects workers with disabilities. It applies to employers with 15 or more employees. One of its core requirements involves providing reasonable accommodations. Employers in New Jersey and New York must also stay current with expanding anti-discrimination protections under state law.

These adjustments help individuals perform essential job duties. Accommodations may include modified schedules or assistive devices. They might involve changes to job duties or, in some situations, changing the job location entirely.

Working from home is one adjustment an employer may need to consider. This depends on the employee’s needs and the job’s specific requirements.

Understanding Undue Hardship

An employer doesn’t have to offer accommodations that cause significant difficulty or expense. The law calls this “undue hardship.” Therefore, employers must assess each request based on facts, not assumptions.

Decisions should reflect a clear understanding of both the law and the role. At my firm, we work with both employers and employees on ADA-related matters. These cases often involve questions about what qualifies as reasonable.

EEOC Guidance on Remote Work

The Equal Employment Opportunity Commission (EEOC) enforces federal disability rights in the workplace. It provides detailed guidance on how employers should evaluate accommodation requests. Remote work is included among the types of adjustments that may be required.

The EEOC states that working from home may be reasonable if it allows the employee to perform essential functions. However, not all positions qualify for remote arrangements. When the work can be done off-site and the accommodation relates to a medical condition, employers must give it full consideration.

Importantly, the EEOC doesn’t require companies to offer general telework programs. It does require them to evaluate individual needs fairly. If job duties can be performed from home without significant disruption or cost, remote work may be appropriate.

Employers must avoid blanket policies that ignore personal circumstances. Through my practice, I’ve seen how critical it is to follow EEOC guidance closely. A thoughtful review process helps protect rights and supports practical solutions.

When handling medical documentation, employers must follow employee data privacy best practices to avoid compliance risks.

Key Court Cases

Humphrey v. Memorial Hospitals Association

This case examined how an employer handled a request for remote work. The employee had obsessive-compulsive disorder and struggled with tardiness due to her condition. She asked to work from home after other accommodations didn’t meet her needs.

The employer denied the request, even though other employees had been allowed to work remotely. The court found that denying the request without further discussion violated the ADA’s interactive process requirement.

The decision emphasized that employers must remain open to reevaluating accommodations when circumstances change. Additionally, the court noted that performance problems linked to a disability shouldn’t be used as the basis for denying future accommodations.

Vande Zande v. Wisconsin Department of Administration

In this case, the court considered whether full-time remote work was a required accommodation. The employee had a mobility-related disability and requested to work from home during a medical episode. Her duties included tasks that the employer believed required in-person performance.

The court reviewed the nature of her job and found that regular physical presence was essential. It explained that not every role can be adapted to a home setting. Personal interaction and direct supervision are often part of essential job functions that cannot always be replicated remotely.

The opinion clarified that reasonable accommodations must support essential functions. If those functions depend on being at the workplace, the ADA doesn’t require a change in location.

The Interactive Process

The ADA requires employers to engage in an interactive process when an accommodation request is made. This process involves open communication between the employer and the employee. The goal is to identify a workable adjustment that enables job performance.

Each party must participate actively and in good faith. The process begins when the employer learns of a need related to a medical condition. From that point, the employer must explore potential solutions.

This can include asking questions, reviewing documentation, and assessing workplace logistics. The ADA doesn’t permit one-sided decisions or assumptions.

Remote work may be discussed as part of this process. If an initial accommodation proves ineffective, the employer must continue exploring alternatives. The law expects flexibility and ongoing effort to find a workable outcome.

Identifying Remote-Capable Jobs

Determining whether a job can be done from home depends on its essential functions. Some roles involve independent tasks that require minimal in-person contact. Others may rely on face-to-face communication, specialized equipment, or on-site supervision.

Decisions about remote work can unintentionally reflect or reinforce bias. Employers should consider racial disparities linked to remote access when building policies.

Each job must be reviewed based on its actual duties. Employers should begin by identifying which tasks are central to the position. These functions form the foundation of any reasonable accommodation analysis.

If the key duties can be completed off-site using available tools, remote work may be appropriate. Marginal or support tasks can often be adjusted or reassigned.

This analysis requires more than reviewing a job title. Employers must consider how the work is performed on a day-to-day basis. Some positions may also allow for partial remote arrangements that support core responsibilities while maintaining structure.

Creating Flexible Schedules

Remote work accommodations don’t need to follow a full-time format. Some employees benefit from working at home only during certain days or hours. Others may need flexibility during recovery or periods of increased symptoms.

The frequency of remote work can reflect the nature of the medical condition. Employers may implement hybrid arrangements that mix home and in-office time. The structure can also change over time as health conditions improve or shift.

Employers must consider whether a part-time remote plan allows essential duties to be met. The arrangement must be practical, consistent with business operations, and clearly communicated.

Offering Effective Alternatives

The ADA allows employers to suggest accommodations that meet the employee’s needs in a different way. If remote work is requested, the employer can evaluate other options that achieve the same result. These alternatives must be effective and based on the specific role.

Examples include adjusted work hours, reassignment of non-essential tasks, or changes to physical workspaces. The key is whether the alternative supports the employee’s ability to perform essential duties.

Employees don’t have to receive their preferred accommodation. They do have a right to an accommodation that enables them to work. The focus remains on results and practical solutions that align with legal obligations.

Common Legal Pitfalls

Employers can face legal risk when accommodation requests are mishandled. Common issues include ignoring documentation, relying on outdated job descriptions, or applying inflexible policies. Each request must be reviewed individually with attention to current circumstances.

Decisions shouldn’t be based on assumptions about the employee’s condition or past performance. When performance problems are related to a disability, they must be addressed through the accommodation process.

Overlooking the needs of workers with disabilities can lead to claims of disability discrimination and missed inclusion efforts.

Failing to revisit prior accommodations is another source of legal exposure. If an initial solution doesn’t work, the employer must remain engaged. The interactive process is ongoing, not a one-time decision.

Steps for Employees Requesting Remote Work

When requesting remote work as a reasonable accommodation, employees should follow a clear approach. The ADA gives workers the right to request adjustments, but success often depends on preparation and communication.

1. Understand your essential job duties. Identify which tasks are central to your role and whether they can be done from home using available tools.
2. Document how your condition affects on-site work. Explain how your medical limitations interfere with travel, scheduling, or physical presence at the workplace.
3. Submit a written request. Clearly state that you’re seeking a reasonable accommodation under the ADA. Describe the change you’re requesting.
4. Provide medical support if asked. A short note from a healthcare provider may be required. It should describe work-related limitations, not diagnoses.
5. Be prepared to discuss options. Participate in the interactive process. Stay open to other solutions that may meet your needs effectively.
6. Stay professional and focused on the job. Emphasize your willingness to remain productive and flexible in meeting work responsibilities remotely.

Employer Best Practices

Employers play a critical role in making the accommodation process work. A clear and consistent approach helps reduce legal risk and supports employee productivity.

1. Review the job’s essential functions. Clarify which tasks are required for success in the role and whether they can be performed remotely.
2. Engage in the interactive process. Open a dialogue with the employee. Ask questions and listen to understand what adjustments may help.
3. Request supporting documentation. Ask for medical information that explains limitations. Keep this information confidential and job-related.
4. Consider all reasonable options. Look at remote work and other accommodations. Choose the option that enables job performance without hardship.
5. Document the entire process. Record each conversation, decision, and rationale. This helps demonstrate good faith and legal compliance.
6. Stay flexible as circumstances evolve. An accommodation may need to change over time. Revisit arrangements if the employee’s condition or job changes.

Why Remote Work Matters in ADA Compliance

Remote work can be a powerful tool for ensuring equal access to employment. For individuals with disabilities, it may be the difference between staying in the workforce and facing unnecessary barriers. Remote work also reshapes how we think about equity and bias in modern employment. Learn more about its broader impact on workplace discrimination.

The ADA provides a path for making that access possible through thoughtful accommodations. The law doesn’t guarantee remote work in every situation. However, it does require employers to evaluate whether it’s reasonable based on the role and the individual’s needs.

A structured, good-faith process helps ensure that decisions are fair, compliant, and based on clear facts. At Hyderally & Associates, we help clients navigate these questions with confidence. Whether you’re requesting an accommodation or reviewing one, proper legal guidance is essential for effective, lawful outcomes.

Resources

https://caselaw.findlaw.com/court/us-7th-circuit/1372073.html

https://caselaw.findlaw.com/court/us-9th-circuit/1047141.html

https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title42-section12112&f=treesort&num=0&saved=%7CKHRpdGxlOjQyIHNlY3Rpb246MTIxMDEgZWRpdGlvbjpwcmVsaW0pIE9SIChncmFudWxlaWQ6VVNDLXByZWxpbS10aXRsZTQyLXNlY3Rpb24xMjEwMSk%3D%7CdHJlZXNvcnQ%3D%7C%7C0%7Cfalse%7Cprelim