How does remote work create accessibility for employees with disabilities?

Is remote work considered a “reasonable accommodation” under the law?

A. Yes. According to the article, the Equal Employment Opportunity Commission (EEOC) and the Americans with Disabilities Act (ADA) recognize telework as a form of reasonable accommodation. For an employee to qualify, the remote work must enable them to perform the “essential functions” of their job, provide access to equal benefits of employment, or participate in the application process.

Can an employer deny a remote work request if they offer a different accommodation instead?

A. Yes. The article notes that an employer is required to provide an effective accommodation, but not necessarily the employee’s preferred one. If the employer can provide ergonomic equipment, adjusted schedules, or modified office configurations that allow the employee to perform their job effectively, they have the discretion to choose those over remote work. However, the alternative must actually work; an employer cannot choose a less effective option just to avoid the inconvenience of remote work.

Does the fact that I worked remotely during the pandemic prove I can do so now?

A. Not necessarily, but it is strong evidence. The EEOC’s guidance states that while temporary remote work during emergency conditions (like the pandemic) does not permanently change a job’s “essential functions,” it serves as a logical precedent. Courts often consider whether the job was successfully performed remotely during that time as evidence that the work can, in fact, be done from home without causing “undue hardship” to the employer.