Accommodating Remote Work in Compliance with the Americans with Disabilities Act

Accommodating Remote Work in Compliance with the Americans with Disabilities Act

The debate over remote work often centers on productivity and workplace culture, but a Bloomberg Law article by Matt Morris and Jeff Nowak says that understanding remote work as an accommodation under the Americans with Disabilities Act (ADA) is critical for employers. 

The federal government recently mandated in-person work for federal employees, aligning with private-sector trends as major corporations enforce stricter return-to-office policies. Despite this shift, courts have been clear: remote work remains a viable accommodation under the ADA when supported by case-specific circumstances. In fact, remote work was the most frequently requested accommodation in 2024.

The article suggests attorneys should keep up with recent case law for guidance on how courts assess these requests, shaping how law firms and their clients should approach accommodation decisions.

A key takeaway from recent cases is that advancements in technology have changed the feasibility of remote work. Courts have acknowledged that platforms like Zoom and Teams, along with digital document management systems, have shifted the considerations for determining whether in-person attendance is necessary. However, courts also emphasize that certain roles, such as educators and supervisors, still require physical presence, even if remote work was temporarily allowed during the pandemic.

Another critical factor is performance. Courts have upheld denials of remote work accommodations where employees could not perform their jobs effectively, as seen in cases like McKinney v. Macomb County. Employers must also engage in the interactive process in good faith, as failures to do so have led to rulings against them, including in EEOC v. Total Systems Services.

As firms advise clients on Americans with Disabilities Act compliance, the authors suggest they should emphasize the importance of individualized assessments, technological considerations, and a well-documented interactive process. The legal framework surrounding remote work accommodations will continue to develop, making it essential for employers to stay informed and proactive.