One of the hardest parts of working from home is the quiet assumption that it’s a privilege, not a right — and that can make it feel risky to ask for it as a formal accommodation. Since 2020, the Equal Employment Opportunity Commission has been clear that remote work can be a reasonable accommodation under the ADA for qualified employees with disabilities, but the surge in ADA-related lawsuits over denied work-from-home requests tells a different story: knowing the policy exists and knowing how to navigate it are two very different things.
Legal rights Workplace accommodations Remote work requests
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The Right Exists, But It’s Not Automatic
The ADA protects employees at companies with 15 or more workers, and it covers disabilities that affect major life activities. If you can perform the essential functions of your job — with or without a reasonable accommodation — your employer generally has to consider your request. The EEOC’s guidance has stressed that telework can be a reasonable accommodation, provided it doesn’t eliminate an essential job function or cause undue hardship for the employer.
What trips people up is the word “reasonable.” It’s not a blank check. Courts have upheld denials when in-person attendance was deemed essential to the role, as in the Fifth Circuit’s decision in Hayes v. GStek, Inc., where the court found that the employer’s offer of partial telework met its obligation. The employee wanted full-time remote work, but the court ruled the employer wasn’t required to give the preferred accommodation — just a reasonable one.
That gap between what you need and what an employer considers “reasonable” is where most of the friction lives. It’s not necessarily bad faith — sometimes it’s a genuine disagreement about what a job actually requires. But when the stakes are your health and your income, that uncertainty can feel like a wall.
So how do you know where your situation falls? It starts with the job description. If your role was always remote or hybrid before the pandemic, that history matters. If the company has since required a return to in-office work, you’ll need to show how your specific condition makes that requirement a barrier — and how remote work removes it without breaking the job’s core purpose.
The Interactive Process Is Where It Happens
Under the ADA, once you notify your employer of a health condition that affects your ability to do your job, a back-and-forth conversation begins. This is called the interactive process, and it’s the legal framework for figuring out what works. You and your employer are supposed to discuss the essential functions of your role, explore possible accommodations, and find a solution that doesn’t create an undue hardship.
The employee in Cowell v. Illinois Dep’t of Hum. Servs. had been working remotely from her encrypted cellphone, coordinating with courts and attorneys. When she requested continued remote work due to lupus and chronic pain, the employer denied it. The court denied the employer’s motion for summary judgment, meaning the case had enough merit to go to trial. The distinction? Her job already functioned remotely — the employer couldn’t simply claim it was impossible.
- Start the conversation early, before performance issues arise — proactive requests are stronger than reactive ones.
- Document everything: the date you asked, what you said, and any response you received. Keep copies in a personal file, not just your work email.
- Be specific about how remote work enables you to perform the job’s essential functions — not just why it’s more comfortable for you.
The research summary from Helmer Friedman’s employee guide underscores a crucial point: the employer can ask questions about supervision, equipment, and collaboration. If you have well-documented, honest answers ready, you’re in a much stronger position. The interactive process isn’t a trap — it’s a negotiation, and preparation shifts the balance.
When Remote Work Isn’t the Answer
Sometimes the essential function of the job genuinely requires physical presence. A restaurant shift manager, a lab technician, or a nurse can’t perform their duties from a home office. In those cases, the ADA doesn’t force a square peg into a round hole — but it does require the employer to consider other accommodations.
This is where the definition of “reasonable accommodation” broadens. If full-time remote work isn’t feasible, alternatives might include:
- Modified schedules — starting later or leaving earlier to manage medical appointments or energy levels.
- Ergonomic equipment for the home office, like a height-adjustable desk or an ergonomic chair — these are tangible, often low-cost options that can make a real difference.
- Assistive technologies — screen readers, speech recognition software, closed captioning for virtual meetings, or adaptive keyboards.
- Part-time telework, even if full-time isn’t possible.
Assuming the first “no” is the final answer. Employers sometimes deny the specific request without fully exploring alternatives. The interactive process requires good faith on both sides. If you only ask for full-time remote work and it’s denied, you may need to follow up with, “What about three days a week? What about a flexible schedule instead?” Staying engaged shows you’re trying to find a workable solution — and it strengthens your legal position if the employer stops participating.
A legal firm settled a lawsuit from an employee with a hearing impairment by investing in accessible meeting software with robust captioning and training staff on how to use it. That’s a reminder that technology accommodations are often overlooked in the conversation. The cost of a speech recognition tool or a quality closed-captioning service is usually far lower than the cost of litigation — something more employers are starting to realize.
What This Means for Your Next Request
The surge in ADA lawsuits since 2020 has made employers more cautious, not necessarily more generous. Some are tightening RTO policies precisely to avoid the kind of ambiguity that leads to litigation. The EEOC’s guidance on COVID-19 and the ADA still applies, but it’s not a blanket guarantee. Each case is evaluated individually, and the outcome depends heavily on the specific job, the specific disability, and the specific history of the request.
If you’re making a request, consider looping in the Job Accommodation Network (JAN) — a free resource that provides practical advice on accommodation strategies. They can help you frame your request in terms employers understand, which reduces the chances of a denial based on misunderstanding rather than genuine hardship.
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A physical or mental impairment that substantially limits one or more major life activities — this can include chronic conditions like lupus, autoimmune disorders, cancer, severe anxiety, depression, or mobility limitations. Temporary, minor conditions usually don’t qualify. The EEOC’s guidance page has helpful examples.
Not necessarily. The ADA doesn’t require a history of remote work — it requires the employer to consider whether the accommodation is reasonable now. However, if the job has an established in-person attendance requirement and no one in the role has worked remotely, the employer has a stronger argument that attendance is essential. That’s where the job description matters most.
That’s allowed, as long as what they offer is reasonable. The Hayes case established that employers don’t have to give you the exact accommodation you prefer. But if the offered accommodation doesn’t actually address your disability-related limitation, you can push back and explain why it falls short. That’s part of the interactive process.
We have a deeper guide on disability accommodations for telework that covers the specifics of the interactive process from start to finish. If you’re also dealing with questions about how to handle sensitive information while working remotely, this post on confidentiality and staying legal walks through the common pitfalls.
You don’t have to walk into this conversation blindly. Knowing the ADA’s framework gives you a structure: identify the essential function, explain how your condition makes it difficult, propose a specific accommodation that solves the problem, and stay engaged when the employer responds. The law doesn’t guarantee you’ll get exactly what you want — but it does guarantee that your employer can’t ignore you. That’s a real advantage, and it starts with one well-prepared conversation.