Date: November 6th, 2024

Like most legal questions, the answer is it depends. First, an employer is not required to allow you to work remotely as a me convenience. For example, an employer is not required to allow you to work remote due to how far your commute is from the office, for non-medical related childcare reasons, or just because it is your preference, among other reasons.

However, if you have a medical condition that requires you to work remotely, the Americans with Disabilities Act (ADA) May require an employer to accommodate you. First, your medical condition would have to qualify as a disability under the ADA. The definition of a disability under the ADA is rather broad, and it can be argued that most medical conditions can qualify as a disability.

Once you can establish that you are disabled under the ADA, whether an employer must accommodate your request to work remotely will turn to if you can still perform the essential functions of the job while working remotely, and if you can work remotely without posing an undue hardship on the business.  Since this language is quite ambiguous, employees and employers alike can typically present strong cases, respectively. This is why ADA claims are some of the most highly litigated employment claims.  How the court will rule will typically come down to a very fact intensive analysis that really digs into the specifics of an individual’s position and the needs of the company.  

Author: Gary Martoccio, Martoccio Law Group (licensed in AZ, GA, FL, IL, MA, NC, PA, TN, TX)

#WFH #accommodation #remotework #ADA