Advocating for Remote Work as an ADA Reasonable Accommodation

During the height of the COVID-19 pandemic, tens of millions of people embraced an experiment in working from home (WFH) to isolate themselves from others and avoid the virus. However, as the threat from the virus has lessened, companies have begun pushing an agenda to force employees to return to the office (RTO). Employees, in turn, are pushing back and requesting the right to work remotely for myriad reasons. In many cases, it is employees with disabilities who are leading the movement for more permanent remote options with reasonable, rational arguments for accomodation.

The U.S. Equal Employment Opportunity Commission (EEOC) considers telework a reasonable accommodation. The Americans with Disabilities Act (ADA) can be a gray area for many employees and employers. While the ADA doesn’t explicitly require companies to offer remote options due to disabilities, it does state that accommodations should allow the employee to perform essential job functions and not cause the employer hardship. However, WFH is also a reasonable request, particularly for computer-based jobs.

Advocating for Remote Work as a Reasonable Accommodation

The EEOC lists telework as a way to attract and retain talent. Remote work can expand opportunities for people with disabilities. The EEOC points out that not all jobs can be performed at home, and companies should only have to accommodate reasonable requests. If the changes in the work environment cause the company undue hardship, the ADA does not require the employer to make the changes.

Some key factors to keep in mind:

Employers who offer WFH options must allow employees with disabilities to participate.
Changing work location is a reasonable solution even if the company has no telework program.
Determining if someone qualifies for remote work should be decided through a conversation and presentation of proof of disability.
Employers must review job functions and see if the employee can complete them at home.
Employers can offer hybrid solutions.
Companies can provide accommodation other than WFH.

What Is Considered a Disability Under the ADA?

Under the ADA, a disability is defined as "a physical or mental impairment that substantially limits one or more major life activities.” A person is also covered under the ADA if they have a record or history of a disability or if others perceive them as having a disability.

While the ADA intentionally leaves the definition vague, it lists some things typically considered disabilities:

Blindness
Diabetes
Deafness
Cancer
Epilepsy
Intellectual disabilities
Mobility issues requiring a wheelchair

Many employers wonder if mental health conditions fall under the ADA. With the number of students dealing with moderate to severe mental health challenges rising sharply in the past few years, many graduates struggle to function daily without some flexibility.

The ADA does protect people with mental disabilities when the condition is life-altering. Some common conditions include:

Anxiety
Schizophrenia
Bipolar disorder
Extreme depression
Personality disorders
Post-traumatic stress disorder (PTSD)

These lists are not inclusive — the ADA also protects people with other disabilities or perceived disabilities. Company leaders should be aware that situations and conditions impact everyone differently. What one person adapts to easily, another may struggle with. It’s best to err on the side of accepting reasonable requests and finding common ground.

How Employees Can Request Remote Work as a Solution

Employees who want to request remote work to continue their careers while working with a disability should prepare for the initial request and subsequent meetings. You do not have to mention ADA telework accommodations, but you can if you wish.

Many people say they want remote or hybrid work models. Ensure you have a qualifying disability before mentioning ADA accommodations to your employer. Review your employee handbook, as it may outline your company’s process for requesting accommodations.

Employers should define the circumstances under which they’ll consider changing the work environment. Here are some tips for employees requesting an accommodation:

USA Today conducted a poll of 1,000 white-collar workers on their opinions on remote work. Around 58% of respondents said they preferred to work remotely at least three days per week. The reasons people want to work remotely include less commute time, convenience and improved health.

Those with PTSD and anxiety may find WFH particularly beneficial, as they can avoid office politics and the noise and busyness of co-workers.

Gather information on your condition and how remote work could positively impact your life. Focus on how you’ll be more productive.

2. Keep Notes

The more detailed you can be with your request, the easier it will be for leadership to see the advantages to you and them. Those with disabling health issues frequently deal with discrimination from co-workers and managers. Educating others on the limitations you face and what helps you perform to the best of your ability is your first course of action in changing a work environment to be more inclusive.

If you worked from home previously and your company is trying to get everyone to RTO, tell them how WFH has positively impacted your performance. Keep notes about how often you feel overwhelmed or physically struggle in the office versus at home.

3. Understand How ADA Works

While the ADA makes discrimination because of a disability illegal, it can be hard to prove that's the case. Employers can claim changing things creates an "undue hardship" for them. Small businesses may state that the accommodation is too expensive or difficult for their brand.

Employees can contact the EEOC to file a discrimination charge for an incident within the past six months.

4. Point out Appropriate Mental Health Accommodations

An employer might not fully understand why someone with anxiety needs to work from home. Describe what happens inside your head and your physiological reactions in the office. What overwhelms you?

It’s unlikely a company could change your triggers, which are probably the noise and habits of others around you. However, they could accommodate this by changing lighting, giving you a private office or offering other solutions. Technological advances make remote work easier today. Providing some solutions may be all a team leader needs to see the value of WFH for you.

5. Get Personal

Explain how remote work helps with your health problems and offer examples. Someone who uses a wheelchair might point out the added effort of commuting to and from work daily. Rather than waiting for a ride or buying an expensive custom vehicle built for their disability, the person works from home and gets immediately into the groove of the day's tasks.

Also, explain how WFH benefits you in multiple ways. Dealing with physical limitations and going into the office can add undue stress that also impacts mental well-being.

6. Offer a Compromise

If full-time WFH isn’t available, seek a hybrid model or propose a trial period. Most employers want to find solutions for their disabled workers. Offering a compromise can go a long way toward helping them find a happy medium that works for both parties.

7. Have an Answer for Concerns

Many leaders worry people working remotely will be unfocused since they have little oversight of their activities. Come up with ways they can track your progress. Perhaps a quick teleconference at the end of each day would ease their concerns.

Put yourself in the employer’s shoes. What are the concerns? Offer the answer so they can see the benefits to WFH.

Understand the employer has the final say. While you can hire a lawyer or file a complaint and fight an unfair decision, you will also spend a lot of money on legal fees and still might not get the desired outcome.

Secure an Agreement

If you can get your employer to agree to a remote work arrangement, ask for the terms in writing. Should leadership change or a misunderstanding occur, you’ll have a written document to show the original agreement and that you abided by it.

Use the ADA as the reason for requesting accommodations. Seek medical paperwork to show you have a condition covered under the ADA and how your doctor feels you’d benefit from WFH.

A written agreement avoids any misunderstandings from leadership and co-workers. Company policies could change, but if you have a signed agreement for your personal work accommodations, you’ll avoid repeating the process. Employers also benefit by knowing what previous leadership agreed to.