Your employer announced that everyone must return to the office five days a week. A chronic illness, mobility limitation or mental health condition may make a daily commute and a full day on-site hard to manage, even though you have done your job well from home. You may wonder whether the law lets you ask for something different. Often it does, depending on your job and condition. Here is how remote work fits into disability law and what can shape your request.
Legal protections that may cover remote work requests
Federal disability law generally covers private employers once they have at least 15 employees. Under the Americans with Disabilities Act (ADA), an eligible worker may ask for changes to workplace rules or conditions when a disability affects how the job is performed. A reasonable accommodation is a change to how or where you work that lets you do your job. The Pennsylvania Human Relations Act (PHRA) offers similar protections and reaches employers with four or more employees.
Working from home can count as a reasonable accommodation under both laws. One survey found it is now the most requested accommodation as companies call workers back. A company-wide return-to-office policy generally does not cancel your employer’s duty to review your individual situation. However, a request based on child care or personal preference usually falls outside these laws. Even when the law applies, your request still has to fit your job.
Job duties and limits that can affect your request
Courts look closely at a job’s essential functions, which are the core duties of the role. If your work requires hands-on tasks, in-person customer service or on-site equipment, remote work may not be reasonable. Employers can also deny an accommodation that would cause undue hardship, meaning significant difficulty or expense. These limits on reasonable accommodation mean the outcome often turns on specific facts.
Your employer may also offer a different option, such as a quieter workspace or a flexible schedule, if it meets your needs. Working remotely during the pandemic does not automatically entitle you to keep doing so. Still, a strong record of remote performance may support your request. A hard commute alone generally doesn’t require your employer to let you work from home. Knowing these limits can help you prepare for the next step.
The interactive process after you ask
Once you ask for an accommodation, your employer should start the interactive process. This is a good-faith dialogue about your limitations and possible solutions. You don’t need special legal terms, but putting your request in writing creates a record. If your disability or need isn’t obvious, your employer may ask for reasonable medical documentation. The ADA and PHRA also bar employers from punishing you for asking.
Your options if your employer says no
Remote work isn’t a given, but it can be a valid accommodation when your job and condition support it. If your employer denies your request without discussing other options, keep copies of your request, the response and your performance records. You generally have 180 days to file a complaint with the Pennsylvania Human Relations Commission and 300 days to file a charge with the Equal Employment Opportunity Commission. Acting early helps protect your right to challenge a denial that may break the law.
