The shift to remote and flexible work has reshaped the modern workplace. For many, working from home is a perk governed by company policy. However, for employees with disabilities, the ability to telework is often more than a benefit—it’s a potential legal right under the Americans with Disabilities Act (ADA) that can remove barriers.
This right is not based on company-wide programs, but on a legal framework that requires employers to provide “reasonable accommodations.” The key to unlocking this right is the “interactive process,” a collaborative dialogue between an employee and employer. This blog will demystify five critical aspects of your right to telework under the ADA, based on guidance from the U.S. Equal Employment Opportunity Commission (EEOC).
1. Your Right to a Telework Accommodation Is Not Tied to Company Policy.
Under the ADA, allowing an employee with a disability to work from home is considered a modification of workplace policies. This means that after an employee initiates the interactive process with a request, an employer may be required to grant it as a reasonable accommodation—even if the company has no existing telework program and does not allow other employees to work from home.
This is because changing the location where work is performed, such as allowing an employee to telework, may fall under the ADA’s reasonable accommodation requirement of modifying workplace policies, even if the employer does not allow other employees to telework.
This is a powerful distinction because it separates a disability accommodation from a standard employee perk. Your right is based on individual need, not on existing company-wide benefits.
What This Means for You: Don’t assume you are ineligible for a telework accommodation just because your company has a strict “office-only” culture. Your right to an accommodation is independent of standard company policy.
2. Internal Eligibility Rules Can Be Waived for an Accommodation.
If a company does have a formal telework program, its standard eligibility rules are not absolute when it comes to the ADA. As part of the interactive process, an employer might have to waive certain requirements, such as minimum tenure, as a form of reasonable accommodation.
For instance, the EEOC provides a specific example: an employer that normally requires employees to work for one year before becoming eligible for the company’s telework program may have to waive that rule for a new employee whose disability necessitates working from home. This point is crucial because it demonstrates that the ADA’s requirements can supersede internal company policies when an effective accommodation is needed.
What This Means for You: Company policies on telework eligibility are a starting point, not a hard barrier. If you need an accommodation, the interactive process can lead to modifying those rules to meet your needs.
3. Your Preference Matters, but the “Effective Accommodation” is Key.
While an employee can specifically request to work from home, the employer is not legally obligated to grant that request if another effective accommodation is available that would allow the employee to work on-site. The employer has the ultimate discretion to choose between effective accommodations.
However, the EEOC guidance states that the employee’s preference should be given “primary consideration.” This reinforces the importance of a good-faith interactive process where both parties can find a solution that works.
Ultimately, the goal is an effective accommodation, and the dialogue between you and your employer is the prescribed method for finding it.
What This Means for You: Clearly articulate why telework is your preferred and most effective solution during the interactive process. While the employer has the final say, a well-reasoned preference is given significant weight.
4. “Essential Functions” Are the Focus, Not Minor On-Site Tasks.
A common misconception is that a job must be entirely portable to be eligible for a telework accommodation. The key distinction under the ADA is between “essential” and “marginal” job functions. An employer is not required to remove essential duties—the fundamental tasks of the job—to allow for telework.
However, the EEOC clarifies that if only minor, non-essential (marginal) functions are preventing an employee from working at home, those tasks can be reassigned. For example, a food server cannot perform their essential duties from home, but an office worker whose essential duties involve writing reports and analyzing data might have a marginal duty of making occasional photocopies. Through the interactive process, that marginal task could be reassigned to allow for telework. This practical distinction makes telework a viable option for a much broader range of jobs than many people assume.
What This Means for You: Focus your accommodation request on how your essential duties can be performed remotely. Do not let minor on-site tasks derail the conversation; these are precisely the things the ADA allows to be reassigned.
5. Telework Accommodations Can Be Flexible, Not All-or-Nothing.
A reasonable accommodation for telework does not have to be a permanent, full-time arrangement. The structure should be tailored to what the employee’s disability necessitates, as determined through the interactive process.
This can take many forms: a hybrid schedule of one day a week at home, a temporary remote arrangement for a few months while recovering from treatment or even work from home on an “as needed” basis for a disability with unpredictable flare-ups. The frequency and duration should be based on the specific need, ensuring the employee can successfully perform their job.
What This Means for You: Your request doesn’t have to be for a permanent, full-time remote role. Propose a flexible arrangement through the interactive process that directly addresses the specific challenges your disability presents.
Beyond Policy, Towards Inclusivity
These “surprising truths” are not legal trivia; they are essential tools for self-advocacy and for building more equitable workplaces. Understanding that telework is a legal right, not just a company perk, reframes the entire conversation. For employees seeking support, knowledge of these rights is the first and most critical step in the interactive process.
If you would like to consult with an attorney regarding your reasonable accommodations and the interactive process, Rob Wiley, P.C., is dedicated to informing you of your rights and your employer’s potential violations. Please contact us to discuss your available options.