Your Right to Work From Home: What Disabled Employees Need to Know
The COVID-19 pandemic proved that many of us can be just as effective working from the kitchen table as we are in the office. If you have a disability that makes coming into the workplace difficult or impossible, this shift is critical for your rights. Under the Americans with Disabilities Act (ADA), if you can still perform the core duties of your job, your employer must provide a "reasonable accommodation"—and that often means allowing you to work remotely.
While many companies are demanding "return-to-office," courts are increasingly skeptical of an employer's simple claim that "being present" is an essential function of your job. The law requires a close look at what you actually do. If your essential duties—like financial reporting or making calls—can be done from your home computer, judges are likely to side with you, regardless of what your employer puts on a job description. The key is showing that remote work allows you to perform the fundamental tasks that your job requires.