Key Takeaways:
- Working from home can count as a reasonable accommodation when a disability makes on-site work difficult, and the job can still get done remotely.
- Employers may deny a request when in-person duties are central to the job, when remote work would cause major hardship, or when another effective option exists.
- A denial should follow a good-faith back-and-forth with the employee, and workers who ask for an accommodation are protected from retaliation.
An employer can deny a work-from-home request, but Philadelphia employment lawyers note that the reasons must hold up under disability law. Remote work may qualify as a reasonable accommodation when a worker can still perform the job’s main duties remotely. Employers may say no if in-person tasks are central, if the change creates major hardship, or if another effective option exists. A lawyer with years of employment law experience can review a denial and explain the next steps.
Is Remote Work a Reasonable Accommodation Under the Americans With Disabilities Act (ADA)?
Yes, the law requires employers to make reasonable changes that help qualified workers with disabilities do their jobs. For example, an accountant with multiple sclerosis who struggles with a long commute might perform just as well from a home office. Working from home is common, as 24.4% of workers with a disability teleworked in early 2024, compared with 22.8% of those without one.
When Can an Employer Deny a Remote Work Accommodation?
An employer can deny remote work when the job’s main duties require being on site. A Center City hospital nurse, for instance, cannot care for patients unless they are on-site. Denials may also be lawful when remote work would cause “undue hardship,” meaning significant difficulty or expense. Even then, the employer still needs to consider other changes that could help the worker stay on the job.
What Makes a Job Duty Essential?
An “essential duty” is a core task that defines the position, rather than an occasional or minor one. Courts look at the written job description, how much time workers spend on the task, and what happens if no one performs it. Supervising a warehouse floor in person may be essential, while attending a weekly staff meeting may not be, since a video call can replace it.
How the Interactive Process Works
Once an employee asks for an accommodation, the employer should start a “good-faith conversation” about what the worker needs. During this interactive process, both sides share information, which may include a doctor’s note explaining the limitation. The employer then weighs the request against the job’s demands. Ignoring the request or skipping this step can expose a business to liability, even if remote work was not ultimately required.
Can an Employer Offer a Different Accommodation Instead?
Yes. An employer can choose among effective accommodations, which means it does not have to grant the exact option a worker prefers. For instance, someone with chronic migraines who asks to work from home might instead receive a private office with dimmable lighting. The real question is whether the alternative addresses the limitation.
Which Laws Protect Philadelphia Workers Who Need Accommodations?
Philadelphia workers can rely on three layers of protection:
- The ADA, which applies to employers with 15 or more employees.
- The Pennsylvania Human Relations Act, which covers employers with four or more employees.
- The Philadelphia Fair Practices Ordinance, which reaches employers with as few as one employee.
As a result, a small design studio in Old City and a large company with 250 employees still owe workers with disabilities a fair look at their accommodation requests.
How Office Return Policies in Philadelphia Affect Accommodation Requests
Policies calling workers back to the office have pushed many accommodation requests into the spotlight. In 2024, the City of Philadelphia ordered most of its own employees back to the office full time, and some private employers have tightened their rules, too. A blanket policy does not cancel the duty to accommodate, though. A worker whose condition makes a daily Southeastern Pennsylvania Transportation Authority (SEPTA) commute exhausting can still request an exception.
What Should Employees Do if a Remote Work Request Is Denied?
We suggest asking for the denial in writing to create a record of the employer’s reasons. From there, an employee can suggest a trial period, a hybrid schedule, or another alternative. If the employer refuses to engage, a charge can go to the Philadelphia District Office of the Equal Employment Opportunity Commission (EEOC), the Pennsylvania Human Relations Commission, or the Philadelphia Commission on Human Relations. Our Philadelphia employment lawyers can guide you through the process.
How Philadelphia Employment Lawyers Evaluate a Denied Accommodation
Lawyers start by comparing the employer’s stated reasons with what the job actually requires; a denial looks weaker when co-workers in the same role already work remotely. Evidence like gaps in the interactive process, such as unanswered emails or no alternative offered, also draws attention. Timing plays a role, too, especially if discipline followed soon after the request.
Frequently Asked Questions (FAQs):
Does an employee need a doctor’s note to request remote work?
A request does not have to include medical records, although the employer may ask for reasonable documentation when the disability or need is not obvious.
Can an employer fire someone for asking to work from home?
No. Federal, state, and local laws prohibit retaliation against employees who request a disability accommodation in good faith.
Can an employer approve remote work temporarily and then take it back?
Yes, if the employee’s needs or the job’s demands change, although the employer should revisit the request through the interactive process before ending the arrangement.
Our Experienced Philadelphia Employment Lawyers at The Gold Law Firm P.C. Help Workers With Disabilities Seek the Flexibility They Need to Do Their Jobs
If your work accommodations were unfairly denied, our Philadelphia employment lawyers at The Gold Law Firm P.C. can help. Call 215-569-1999 or complete our online form today for a free consultation. With office locations in Philadelphia and Malvern, Pennsylvania, Pennsauken, New Jersey, and New York, New York, we proudly serve clients in the surrounding areas. *NYC, Pennsauken, and Malvern offices are by appointment only.
