Key Takeaways:
Generally, yes. Employees who prefer remote work to avoid commuting or gain flexibility usually cannot require an employer to agree, unless an agreement or law provides otherwise. However, a disability-related request is a different matter altogether: under the Americans with Disabilities Act (ADA), covered employers may have to allow an employee to work from home if telework would be a reasonable accommodation that enables them to perform the essential functions of their job without “undue hardship.”
The Equal Employment Opportunity Commission (EEOC) recognizes telework as a possible “accommodation” for disability-related requests, even where remote work is not ordinarily offered.
Through the “interactive process,” the employer and employee discuss which job duties require attendance, what equipment is needed, and whether another accommodation would work. During this process, the employee can relay to the employer how their medical condition affects their ability to work on-site and explain how remote or hybrid work would help.
An employer may seek reasonable medical documentation if the disability or need for accommodation is unclear. It may also offer a different effective accommodation instead of the employee’s first choice. Throughout the whole process, any medical information shared must remain confidential.
In many situations, yes. An employer can change a remote-work arrangement and require employees to come back to the workplace. Even several years of successful work-from-home do not guarantee the arrangement will continue. However, if you request a disability accommodation, you can use your work history to your advantage; for example, evidence that you performed your essential duties remotely may help show that working from home is feasible.
Requesting a disability accommodation is protected activity under the ADA. An employer cannot lawfully retaliate against you for making that request or for opposing unlawful discrimination.
Suppose your employer allowed similarly situated co-workers to work from home but refuses your request after learning of your disability. Or perhaps a supervisor reduced your responsibilities shortly after you sought an accommodation. Neither situation automatically proves a violation.
Save all emails about your accommodation, remote-work policies, performance evaluations, and messages about changes to your job. Do not remove confidential records or access materials without permission. If your employer has threatened to discipline you for your request, consider getting legal advice before resigning.
Companies may use login records, activity-tracking software, messaging systems, and video platforms to supervise employees who work from home. The legality of that activity, however, depends on what they collect, how they obtain it, what lawful notice or consent requires, and which law applies.
For example, New York law requires covered employers that engage in specified electronic monitoring to give written notice to employees upon hiring and post a monitoring notice. Pennsylvania’s Wiretapping Law may also impose restrictions on an employer’s recording or interception of communications.
You might live in New Jersey, work for a Philadelphia employer, and attend occasional meetings in New York. Depending on the facts, each state’s anti-discrimination law (the Pennsylvania Human Relations Act, the New Jersey Law Against Discrimination, or the New York State Human Rights Law) may apply differently to your case. Wage-and-hour and monitoring requirements can differ across states too. Your employer’s address, your work location, and the location of the conduct can also factor into which law applies.
Start with your offer letter, employee handbook, remote-work agreement, and any return-to-office notices. If you need an accommodation because of a disability, submit your request in writing and explain how the proposed arrangement would help you perform your job. Keep correspondence and notes about meetings or threatened discipline, and respond to reasonable information requests. Before refusing a return-to-office order, find out whether doing so could put your employment at risk.
Consider contacting a lawyer if your employer refuses to discuss a disability accommodation, withdraws an existing accommodation without reviewing your needs, discloses confidential medical information, or disciplines you after you report discrimination. You may also want to seek legal advice if you encounter monitoring that appears to give someone else unlawful access to personal communications.
Discrimination filing deadlines can be short. Prompt legal advice can help you preserve evidence and avoid missing one.
Does the ADA give everyone with a disability the right to work remotely?
No. Whether remote work is required depends on the employee’s limitations, essential job duties, available accommodations, and potential undue hardship.
Can I request a hybrid schedule instead of full-time remote work?
Yes. A “hybrid schedule” may be an effective accommodation if it addresses the employee’s limitations while allowing the employee to perform essential duties.
Can my employer monitor my personal computer while I work?
It depends on the monitoring method, your authorization or consent, applicable law, and what information the employer accesses. Using a personal device does not automatically prohibit all monitoring.
Can I be fired for refusing to return to the office?
You may face discipline or termination for violating a lawful attendance policy. However, an employer’s failure to consider a required disability accommodation, or retaliation for requesting one, can raise legal concerns. Get legal advice before deciding how to respond.
Our Philadelphia employment lawyers at The Gold Law Firm P.C. review denied accommodations, retaliation allegations, and workplace privacy disputes. Call 215-569-1999 or complete our online contact form to schedule 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.
