A recent federal ruling clarified that denying a request for full-time remote work as a disability accommodation does not, by itself, constitute discrimination under the Americans with Disabilities Act (ADA) or the Rehabilitation Act.

Key Takeaways for Employers

• Interactive Process: Employers must engage in a documented, good-faith interactive process and consider reasonable alternative accommodations when evaluating remote-work requests.
• Essential Functions: Employers may require in-person attendance where it is essential to job performance, even in a post-pandemic workplace.
• Retaliation Risk: Even where denying remote work is lawful, retaliation claims may still arise based on the timing or circumstances of the denial.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Eric I. Emanuelson, Jr., discusses what the ruling means for employers navigating remote work requests and disability accommodations.

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