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Yes, an employer may deny remote work as a reasonable accommodation, but not simply because it prefers employees to work in the office. If you have a qualifying disability, your employer generally must evaluate whether working remotely would allow you to perform the essential functions of your job and participate in an interactive process before denying your request. Whether a denial is lawful depends on the specific facts, not a blanket company policy.
When Is Remote Work a Reasonable Accommodation?
A reasonable accommodation is a workplace adjustment that enables a qualified employee with a disability to perform the essential functions of a job. In some positions, working remotely may be an effective accommodation because the employee can perform the same duties from home with little or no disruption to the employer’s operations.
Whether remote work is reasonable depends on the position itself. Some jobs require employees to be physically present to interact with customers, operate specialized equipment, or perform hands-on tasks. Others can be performed successfully from virtually anywhere using technology.
Employees in New York may have rights under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law. New York City law often provides broader protections than federal law, making it important to evaluate accommodation requests under all applicable laws.
Why Do Employers Deny Remote Work Requests?
Employers deny remote work requests for many reasons. Some are legally justified, while others may not be. Common reasons employers cite include:
- The job requires in-person attendance.
- Employees need access to equipment or confidential materials.
- Face-to-face collaboration is considered an essential job function.
- Remote work would create operational or staffing difficulties.
- Another accommodation would be equally effective.
However, simply preferring employees to work in the office does not automatically justify denying a disability accommodation request.
When Can an Employer Legally Say No?
An employer is not required to approve every accommodation an employee requests. Instead, the law generally requires the employer to consider whether the requested accommodation is reasonable and whether it would allow the employee to perform the essential functions of the position without creating an undue hardship.
An employer may lawfully deny remote work if, for example, physical presence is genuinely necessary to perform the job or if allowing remote work would significantly disrupt business operations. The employer may also propose a different accommodation if it effectively addresses the employee’s limitations.
The law requires a reasonable accommodation, not necessarily the employee’s preferred accommodation.
When Could a Remote Work Denial Be Illegal?
A denial may violate disability discrimination laws if an employer refuses to evaluate the request fairly or fails to participate in the interactive process.
Potential warning signs include:
- Automatically rejecting all remote work requests.
- Refusing to discuss possible accommodations.
- Ignoring medical documentation.
- Denying the request without evaluating the employee’s job duties.
- Retaliating against an employee for requesting an accommodation.
Each situation depends on its specific facts, but employers generally should conduct an individualized assessment rather than rely on assumptions or blanket policies.
Can a Return-to-Office Policy Override a Disability Accommodation?
Not necessarily. Many employers have adopted return-to-office policies, but those policies do not eliminate an employer’s obligation to consider reasonable accommodation requests. An employee with a qualifying disability may still request remote work even if the employer has ended its general work-from-home program.
The employer should evaluate whether remote work is reasonable for that employee’s position rather than simply pointing to a company-wide return-to-office requirement. If remote work is not feasible, the employer should continue the interactive process to determine whether another accommodation would allow the employee to perform the essential functions of the job.
What Should You Do if Your Request Is Denied?
If your employer denies your request, ask for the reason in writing whenever possible and keep copies of all communications related to your accommodation request.
Helpful documentation may include:
- Your accommodation request
- Medical documentation supporting the request
- Emails with HR or supervisors
- Written denial of remote work
- Prior approvals to work remotely
- Performance reviews demonstrating successful remote work, if applicable
These records may help determine whether the employer properly evaluated your request or whether disability discrimination or retaliation occurred.
Protect Your Right to a Fair Accommodation Process
A request to work remotely should receive an individualized evaluation, not an automatic rejection. While employers are not required to approve every request, they generally must engage in the interactive process and consider whether remote work or another accommodation would allow a qualified employee to perform the job.
If your employer denied your request to work remotely as a disability accommodation or refused to engage in the interactive process, turn to Lipsky Lowe. We can review your situation, explain your rights under New York and federal law, and discuss your legal options. Schedule a consultation today.