Remote work became widespread during the pandemic, but for many employees with disabilities, it’s not just a convenience—it’s a necessity. If you have a disability that limits your ability to work onsite, federal, state, and New York City laws may give you the right to request a reasonable accommodation. That can include working from home, either full-time or part-time.
Employers can’t simply say no without considering your request. If remote work would help you perform your job and doesn’t cause an undue burden on the company, they’re required to consider it. You have the right to ask—and the right to a fair process. That’s where Lipsky Lowe, LLP comes in.
Our NYC disability discrimination attorneys have the skills and experience to protect your rights to an accommodation to fulfill your job duties. Contact us today to learn how we can help.
When Is Remote Work a Reasonable Accommodation?
Under the Americans with Disabilities Act (ADA) and New York Human Rights Law, employers with at least a certain number of employees are required to provide “reasonable accommodations” to qualified workers with disabilities. A reasonable accommodation is any change to the job or workplace that allows you to do your work, so long as it doesn’t impose a significant hardship on the employer.
Remote work can qualify as an accommodation if your disability prevents you from safely or effectively performing your job in person. The Equal Employment Opportunity Commission (EEOC) has made clear that telework can be a reasonable request. Employers must evaluate your situation based on the facts, not on assumptions about productivity or job culture.
In some cases, an employer may have allowed others to work from home, which strengthens your case. What matters is whether the job can be done remotely and whether the employer can reasonably support that arrangement.
What Employers Are Required to Do
Once you request an accommodation, your employer must engage in what’s known as the interactive process. That means having a conversation with you, reviewing the details of your job, and considering possible solutions. They can ask for supporting medical documentation, but they can’t just ignore or deny your request without explanation.
Several factors determine whether working from home is reasonable:
- Can the essential functions of your job be performed remotely?
- Has the employer allowed other employees to work from home in similar roles?
- Are the necessary tools and systems already in place to enable telework?
If your job truly requires you to be on-site—for example, if it involves hands-on equipment or direct supervision of others—then remote work might not be appropriate. But if your role is mainly computer-based or communication-driven, it’s harder for employers to argue that telework is unreasonable.
How to Ask for a Remote Work Accommodation
To make a request, start by notifying your employer in writing. You don’t need to use any unique legal language. Just say that you have a disability, explain how it affects your ability to work onsite, and suggest remote work as a potential solution.
Your employer may ask for a note from your doctor outlining how your condition limits your job performance in the workplace. You don’t have to share your entire medical history—just enough to support your request. The clearer and more cooperative you are, the stronger your position will be.
What If They Say No?
If your employer denies your request without a discussion, or worse, retaliates against you for asking, they may be breaking the law. Refusing to engage in the interactive process is itself a violation in many cases. So is making up excuses, issuing sudden write-ups, or pushing you out after you disclose a disability.
You don’t have to accept a flat “no” as the final answer. You have the right to speak up, ask questions, and get legal advice. Courts have sided with employees in many cases where remote work was unreasonably denied.
How Lipsky Lowe Can Help
At Lipsky Lowe, we represent workers throughout New York City and beyond who are being denied reasonable accommodations, including the ability to work from home. We understand the physical, emotional, and financial toll that comes from being pushed out of a job or forced to choose between your health and your paycheck. That’s why we take your rights seriously and fight to hold employers accountable when they fail to follow the law.
Our team can review your situation, explain your legal options, and communicate with your employer on your behalf. If necessary, we’re prepared to take your case to court. You don’t have to face this alone. If your request to work remotely is being unfairly denied, let us step in to help. We’ll help you take action, protect your job, and secure the accommodations you deserve.
Contact Lipsky Lowe LLP today to schedule a confidential consultation.