Remote Work as a Reasonable Accommodation

The Shift in Perspective

The COVID pandemic fundamentally changed how employers view remote work. What was once considered an exceptional accommodation is now a familiar way of working for many teams.

Under the US Americans with Disabilities Act, the EEOC's guidance is that working from home may be a reasonable accommodation where a disability prevents someone from successfully performing the job on-site and the job, or parts of it, can be done at home without significant difficulty or expense. The employer may choose any effective accommodation, even if it is not the one the employee prefers.

When Remote Work Is Appropriate

Medical Conditions That May Require Remote Work

• Chronic fatigue conditions
• Immune system disorders
• Anxiety and panic disorders
• Mobility impairments with transportation challenges
• Chronic pain conditions
• Environmental sensitivities

Implementation Framework

1. Assessment Phase

• Review essential job functions
• Identify which tasks can be performed remotely
• Determine technology requirements
• Establish communication protocols

2. Trial Period

Consider a trial period to:

• Test the arrangement
• Identify challenges
• Make adjustments
• Document outcomes

3. Technology Setup

Essential tools:

• Reliable internet connection
• Video conferencing software
• Collaboration platforms
• Accessible communication tools

Best Practices

For Employers

1. Focus on outcomes, not presence
2. Provide necessary equipment
3. Maintain regular communication
4. Include remote workers in team activities
5. Offer flexibility within structure

For Employees

1. Establish a dedicated workspace
2. Maintain regular hours when possible
3. Communicate proactively
4. Document your productivity

Hybrid Arrangements