Remote and hybrid work have changed how many people do their jobs. If you have a disability, working from home may help you keep working without making your condition worse. But does California law require your employer to allow remote work as a reasonable accommodation?
Working from home is not an automatic right. It may qualify as a reasonable accommodation if you can perform the essential functions of your position and the arrangement would not create an undue hardship for your employer.
What employers consider
Employers must consider accommodation requests from qualified employees with disabilities. Whether remote work is appropriate depends on your job duties and your employer’s business needs. When evaluating your request, your employer may consider factors such as:
- Your ability to perform the essential functions of your position while working remotely
- The effect remote work would have on normal business operations
- The success of remote work in the same or a similar role
- The availability of another accommodation if remote work is not practical
- Your participation in the interactive process with your employer
Your employer should review your request based on your situation instead of relying on a policy that requires everyone to work in the office.
When an employer can deny remote work
Not every request to work remotely will qualify as a reasonable accommodation. Your employer may deny the request if working from home would prevent you from performing the essential functions of your position or create an undue hardship for the business.
A denial does not automatically mean your employer acted unlawfully. Whether the decision complies with the law will depend on the facts surrounding your position and the reasons for denying the request.
When employer response raises concerns
Not every employer handles accommodation requests the way the law requires. Some rely on blanket return-to-office policies instead of reviewing each request based on the employee’s position and circumstances. Others end the discussion before considering whether another accommodation would allow the employee to continue performing the job.
An employer’s response may also raise concerns if the employer refuses to discuss possible accommodations with you or treats you differently after you request one. While these actions do not automatically amount to discrimination, they may signal that your request was not handled appropriately.
What this means for you
A request to work from home will not always result in an approved accommodation. However, the decision itself is only part of the process. How your employer handles the request can be just as important.
A careful review of your request, a willingness to discuss possible accommodations and consistent treatment throughout the process can all reflect whether your employer is meeting its legal obligations. Looking at the full response, not just whether the answer is yes or no, can help you better recognize when an accommodation request may not have been handled appropriately.