This week, we examine a decision from the U.S. District Court for the Southern District of New York addressing remote work requests and disability accommodations.

Remote Work and Disability Discrimination: What Employers Need to Know

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.

Podcast: Amazon Music, Apple Podcasts, Audible, Deezer, Goodpods, iHeartRadio, Overcast, Pandora, Player FM, Pocket Casts, Spotify, YouTube Music.

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Your Workforce. Our Business.® 
As a trusted leader in U.S. employment law, Epstein Becker Green supports employers from a variety of industries in mitigating risks, safeguarding reputations, and enhancing bottom lines. Learn more about our employment, labor, and workforce management services.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

Trouble viewing the video? Please contact thisweek@ebglaw.com and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

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