Securing Remote Work: A Guide for Individuals with Disabilities

Navigating Accessibility and Inclusion in the Remote Work Era

As someone navigating the complexities of securing reasonable accommodations for remote work due to a disability, I understand the challenges and uncertainties that can arise throughout the process. Here, I share my insights and experiences to help others who may find themselves in a similar situation.

Working from home as an accommodation has been around long before the pandemic. It was 25 years ago in 1999, when the Equal Employment Opportunity Commission (EEOC) determined that under the Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (revised 10/17/02), “allowing an individual with a disability to work at home may be a form of reasonable accommodation.”

The Americans with Disabilities Act (ADA) requires any company that employs 15 or more employees to provide reasonable accommodation for qualified applicants and employees with disabilities. So, what defines a reasonable accommodation?

A reasonable accommodation is “any change in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform a job, or gain equal access to the benefits and privileges of a job.” (ADA, Rehabilitation Act, 29 CFR Part 1630).

Please note that the ADA does not require an employer to provide specific accommodations if they cause undue hardship, such as significant difficulty or expenses. So, for example, if you worked in a warehouse lifting products, remote accommodation would most likely not be possible.

1. Understanding the Process

The journey towards securing a remote work accommodation due to a disability begins with understanding the necessary steps and documentation. Start by obtaining the proper documents from your Human Resources (HR) department to complete with your healthcare provider.

When completing the documentation, describe the nature of your disability and how it impacts your ability to work in a traditional office setting. You should clearly articulate the need for remote work and how it will improve your ability to perform your job duties.

Provide HR with any useful documentation from your healthcare provider that supports your disability, and be prepared to discuss the specifics of your situation. Remember that transparency and clear communication are key throughout this process.

2. Advocate for Yourself

During your initial meeting with the Reasonable Accommodation Coordinator, be prepared to advocate for yourself and your needs. Clearly explain why remote work is necessary to perform your duties effectively. Provide insights into how remote work will enable you to manage your disability while maintaining your productivity and meeting your position objectives.

If you require your accommodation to be a permanent arrangement, explain why this is necessary for your situation. If your needs are only needed temporarily, share that time frame with the RA Coordinator and what steps you are taking with your medical team to achieve that goal.

3. The Final Decision

During the follow-up meeting with the RA Coordinator, they will present their recommendations to you and your supervisor. Ultimately, the supervisor decides and will determine if the accommodation will cause any “undue hardship” for the company.

While the RA Coordinator cannot disclose the specifics of your medical condition with your manager due to privacy regulations, you are free to disclose as much as you deem necessary with your supervisor to help them better understand your situation.

You are not required to do so by any means but keep in mind that the more information you share, the better your supervisor can understand why this accommodation is necessary for you.

Key Message: Securing remote work accommodations in the private sector requires most of all, effective communication. By understanding the necessary steps, engaging proactively with HR and your supervisor, and advocating for oneself, you can better navigate this process confidently and clearly. I wish you the best of luck!