Remote Workforce Accommodations for Employees with Disabilities
Table of contents
- What is a reasonable accommodation?
- What are common types of reasonable accommodations?
- Is remote work considered a reasonable accommodation?
- What types of employers are required to provide reasonable accommodations?
- What are the eligibility criteria for an employee to ask for telework as an accommodation?
- How frequently may someone with a disability work from home as a reasonable accommodation?
- How can my company implement a telework accommodation?
- FAQs
- Conclusion
As remote work became a necessity for many companies during the pandemic, many working Americans realized they were much more comfortable and able to care for themselves at home. The rise of telework options also contributed to remote work diversity by creatingnew opportunities for employees with disabilitiesOpens in a new tab to begin working in ways that may have previously been impossible for them.
Employees with disabilities, physical, cognitive, or neurological, can benefit from remote work as a reasonable accommodation to help them succeed. The U.S. Bureau of Labor Statistics reportedOpens in a new tab in October 2022 that roughly half a million more disabled employees were employed than in September 2021.
Amy Scherer, Senior Staff Attorney for Vocational Rehabilitation with the National Disability Rights Network, says: "The rising employment numbers for people with disabilities is an extremely positive, encouraging sign that will hopefully continue."
Read on to understand how offering telework can be an effective accommodation for your employees with disabilities.
What is a reasonable accommodation?
According to the Americans with Disabilities ActOpens in a new tab (ADA), a reasonable accommodation is "a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process."
Making these changes can empower individuals with disabilities equal opportunities in hiring and empower them to excel in their roles, decreasing signs of ableism in the workplace.
The ADA protects employees in three specific ways. First, it helps ensure equality during the application process. Secondly, it enables them to perform the essential functions of their roles.
Lastly, these accommodations allow employees with disabilities to experience equal benefits and privileges of employment. Within these guidelines, it's easy to understand the concept of telework as a reasonable accommodationOpens in a new tab
What are common types of reasonable accommodations?
Common types of reasonable accommodationOpens in a new tab include:
- Providing interpreters
- Assigning a convenient parking space
- Modifying job duties
- Restructuring work sites
- Providing flexible work schedules
- Adjusting equipment or software
Is remote work considered a reasonable accommodation?
According to the ADA, a reasonable accommodationOpens in a new tab is "any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions."
Although providing telework opportunitiesOpens in a new tab for all employees is not required by the ADA, granting employees remote work opportunities can be a form of reasonable accommodation. Not providing these accommodations can exclude certain people from working at the company, creating barriers to diversity in the organization.
What types of employers are required to provide reasonable accommodations?
The ADA protects employees working in the following organizations:
- Private employers
- State and local governments
- Employment agencies
- Labor organizations
- Labor-management committees
What are the eligibility criteria for an employee to ask for telework as an accommodation?
After an employee submits an accommodation request, they will need to meet with a supervisor or administrator to discuss their eligibility. While there is no exact list of conditions or challenges that qualify an employee for this specific accommodation, the employer and employee should discuss exactly how working remotely will help the employee complete their job duties.
This process may include discussions with managers or HR and may require employees to get doctors' notes explaining their conditions and how remote work will help themOpens in a new tab with their symptoms.
These reasons may include not having to "mask" mental illnesses or neurodivergence around coworkers, not needing to add the stress of commuting onto their body every day, or having easier access to their bathroom, medical supplies, in-home caretakers, or other necessary elements.
How frequently may someone with a disability work from home as a reasonable accommodation?
Again, there are no firm rules provided by the ADA because this is determined on a case-by-case basis. However, employees should be granted the opportunity to work from home whenever their disability necessitates it. That may mean working from home full time, a hybrid situation, or any unique setup that first meets that individual's unique needs.
For example, employees with reproductive disorders or chronic illnesses that only "flare up" at certain times may be able to come into the office most of the time as long as they can work from home when they're in pain. Allowing these employees to work remotely as needed can help them manage their chronic illness on their terms, fostering a sense of empowerment and helping build a strong employer-employee relationship.
Together, the employee and the employer, HR, or management team should create a schedule that works for both parties. The employer also needs to ensure that this employee's work is still completed in a timely manner so that productivity expectations and goals aren't lower for this employee than others in comparable roles.
It's also important to discuss how employees will be managed in a virtual or hybrid environment and how they will access all the tools and resources they need for successfully performing their work.
How can my company implement a telework accommodation?
An organization interested in offering remote work as accommodations to its employees should begin with the following steps:
Assessing employees' needs
To determine what changes you need to make, begin with speaking to your employees so you can better understand their needs and the best ways to accommodate them. By educating employees on the resources and opportunities available to support them, they can suggest the best courses of action to meet their own unique circumstances.
Once that interactive process is complete, HR or your management team can meet with employees to ensure these arrangements will work for everyone involved.
Taking inventory of existing technology and tools
To prepare your employees for remote or hybrid work, you need to ensure that you have the appropriate tools, software, and technology necessary to maintain communication and collaboration between teams.
If those technologies or systems are not already in place, you will need to implement and train your staff to use them in order to facilitate more seamless remote work opportunities without disrupting existing procedures and processes.
These adjustments will ensure that employees' jobs can be done remotely, empowering them with the ability to work from home as needed. They are also usually easy changes for a company to make without significant difficulty or expense.
FAQs
Are anxiety disorders and depression covered by the ADA?
Yes, anxiety and depression, as well as many other psychological disorders and mental illnesses, are covered by the ADAOpens in a new tab. Because these issues can affect communication, sleep, concentration, and self-care, they are considered impairments and protected under this legislation.
Who can employers ask for documentation in order to determine eligibility for a reasonable accommodation?
An employer may ask for medical documentation Opens in a new tab from an employee's physician, mental health professional, social worker, rehab specialist, independent living specialist, or any other disability-related specialist can prove that a telework accommodation is necessary.
Conclusion
Remote work is a great solution to help employees with disabilities complete their job responsibilities effectively. Telework is considered a reasonable accommodation under the ADA, especially since so many people's job responsibilities can be fully performed at home in today's world of work.
Forcing employees to work in the office may create undue hardship for those with physical or mental challenges, and allowing them to work from home can be a great way to accommodate and empower them.
About the author
Anna Picagli
As a CYT500 yoga instructor and a certified reiki practitioner, Anna is an advocate for holistic wellness, especially within the workplace.
She’s extremely passionate about the brain-body connection and exploring how mental and physical wellness intersect.
Anna has experienced firsthand how chronic stress, overworking, poor management, and other organizational issues can lead to extreme burnout. Knowing the impact that a toxic work environment can have on a person’s body, psyche, and general sense of well-being, she now works to direct others away from facing the same fate.
As Workhuman’s Content Marketing Senior Specialist, Anna is a regular contributor to Workhuman iQ reports and aims to create resources that company leaders can reference to help improve their culture and empower their employees, creating healthier workplaces for everyone.
In her free time, she’s a voracious reader and a seasoned home chef. You can learn more about Anna’s work on LinkedIn or through the Yoga Alliance.