Remote Work as ADA Accommodation: What Employers Need to Know for 2026
Federal courts are increasingly viewing remote work as a viable accommodation under the Americans with Disabilities Act (ADA), signaling a shift away from rigid in-office requirements. Recent rulings demonstrate that judges are less inclined to defer to blanket return-to-office policies and are instead focusing on whether physical presence is truly essential for a particular role.
Employers who rely on categorical “in-office” rules without considering the specific circumstances of an employee’s disability are finding themselves vulnerable to litigation. Judges are asking whether the essential functions of the job can be performed remotely, and if so, denying telework requests without proper analysis is increasingly viewed as a violation of ADA obligations.
Disability-related requests for remote work now span a wide range of conditions, including mobility limitations, mental health disorders, immunocompromised status, and other medical needs. While certain roles, such as those in healthcare or positions requiring direct physical interaction, may still justify in-person requirements, desk-based jobs generally do not meet that threshold without a compelling, job-specific rationale.
Employers should also note that consistency matters when enforcing attendance. Policies that attempt to make physical presence “per se essential” without supporting evidence are increasingly rejected by judges. Reasons such as promoting collaboration or maintaining workplace culture, while valuable, are not considered sufficient to override an employee’s need for accommodation.
The ADA does not require granting every preferred accommodation, but it does mandate a good-faith, individualized process. Employers who respond to telework requests with a flat denial, rather than exploring alternatives, risk unnecessary disputes and reputational harm. Courts are signaling that remote work is no longer an extraordinary measure, it is part of the modern accommodation landscape.
Employers Next Steps:
- Review and update accommodation policies to ensure they reflect an individualized approach.
- Train managers on ADA requirements and the evolving legal view of remote work.
- Document essential job functions and the specific reasons why physical presence may be necessary for certain roles.
- Consider alternative accommodations before rejecting telework outright.
The bottom line is that employers who fail to adapt to this legal trend may face litigation and damage to workplace culture.
As always, if you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at (818) 508-3700 or visit us online at www.brgslaw.com .
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