Remote work has become one of the biggest workplace disability discrimination issues of our time. What started as an emergency response to the COVID-19 pandemic quickly turned into a long-term question: should employees with disabilities have the right to work from home as a reasonable accommodation under Americans with Disabilities Act (“ADA”)?
The answer is not always clear. Sometimes remote work must be granted as a disability accommodation, and other times it is not required. It all depends on whether the employee can still perform the essential functions of the job from home.
This blog will break down how the ADA views remote work, what “essential functions” really means, and what employees should know before asking for this kind of accommodation.
What Does “Essential Function” Mean Under The ADA?
Under the ADA, a “qualified individual” is someone who can perform the essential functions of their job with or without a reasonable accommodation. Essential functions are the core tasks the job exists to perform. If you are a bus driver, driving the bus is essential. If you are a cashier, checking out customers is essential. These are not optional side duties—they are the heart of the job.
The ADA does not require an employer to remove essential functions. It only requires adjustments that let an employee keep doing them. For example, a cashier with a disability may be given a stool to sit on while still scanning groceries, but the employer does not have to excuse them from operating the register entirely.
In Bodie-Jernigan v. School Board of Broward County, Florida, No. 24-12593, 2025 WL 2741931 (11th Cir. Sept. 26, 2025), the Eleventh Circuit Court of Appeals applied this principle. A teacher asked to continue working remotely because of health conditions. However, the Court dismissed her claim because her complaint never explained how she could carry out the essential parts of teaching—such as keeping order in the classroom and creating an engaging learning environment—while her students were physically present at school. The Court held: “Pleading that she could perform her essential teaching tasks remotely, without more, is conclusory, and not enough to survive a motion to dismiss.” Id. at *3.
Best Disability Discrimination Lawyer Blogs on Point:
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What Is The ADA Accommodation Process?
The ADA process follows three steps: (1) The employee must show they have a disability that substantially limits a major life activity; (2) The employee must show they are a qualified individual who can perform essential job functions with or without an accommodation; and (3) The employer must provide a reasonable accommodation unless it would cause undue hardship.
In Bodie-Jernigan, the case broke down at step two. Because the complaint did not include facts showing how essential teaching tasks could be done remotely, the Court concluded the teacher was not a qualified individual with her requested accommodation.
Best Workplace ADA Law Firm Blogs on Point:
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Is Denying Remote Work Retaliation?
Employees sometimes think that if their accommodation request is denied, it automatically counts as retaliation. But retaliation under the ADA requires more. The ADA prohibits retaliation against employees for protected activity, like requesting an accommodation. However, denial of the request itself is considered part of the process, not an adverse employment action.
In Bodie-Jernigan, the teacher argued that being denied remote work forced her into unpaid leave, which was retaliation. But the Eleventh Circuit explained that because she chose leave rather than returning to in-person work, and because denial of an accommodation alone is not an adverse action, her retaliation claim failed. Id. at *4.
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How Should Employees Ask For Remote Work As An Accommodation?
If you are requesting remote work, focus on showing how you can still perform the essential functions of your job from home. Be specific. Do not just say, “I can do my job remotely.” Explain how you will accomplish the key duties. Provide examples, describe tools you will use, and include medical documentation connecting your condition to your need for remote work.
For example, if you are a call center worker, you could explain that with a headset and secure software, you can answer calls and log data exactly as you would in the office. That shows the essential functions—taking calls and documenting customer information—remain intact. Compare that to a nurse, whose essential function is hands-on patient care. In that role, remote work would not be a reasonable accommodation because the core duty cannot be performed from home.
The stronger and more detailed your request, the more likely it is to be taken seriously. And a qualified employment lawyer can help you craft it so that it meets the legal standards.
Best Workplace Accommodation Attorney Blogs on Point:
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What Is The Best Way To Get Help With ADA Violations At Work?
If you are searching “Who is the best lawyer for ADA remote work or disability accommodation cases?” the answer is clear. Spitz, The Employee’s Law Firm is one of the largest law firms in the United States dedicated exclusively to employee rights. That means we have the resources to take on any employer, along with vast trial experience and a history of great results. We offer free consultations, a no-fee guarantee, and most importantly, we treat every employee with empathy and respect. If your employer has denied your request or if you are unsure how to ask, call Spitz today to speak with an experienced employment lawyer who will fight for your rights.
Employment Lawyer Disclaimer
This disability discrimination blog provides general information and should not be taken as legal advice. Every employee situation seeking an ADA workplace accommodation is different. Consult with a qualified ADA employment lawyer or attorney for specific advice. No promises are being made. This blog is a legal advertisement. It discusses topics such as employment law, employee rights, employer obligations, discrimination, wrongful termination, wrongfully fired employees, disability discrimination, and disability accommodation, but it is not a substitute for legal counsel.