I am frequently asked by clients about trends I see in my day-to-day practice. In recent years, I have answered those questions by pointing out the dramatic increase I have seen in employees requesting remote work as an accommodation under the Americans with Disabilities Act. Few weeks go by where I do not receive a call from a client seeking guidance in responding to these requests.

In most situations, the remote work request is based on a mental health condition, such as depression, anxiety, and/or PTSD. The employee provides a note from a healthcare provider stating that commuting and working in an office environment exacerbates the condition’s symptoms, and recommends that the employee work from home for an extended or indefinite period. Sometimes the request is for a hybrid working relationship, but usually the employee seeks fully remote work.

Employers are often conflicted when responding to these requests. While most companies want to help employees with medical conditions, many jobs are not amenable to fully remote work. Employers face difficulties with supervising remote employees, and believe that in-person collaboration and teamwork are essential to innovation and productivity. In some cases, employees who originally requested remote work for non-medical reasons such as childcare issues or lifestyle preferences provide a doctor’s note after the original request was denied, raising suspicions over the legitimacy of the medical need for the accommodation.

Employers faced with remote work accommodation requests should never reject them out of hand. Both the EEOC and federal courts have recognized that in appropriate circumstances, remote work can be an ADA reasonable accommodation. However, as with any accommodation request, the employer should balance the proposal with its business needs. The first step in this process is to request detailed medical information from the employee’s healthcare provider, including the diagnosis, prognosis (meaning how long the accommodation will be needed), and whether there are alternatives that meet the employee’s medical needs such as a hybrid schedule.

The employer can also request a second medical opinion when it suspect that the accommodation request is driven by non-medical motivations. In the past, it may have been difficult to obtain a second opinion, but in recent years new vendors have begun to offer these services to employers. The company should also carefully review the employee’s duties to determine if they can effectively be performed on a remote basis. Does the existing job description require in-person work? Will remote work place an unreasonable burden on co-workers? If the employer relies on intangible factors such as teamwork to justify an in-person requirement, how can this be explained and measured?

In recent years, many federal courts appear to have recognized that in-person work is an essential element for most jobs. The final conclusion to approve or deny the remote work request should be fully documented and follow interactive discussions with the employee to explore how the arrangement will work, and whether any alternatives meet the needs of both parties. While employers should not categorically deny remote work accommodations, they are not legally required to simply approve every request that is accompanied by a doctor’s note. A reasoned, individualized analysis of these requests provides the best way for companies to make appropriate decisions while reducing exposure to legal risks.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.