Yes, employers may reevaluate remote work accommodations
During the COVID-19 pandemic, employers sent many employees home to work. This strategy was effective for several years. As the disease risks faded, though, employers began requiring employees to return to the physical workplace. As a result, employees began — and continue — to ask to work from home as an accommodation under the federal Americans with Disabilities Act (ADA). Employers might wonder if they must keep providing such accommodations.
Not necessarily, but employers must tread carefully.
Reassess the need for accommodation
After employers grant an accommodation, they may assess whether there continues to be a need for the accommodation based on individualized circumstances, including whether alternative accommodations might meet the employee’s needs.
Employers have the discretion to choose between effective accommodations. This means employees aren’t necessarily entitled to their preferred accommodation forever. Employers may, therefore, reevaluate a previously granted remote work accommodation and replace it with an effective, reasonable one. When there are several reasonable and effective options, employers may choose an accommodation other than remote work.
Don’t hide under a blanket
Employers shouldn’t take a blanket approach to rescind and deny all remote work accommodations. In some cases, employees will continue to need remote work as an accommodation. Employers need to look at each situation individually, based on its own merits.
When to reassess the type of accommodation
Employers should occasionally reevaluate accommodations in response to changes, such as changes to:
- An employee’s condition,
- Job requirements,
- Operational needs, and
- A related law.
Employers might also, for example, find it helpful to reevaluate a remote work accommodation once a year to confirm the accommodation remains effective and manageable.
After reassessment
If supported by an individualized assessment, employers may allow the employee to continue to work remotely if doing so is necessary to ensure continued compliance with the ADA.
If, however, reevaluation and individualized assessment demonstrate that an employee no longer needs remote work as an accommodation, employers may replace it with a reasonable and effective in-office option (or combination of options). This can include, but isn’t limited to, assistive devices, modified equipment, environmental modifications (sound, smell, light, etc.), job restructuring, modified or flexible work scheduling, etc. It can also include reducing remote work, combined with in-office accommodations, provided the result is still reasonable and effective.
Key to remember: Employers may review whether employees continue to need remote work accommodations. Employers may rescind remote work accommodations if they no longer suit employee or company needs, but they might have to provide an alternative solution.




































