Employers who employ more than 15 individuals are legally obligated to provide reasonable accommodations for an employee with a qualifying disability. However, many employers are often left wondering what a “reasonable accommodation” is. According to the EEOC, a reasonable accommodation is “any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process to perform the essential functions of a job or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.”[1] What this looks like will depend on multiple factors, such as the job requirements and the required level of accommodations. An employer is not required to provide a reasonable accommodation if it would cause an undue hardship. An undue hardship occurs when an accommodation is unduly costly, extensive, substantial or disruptive, or would fundamentally alter the operation of the business. Whether or not something amounts to an undue hardship will also depend on multiple factors, such as the accommodation cost, the employer’s size, and the employer’s financial resources.

When we take a closer look at what constitutes a “reasonable accommodation,” we can break them down into categories: (1) modifications or adjustments to a job application process, (2) modifications or adjustments to the work environment, or (3) modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as enjoyed by other similarly situated employees without a disability.[2] No matter what category the accommodation falls under, the modification or adjustment is reasonable if it appears reasonable on its face or is “feasible” or “plausible.” [3]

Given that the above is primarily subjective, providing a few rules highlighting what is not considered a reasonable accommodation may be helpful. First, an employer is not required to eliminate an essential function of the job.[4] An employer is also not required to lower production standards.[5] Additionally, an employer does not need to provide personal use items needed for activities on and off the job, nor any personal use item that is not offered to employees without disabilities.[6]

What is clear from all the definitions above is that the level of reasonableness for every accommodation request will be unique to that circumstance. This is becoming increasingly apparent as employers attempt to navigate an accommodation that has become more popular in the last five years: allowing employees to work from home.

Although increasing in popularity as an accommodation request since 2020, the conversation surrounding work from home as a reasonable accommodation stretches back well before COVID-19 and was addressed as early as 1999 in the Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act.[7] Even over two decades ago, depending on the circumstances, working from home could be considered a reasonable accommodation. If the job cannot be performed from home, then no further analysis needs to be done and it’s not a reasonable accommodation. Still, if the job can be performed at home, an individual’s disability prevents them from performing the job on-site, then it will be viewed as a reasonable accommodation, barring any significant disability or expense. [8] This can be true even if the employer doesn’t currently have a work-from-home program; if no offered alternative is practical, an employer may be required to start a program to accommodate the individual.[9] Since the outbreak of COVID-19, the rate of employers winning in lawsuits where work-from-home requests were denied has decreased by ten percent.[10]

Suppose it’s determined that an employee working from home cannot complete all essential job functions. In that case, a reasonable accommodation may include allowing a hybrid work schedule- or some on-site and some at-home work. What amount of time should be allotted for each will be unique to each circumstance and should be determined by talking with the employee to coordinate their needs with the employers to accomplish their assigned tasks. Ultimately, an employer is only required to allow an employee to work from home to the extent the employee’s disability necessitates it.[11]

Whether it’s a request to work from home or any other requested accommodation, what is considered a “reasonable accommodation” is clearly never cut and dry. It will depend highly on the employee’s disability and what job that individual has been hired to perform. The best way to ensure that the accommodation being provided is reasonable is to use an interactive process between the employee and the employer to ensure that both party’s needs are being met.

[1] https://www.eeoc.gov/publications/ada-your-responsibilities-employer#:~:text=Reasonable%20accommodation%20is%20any%20change,equal%20to%20those%20enjoyed%20by

[2] https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada#intro

[3] US Airways, Inc. v. Barnett, 535 U.S., 122 S. Ct. 1516, 1523 (2002).

[4] If an accommodation requires that an essential function of the job be eliminated, the individual with a disability is not “qualified” under the ADA and reasonable accommodation is not required. See Sec 12111(8) https://www.eeoc.gov/statutes/titles-i-and-v-americans-disabilities-act-1990-ada

[5] Supra at 2.

[6] Id.

[7] https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

[8] https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

[9] Id.

[10] Employers have prevailed in 60% of federal court rulings in the past 2 years as opposed to a 70% win rate pre-pandemic. See https://news.bloomberglaw.com/daily-labor-report/covids-remote-work-experience-is-slowly-changing-disability-law

[11] Id.