California’s disability regulations specifically list “permitting an employee to work from home” as a type of reasonable accommodation.1

On the federal level, while ADA regulations don't specifically mention remote work as a reasonable accommodation like California law, the EEOC has long taken the position that remote work can be a reasonable accommodation for individuals with a disability who can perform their essential job functions remotely.2

When receiving an employee's request to work from home as an accommodation for a disability, employers should consider it along with other potential accommodations within the context of the interactive process. Whether any accommodation is reasonable is fact-specific and unique to the circumstances of the position, the employee and the business, but employers can begin to consider a remote work request with the following questions:

• Can the employee perform the essential functions of their job remotely?
• What kinds of operational difficulties are created by employees working remotely?
• Are there other reasonable accommodations available that would be effective?
• How have similar requests been handled? Was remote work granted for those employees?

Employers should remember that they don't necessarily have to choose the employee-preferred accommodation. If another reasonable accommodation would be effective and would allow the employee to perform the essential functions of their job, the employer can choose the alternative accommodation.

Employers who deny a remote work request should be prepared to explain why remote work isn't optimal - whether it was for technological reasons, performance reasons, decreased productivity, etc. Employers who grant remote work as an accommodation should continue to check in with the employee to see how the accommodation is working. If an adjustment to the accommodation is required and reasonable, implement the revised accommodation with help from HR or legal counsel, and document the revised accommodation.

If the request to work from home is granted as a reasonable accommodation for a disability, you probably have the same obligation to make reasonable accommodations for the employee's home office as you would for the employee's on-site office. For example, you may also be expected to equip the home office with an ergonomic chair, desk and computer with special data entry devices and Internet connectivity. Additionally, under Labor Code section 2802, you are required to reimburse an employee for work related expenses the employee might incur. For more information, see Expense Reimbursement.

1. 2 CCR sec. 11065(p)(2)