As some federal agencies move to restrict remote work, recent developments have reignited discussion around its role as a disability accommodation. While federal policy shifts may change internal agency practices, they do not alter employers’ legal obligations under the Americans with Disabilities Act (ADA) or comparable state laws. Employers must continue to evaluate remote work requests individually and engage in a documented, good-faith interactive process.
The Equal Employment Opportunity Commission (EEOC) has long recognized that remote work may be a reasonable accommodation, reaffirming that position as recently as May 2023. Even if a company does not offer remote work to other employees, it must still consider it as an accommodation for a qualified individual with a disability. Blanket denials or rigid return-to-office policies are inconsistent with EEOC guidance and federal regulations.
This legal standard has become especially important as ADA accommodation requests have surged since 2020, driven by greater awareness of mental health, neurodivergence, and cognitive conditions such as anxiety, PTSD, autism, and ADHD.
Remote work has significantly improved access for individuals with disabilities, leading to significant growth. According to Rutgers University’s Program for Disability Research, employment among people with disabilities rose 33% between 2020 and 2023, outpacing growth for those without disabilities. These gains are largely attributed to the expansion of remote work, which helped remove longstanding physical and environmental barriers.
While a January 2025 memo from the U.S. Office of Personnel Management directed federal agencies to limit remote work, these actions do not alter employer obligations under the ADA. Employers should avoid interpreting public sector trends as legal cover for denying accommodation requests.
Bottom line, remote work must remain on the table as a potential accommodation. Employers should engage in a good-faith interactive process and evaluate whether the employee can perform essential job functions remotely without undue hardship.
K|W|W will continue to monitor how federal workplace changes are impacting various laws. However, should you have any questions about ADA trends do not hesitate to contact any K|W|W attorney for assistance. At K|W|W, your workforce is our priority.