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If you assume that you automatically have the right to continue working from home if you previously have been working remotely, you have assumed wrong. In this article, we address whether and when employees have the right to work remotely.
At Gardner Employment Law, we can help you understand what your rights in the workplace. Read on to learn about the law governing remote work.
Do you have the right to work remotely?
No, employees cannot decide to work remotely. As a general rule in Texas, your employer maintains full control over how it will run its business and how the operations will be performed. Texas courts have ruled that the employer determines where the employee will perform the work, the schedule for work, the amount of time spent on particular aspects of work, the tools and appliances used to perform the work, and the method or manner of accomplishing the end result.
Obviously, an employer can end a remote work arrangement. But there are exceptions to the general rule.
The primary exception to this general rule can be found in the ADA (“Americans with Disabilities Act”), as we discuss next.
Does the ADA Require Employers To Allow Remote Work?
The ADA sometimes requires employers to allow remote work as a reasonable accommodation. This depends on the circumstances.
The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to qualified employees with disabilities unless the accommodation creates an undue hardship to the business or a danger to the employee and others.
Remote work may qualify as a reasonable accommodation when an employee can successfully perform the essential job duties from home. However, some jobs require employees to work onsite, usually by the nature of the duties required.
Employers often consider factors such as:
- Face-to-face interaction requirements
- Access to equipment or secure systems
- Team collaboration needs
- Supervision requirements
- Customer or client interaction
- Essential in-person job duties
A recent Fourth Circuit case involved an accounting assistant who developed aggressive breast cancer during the COVID-19 pandemic. Her employer allowed her to work fully remotely for an extended period because business operations had slowed and coworkers could temporarily handle her onsite responsibilities.
As business increased, the employer determined that certain accounting duties required physical attendance in the office. The company offered the employee a hybrid arrangement that required limited onsite work each week.
The employee initially agreed to return under the hybrid schedule but repeatedly failed to report onsite. According to the court, she also stopped communicating consistently with her employer about her absences. The company later terminated her employment for job abandonment.
The Fourth Circuit sided with the employer and ruled that the ADA did not require permanent remote work under those circumstances.
Employees cannot rely on personal preference alone to obtain legal protection under the ADA. Under the ADA, the primary question is – what are the essential functions of the job? If some of those functions can be performed only on site, working fully remotely would not be feasible.
How Should Employees with a Disability Request Workly Remotely ?
Employees should first think about what the job duties require and ask themselves: “Can I perform all duties from home?” Second, the ADA mandates an interactive process between the employee and employer. You must pose your request and discuss the pros and cons with your supervisor.
Here are steps to consider in your analysis:
|
Step |
Why It Matters |
| Review job duties | Identifies essential functions |
| Obtain medical documentation | Supports accommodation requests |
| Document prior remote success | Strengthens the request |
| Participate in the interactive process | Shows cooperation under the ADA |
| Consider alternative accommodations | Demonstrates flexibility |
Employees should also remain professional throughout the process. Emotional confrontations, refusal to communicate, or failure to cooperate will weaken your position and may set you up for possible termination. You must cooperate.
Strong accommodation requests focus on practical solutions instead of demands.
Bottom Line
Remote work may qualify as a reasonable accommodation under the ADA, but employers do not always have to allow employees to work entirely from home.
Courts evaluate these disputes case by case by examining essential job duties, operational needs, and the conduct of both sides during the accommodation process.
An employment attorney can assist in analyzing your situation. We’re here to help.