The increasing enforcement of return-to-office (RTO) policies is creating challenging work environments for many, particularly employees managing mental health conditions. Thankfully, the Americans with Disabilities Act (ADA) provides protections and avenues to request reasonable accommodations—including remote work—to ensure you can perform your job effectively.
Here's your guide to how ADA accommodations for remote employees work.
Understanding the ADA and mental health accommodations
The ADA doesn't list specific conditions but defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Mental health conditions like anxiety, depression, Post-Traumatic Stress Disorder (PTSD), and others often qualify, as they can impact activities such as concentrating, thinking, or interacting with others.
“The law outlines the rights of employees and is focused on covering any condition that meets a certain standard that qualifies it as a disability,” says Thomas Ricotta of Ricotta & Marks, P.C., a NYC employment law firm. “One of the primary factors considered under the ADA is whether the condition impacts a major life activity.”
Employers are required to provide reasonable accommodations unless doing so would cause undue hardship. This means if your mental health condition affects your ability to work in an office setting, you can request accommodations like remote work, flexible scheduling, or modified duties.
Read this next: What to Do When Mental Health Affects Your Work
ADA accommodations for remote employees
The employment lawyer affirms that remote work can be a reasonable accommodation under the ADA if it enables you to perform the essential functions of your job without causing undue hardship to your employer.
But how does that work in practice? Generally, the law requires an employer to provide reasonable accommodation.
“That does not mean that an employee is entitled to a specific accommodation or the one they want,” Ricotta says. “But an employee should be provided an accommodation if it one— affords them the ability to perform the essential functions of their job; and two— does not pose an undue hardship for an employer,” whether financial or logistical.
It's important to note that employers aren't obligated to provide the exact accommodation you request, though the arrangement does need to be mutually agreed upon. “The ADA obligates the employer to engage with the employee to try to find an accommodation that works for both sides—they cannot just decline an accommodation and refuse to engage,” Ricotta says. That, in and of itself, can be a violation of the ADA.
How to ask for remote work accommodations under the ADA
If you're considering requesting remote work due to a mental health condition, approach the process thoughtfully and proactively. Follow this step-by-step guide to help you initiate the conversation with your employer.
1. Consult your healthcare provider
Before making a request, discuss your work-related challenges with a medical professional. They can provide documentation supporting your need for accommodations.
2. Prepare your request
While you don't have to mention the ADA explicitly, it's helpful to frame your request in terms of needing accommodations for a medical condition. Be specific about how remote work will help you perform your job duties effectively.
3. Submit your request in writing
Sending an email or letter to your HR department or supervisor ensures there's a record of your request.
Here's an “asking for remote work” email sample:
Subject: Request for Remote Work Accommodation
Dear [Manager's Name],
I hope this message finds you well. I am writing to request a reasonable accommodation under the ADA. Due to a medical condition, I experience challenges that affect my ability to work in the office environment. My healthcare provider has recommended a remote work arrangement to help manage these challenges.
I believe that working remotely will enable me to perform my essential job functions effectively. I am committed to maintaining productivity and meeting all job expectations.
I would appreciate the opportunity to discuss this request further and explore possible accommodations.
Thank you for your understanding and support.
Sincerely,
[Your Name]
Engage in the interactive process
Be prepared to discuss your request with your employer. They may propose alternative accommodations or request additional information.
“Ultimately, the analysis is going to be whether the accommodation will allow the employee to perform the essential functions of their job without creating an undue hardship for the employer,” Ricotta says. “If there are aspects of a job that one simply will not be able to perform remotely, remote work may not be deemed a reasonable accommodation.”
The goal is to find a solution that allows you to work effectively while meeting the company's operational needs.
When to seek legal advice
If your employer denies your request without engaging in the interactive process or if you face discrimination due to your accommodation request, it may be time to consult with an employment attorney. They can help you understand your rights and determine the best course of action.
Understanding your rights is the first step toward creating a work environment that supports your mental health. Remember, requesting accommodations is not a sign of weakness—it's a proactive step toward maintaining your well-being and productivity.
Read this next: Mental Health at Work: How to Have an Honest Talk with Your Boss