When it comes to disability accommodations, employers must tread carefully. A recent case involving a medical facility highlights how inconsistent remote work policies can quickly lead to an Americans with Disabilities Act (ADA) lawsuit and an outcome that was nearly impossible to defend.

The Case: Remote Work Denied, Then Granted to a Replacement

A salesperson at the facility was diagnosed with breast cancer. While undergoing chemotherapy, she requested to work remotely for three months. Rather than exploring accommodations, the employer denied her request and terminated her employment.

Shortly after, the facility hired a new salesperson who was fully remote from the start.

This contradiction raised a glaring question: if remote work was acceptable for a new hire, why was it not offered as a reasonable accommodation to the existing employee with a disability? The inconsistency made the ADA lawsuit that followed virtually indefensible.

Why This Matters for Employers

The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would create undue hardship. Remote work, especially since the pandemic, has been widely recognized as a potential reasonable accommodation in many roles.

By refusing a remote request from an existing employee but allowing the same arrangement for a replacement, the facility created both legal vulnerability and reputational damage.

Key Lessons for Employers
1. Evaluate Accommodation Requests in Good Faith

When an employee requests remote work or another adjustment due to a medical condition, engage in the interactive process. This means having a documented, two-way conversation to determine what is possible.

2. Consistency Is Critical

If your organization already allows remote or hybrid work for certain positions, you must apply that flexibility consistently when reviewing accommodation requests. Inconsistency is often the tipping point for lawsuits.

3. Document Your Decisions

Keep thorough records of requests, discussions, and decisions related to accommodations. Proper documentation can help demonstrate compliance if your decisions are ever challenged.

4. Train Managers on ADA Requirements

Frontline supervisors often receive accommodation requests first. Make sure they understand ADA basics, the importance of consistency, and when to involve HR or legal.

The Bottom Line

Employers who mishandle disability accommodations risk more than just a lawsuit. They risk losing talented employees and damaging their workplace culture. Remote work may not be appropriate in every role, but employers must evaluate requests fairly and consistently.

By fostering open communication, documenting decisions, and aligning policies with ADA requirements, employers can protect both their workforce and their organization.

✴️Have questions or need help with compliance ? Contact CTR Payroll | HR today!