Understanding Your Rights and Responsibilities Under the ADA and NYSHRL

With the return of mandatory in-office days in New York and around the country, employers are seeing more requests for remote work as an accommodation. Although such requests are common, not every request must be granted. However, since denying accommodation requests creates legal risks for employers, it is important to understand what constitutes reasonable accommodations under the New York State Human Rights Law (“NYSHRL”) and the Americans with Disabilities Act (“ADA”). The NYSHRL governs workplace disability accommodations in New York.

This remote work compliance guide breaks down essential employer obligations for remote work under the ADA and NYSHRL. By providing reasonable accommodation request examples, employees and employers will better understand the NYSHRL and ADA reasonable accommodation remote work standard.

Employer Responsibilities Under the ADA and NYSHRL:

1. Employers Must Engage in the Interactive Process to Discuss Accommodation Requests

Employers are not required to grant every accommodation request, but they must engage in the “interactive process” as defined by New York State and local laws through meaningful dialogue about the employee’s needs and potential solutions. Employers must consider alternative accommodations that would be effective. For example, if an employee requests full-time remote work, an employer may offer a hybrid schedule or flexible hours instead to satisfy reasonable accommodations under NYSHRL. The ADA also requires an interactive process to discuss remote work accommodation requests.

2. Employers are not automatically required to Grant Remote Work Accommodation Requests; a Fact-Specific Analysis is Required

If the employee cannot perform the essential functions of their job remotely, the accommodation need not be granted. However, employment counsel should be consulted prior to denying an accommodation which is reasonable. Every accommodation request requires individual evaluation. As courts have recognized, determining essential functions requires a “fact-specific inquiry” into “both the employer’s description of a job and how the job is actually performed in practice.” Factors to consider include:

• Job duties: Can core responsibilities be performed remotely?

• • Desk-based roles: An employee working a desk job who has mobility limitations and anxiety may be entitled to remote work accommodations, especially if their core responsibilities can be completed off-site.
  • Technology-dependent positions: Roles that primarily require computer work, phone calls, or virtual collaboration.
  • Independent work: Positions where physical presence isn’t necessary for job completion.

• Communication needs: Are there essential in-person meetings or collaborations?
• Supervision requirements: Does the role require direct oversight?
• Equipment needs: Can necessary tools be provided for home use?
• Business impact: Would remote work cause undue hardship to your business operations?
• Job alteration: Would the accommodation fundamentally alter the nature of the job?
• Safety concerns: Can safety concerns be adequately addressed in a remote setting?

Physical presence itself is not required for all employment. Instead, employers must demonstrate through concrete evidence why physical presence is otherwise necessary for the role.

3. Legal Compliance Requirements

Failure to engage properly can result in costly litigation under both federal ADA and the NYSHRL. Even if an employer ultimately denies the accommodation, following proper procedures protects your organization with  labor and employment attorney from discrimination claims. To avoid this, document everything. As demonstrated in recent court cases, failing to properly document accommodation requests and the interactive process can lead to compliance violations. Maintain records of:

• Initial accommodation requests;
• Interactive process discussions;
• Medical documentation (if provided);
• Alternative accommodations considered; and
• Final decisions and reasoning.

Employee Rights to Receive Remote Work Accommodations

1. Know Your Rights

You have the right to request reasonable accommodations if you have a qualifying disability under the ADA. This includes physical, mental, and emotional conditions that substantially limit major life activities. The ADA defines a “qualified individual” as a person who, “with or without reasonable accommodation, can perform the essential functions of the employment position.”

2. Making Your Request

Be specific about your needs:

• Clearly identify your disability (you may need medical documentation)
• Explain how your condition affects your work
• Suggest specific accommodations that would help
• Focus on how you can still perform the essential functions of your position

3. What to Expect

Your employer must engage with you in an interactive process to find a solution. Your employer should engage in a dialogue with you about:

• Your specific needs
• Possible accommodation options
• How accommodations might work practically
• Any concerns about job performance or business operations

Remember: Your employer doesn’t have to provide you with the specific accommodation requested, but they must consider effective alternatives. Courts have recognized that remote work “might qualify as a reasonable accommodation in that it is a ‘modification of adjustment to the work environment.'”

4. If Your Request is Denied

Document the process: Keep records of all communications regarding your accommodation request. If you believe your employer failed to engage in good faith or improperly denied a reasonable accommodation, you may have grounds for a legal claim.

Conclusion

Remote work accommodations represent a growing area of employment law where both employers and employees must understand their rights and responsibilities. While employers are not required to grant every request, they must engage in meaningful dialogue and consider reasonable alternatives. Employees, meanwhile, should make clear, specific requests and be prepared to participate in the interactive process.

The key to success is communication, documentation, and understanding that each situation requires individual analysis. As courts have emphasized, requests for accommodation are increasingly fact-specific and usually depend on whether the employees can show they can effectively perform the core elements of their jobs while working remotely. When in doubt, consult with employment attorney to ensure compliance and protect both business interests and employee rights.

This blog post provides general information and should not be considered specific legal advice. Employment accommodation law varies by jurisdiction and individual circumstances. Consult with qualified employment attorneys for guidance on specific situations.

How We Can Help

As an employment law firm representing employers, we provide comprehensive guidance and support to help your organization navigate the complex landscape of accommodation requests while protecting your business interests.

Please subscribe to this blog to receive email alerts when new posts go up.

---

Sources:

1. Geoffrey A. Mort, “Working Remotely: Reasonable Accommodation or Mere Convenience?,” New York State Bar Association, July 14, 2025,https://nysba.org/working-remotely-reasonable-accommodation-or-mere-convenience/?srsltid=AfmBOoqgXLtfNL5l1-XsKPSy2ZPufOKQSQkRVwGkunZ0IiNie5RHZ8-d
2. How Employee Accommodations are Changing in 2025 – AbsenceSoft,https://absencesoft.com/resources/how-employee-accommodations-are-changing-in-2025/.