Can an NJ Employer Deny Remote Work as a Disability Accommodation?

Remote work has become part of everyday conversations about jobs. What started as a temporary fix during the pandemic is now, for many employees, an expectation. But for workers with disabilities, remote work can be more than a preference: it can be a necessary accommodation that allows them to keep working.

That raises a question for New Jersey workers and employers alike: can an employer deny remote work for disabled people when an employee requests it as an accommodation? The answer depends on several factors. 

Let’s break down how this works in practice, the protections employees have, and how a disability discrimination lawyer in New Jersey can help you navigate your options.

Disability Rights Under New Jersey Law

The New Jersey Law Against Discrimination (NJLAD) protects workers from discrimination based on disability. It requires employers to provide reasonable accommodations to qualified employees, unless doing so would create an undue hardship on business operations.

Reasonable accommodations can include:

• Modifying work schedules
• Providing assistive technology
• Adjusting job duties that are not essential
• Granting medical leave
• Allowing remote or hybrid work arrangements

The NJLAD is broader than federal law in many ways, offering stronger protections. While the Americans with Disabilities Act (ADA) also requires reasonable accommodations, New Jersey courts often interpret the NJLAD more generously in favor of employees. If you believe your rights were violated, consulting a disability discrimination attorney in New Jersey can help you evaluate your options.

When Remote Work Can Be A Reasonable Accommodation

Remote work is the most commonly requested workplace accommodation. In a 2025 survey, 51% of accommodation requests involved working from home, with many others seeking intermittent leave or reduced schedules.

Remote work may be considered when it allows an employee with a disability to perform their job duties without imposing significant difficulty or expense on the employer.

Examples of situations where remote work could be reasonable include:

• An employee with a mobility impairment who has difficulty commuting.
• A worker with a compromised immune system who needs to avoid high-risk environments.
• An employee with epilepsy who may face health or safety challenges in certain in-person settings.
• A worker with a mental health condition that is exacerbated by a traditional office environment.
• An employee recovering from surgery who can perform most tasks from home temporarily.

If the essential functions of a job can be performed remotely, then denying such a request may amount to unlawful discrimination for remote work disability in NJ: exactly what the NJLAD protects the workers from.

Essential Functions: The Key Factor

The concept of essential job functions is critical in determining whether remote work is reasonable. Employers are not required to eliminate or fundamentally change essential duties.

For example:

• A cashier at a grocery store cannot reasonably perform their job remotely, because the role requires in-person interaction.
• A data analyst, however, may be able to perform nearly all essential functions from a computer at home — which is why denying remote work in fields like these can raise concerns about disability discrimination in tech.

When evaluating a request, employers must look closely at the actual duties of the role, not only traditional assumptions about where the work should be performed.

Undue Hardship For Employers

Employers can deny a remote work request if they can show it would cause undue hardship. Factors that courts and agencies consider include:

• The cost of implementing remote systems
• The impact on business operations
• The effect on other employees’ ability to do their jobs
• Health and safety concerns
• Whether remote work would fundamentally alter how the business operates

The burden is on the employer to prove undue hardship. Simply preferring that everyone work on-site, or fearing a loss of control, is usually not enough. And if bias against mental health conditions plays a role in denying remote work, that could raise serious legal concerns. 

The Interactive Process

New Jersey law requires employers and employees to engage in an interactive process when a disability accommodation is requested. This means:

• The employee explains the disability-related limitation and the accommodation requested.
• The employer considers the request in good faith.
• Both sides discuss possible options, including alternatives if full remote work is not feasible.

For example, if an employer cannot grant full-time remote work, they may still need to consider alternatives such as a hybrid arrangement or flexible scheduling. Denying the request outright without engaging in discussion could itself violate the NJLAD: an important point when considering workplace rights for ADHD employees and other invisible conditions that may benefit from flexible work.

Federal Guidance On Remote Work Accommodation

The Equal Employment Opportunity Commission (EEOC), which enforces the ADA, has made it clear that remote work can be a reasonable accommodation. The EEOC also noted that the pandemic demonstrated many jobs can be performed remotely, which weakens the argument that physical presence is always essential.

New Jersey courts often look to federal guidance for reference, though the NJLAD sometimes goes further in protecting workers. This means employees in New Jersey may have even stronger arguments when seeking remote accommodations.

What Employees Can Do

If you are an employee in New Jersey seeking remote work as a disability accommodation, here are practical steps:

• Put your request in writing and be specific about how remote work would help with your disability.
• Provide medical documentation if requested, but only what is necessary to support the accommodation.
• Emphasize how you can perform the essential functions of your job from home.
• Be open to alternatives, like hybrid arrangements or other accommodations.
• Document all communications with your employer in case of future disputes.

What Employers Should Do

For employers, the best way to handle accommodation requests (including remote work), is with fairness and consistency. Steps include:

• Train managers and HR on the requirements of the NJLAD and ADA, including rules surrounding disability-related medical exams.
• Review job descriptions to clearly define essential functions.
• Engage in the interactive process with employees rather than rejecting requests outright.
• Consider whether technology already in place makes remote work feasible.
• Document all discussions and decisions in case the decision is challenged.

Why Remote Work Accommodations Matter

Nearly half of all workplace accommodations can be implemented at no cost to employers, and among those that incur a cost, the median expense is just $300, according to the U.S. Department of Labor.

The shift toward remote work has changed how courts and employers think about accommodations. What might once have been dismissed as impractical is now seen as feasible in many jobs. For employees with disabilities, this creates new opportunities to remain in the workforce with the support they need.

For employers, it means rethinking policies and moving away from one-size-fits-all approaches. New Jersey law makes it clear that accommodations must be considered on a case-by-case basis… and remote work is now firmly part of the discussion.

Denied an Accomodation? Contact Us For Your Free Consultation

If you have been denied remote work as a disability accommodation in New Jersey, or if you are an employer unsure of your obligations, we can help.

We’ll review your situation, explain your rights, and guide you toward the best path forward.

Contact us today for legal advice and a free consultation.