Requesting Remote Work as a Disability Accommodation in NJ

The COVID-19 pandemic shifted how we think about work — especiavlly remote work. What used to be considered a rare job perk is now a mainstream option in many industries. But for workers with disabilities remote work could be necessary for their health, safety, and ability to do the job.

What if your employer says no? What if you have an invisible disability that makes in-person work difficult or unsafe, and you're being denied the chance to work from home?

This article breaks down how the law applies, how to make a proper request, what employers are allowed to say, and what steps to take if you’re facing disability discrimination.

Remote Work as a Reasonable Accommodation

Under the New Jersey Law Against Discrimination (NJLAD) and the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause an undue hardship for the business.

A reasonable accommodation is any change to the work environment or job duties that allows a person with a disability to perform their job effectively. Remote work can qualify as one of these accommodations, especially if the employee’s disability makes commuting, navigating the workplace, or being in close proximity to others difficult or dangerous.

Who Is Eligible to Request Remote Work?

To request remote work as a disability accommodation in New Jersey, you must meet these basic criteria:

1. You have a disability — either physical, mental, or emotional — that substantially limits one or more major life activities.
2. You are qualified for the job — meaning you can perform the essential functions of your job with or without reasonable accommodation.
3. Remote work would enable you to perform your duties without imposing undue hardship on the employer.

Common qualifying conditions may include:

• Autoimmune disorders
• Anxiety or PTSD
• Mobility impairments
• Chronic fatigue syndrome
• Neurological or respiratory conditions
• Depression or other mental health disabilities
• Conditions that weaken the immune system

Not every request for remote work will be granted, but if you meet the legal definition of a disability and remote work would help you do your job, your employer is legally required to consider it.

While employers can question your disability status, they can only ask for reasonable documentation. They cannot flat-out deny accommodations based on assumptions or skepticism. In New Jersey, the law protects your right to be taken seriously when requesting the support you need.

What the Law Says in New Jersey

1. The New Jersey Law Against Discrimination (NJLAD)

NJLAD prohibits discrimination based on disability in employment. It also requires employers to provide reasonable accommodations unless they can prove the request creates an undue burden on the business.

NJLAD applies to all employers in New Jersey, regardless of size — which makes it more inclusive than federal law in many cases.

2. The Americans with Disabilities Act (ADA)

The ADA is a federal law that offers similar protections to workers across the country. It applies to employers with 15 or more employees and includes the right to reasonable accommodations.

In New Jersey, employees benefit from the combined strength of NJLAD and ADA. NJLAD often offers broader and more employee-friendly interpretations, including when it comes to accommodation requests like remote work.

How to Request Remote Work as an Accommodation

Requesting an accommodation is a protected legal right, but it’s important to go about it the right way. Here’s how to get started:

1. Make the Request in Writing

While the law does not require your request to be in writing, it's a good idea to keep a clear paper trail. Your email or letter should include:

• A statement that you are requesting a reasonable accommodation under NJLAD and/or the ADA
• A description of your disability (you do not need to name the specific diagnosis unless you choose to)
• An explanation of how remote work will help you perform your essential job functions
• Willingness to engage in the interactive process

2. Be Prepared to Provide Medical Documentation

Your employer may ask for a note from your doctor or healthcare provider verifying that you qualify for a disability status and that remote work is recommended. They are not entitled to your entire medical file — just enough information to evaluate your request.

Make sure the documentation:

• Confirms the existence of a disability
• Explains how the disability affects your ability to work
• States why remote work is appropriate as an accommodation

3. Engage in the Interactive Process

Once you make a request, your employer is legally required to engage in a good-faith dialogue with you to explore options. This is known as the interactive process.

During this process, the employer can:

• Ask for clarification
• Propose alternative accommodations
• Evaluate whether remote work is feasible based on your role
• Assess whether your request creates an undue hardship

They cannot simply say no without considering your request or offering other solutions. Yet, some employers fall back on common excuses that violate disability rights — these kinds of blanket denials can amount to a violation of state and federal disability laws.

Real-World Examples

Example 1: Approved Remote Work

A marketing assistant with a chronic respiratory condition requests to work from home two days a week during flu season. The employer agrees after reviewing her doctor’s letter and confirms she can perform her duties remotely. The accommodation is granted and everyone continues to work smoothly.

Example 2: Denied Without Justification

A data analyst with ADHD asks to work remotely to minimize distractions caused by a noisy, open-office environment. Instead of considering the request, the employer shuts it down without explanation. This kind of response may violate ADHD-related workplace rights, potentially qualifying as failure to accommodate.

What If You’re Retaliated Against?

Retaliation for requesting an accommodation is strictly prohibited. If you are demoted, disciplined, treated unfairly, or fired after making a request for reasonable accommodations, that could form the basis of a separate legal claim.

Examples of retaliation include:

• Being passed over for promotions
• Sudden negative performance reviews
• Reassignment to less favorable tasks
• Termination soon after the request

You have the right to make a good-faith request for an accommodation without fear of punishment.

Filing a Legal Complaint

If your employer denies your remote work request without engaging in the interactive process, or retaliates against you for asking, you can file a formal complaint.

You may file with:

• The New Jersey Division on Civil Rights (DCR)
• The U.S. Equal Employment Opportunity Commission (EEOC)
• Or, in some cases, file a lawsuit directly in state or federal court

A disability discrimination lawyer in New Jersey can help you understand which path is right for you and ensure your complaint is filed properly and on time.

Remote Work Requests Deserve Real Consideration

The EEOC’s 2022 annual report revealed that the leading disability-related complaints came from workers who were fired (66.7%). Denied accommodations ranked second at 55.6%, while hiring-related issues accounted for 25.9%, making them the top three concerns reported by employees with disabilities.

Whether your disability is visible or not and whether your role has traditionally been in-office or remote — your request for accommodations deserves a fair, individualized review. If instead you're being sidelined, singled out, or swept into a layoff without real consideration, it could signal disability discrimination. You don’t have to face it alone — legal protections for remote work under ADA in NJ exist, and help is available.

Contact Us for Legal Advice and a Free Consultation

If you’ve requested remote work due to a disability and been denied, ignored, or retaliated against, you may have a legal claim. 

A disability discrimination attorney in New Jersey can help employees protect their rights and fight for the accommodations they need to do their jobs safely and effectively.

Contact us today for a free, confidential consultation.