One of the most misunderstood aspects of ADA accommodations is whether employers must accommodate an employee who cannot commute to work due to a medical condition. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, as long as doing so does not create an undue hardship. But does this include allowing an employee to work remotely if their disability prevents them from driving? The answer depends on the nature of the job, whether remote work is feasible, and whether commuting is an employer-controlled barrier.
When Remote Work May Be a Required ADA Accommodation
If an employee has a shoulder condition that prevents them from driving but their job can be performed remotely without disruption, the employer may be required to allow them to work from home. The key factor here is that the inability to drive is not a limitation of the job itself but rather a commuting issue. If the job does not require in-person interactions or physical presence in the workplace and can be effectively performed remotely, then denying remote work without justification could violate the ADA—especially if other employees in similar roles have been allowed to work from home for non-medical reasons.
When Commuting Issues Do NOT Require an Accommodation
The ADA generally does not require employers to accommodate commuting difficulties unless the employer controls the workplace barriers preventing the employee from getting to work. For example, if an employee has a medical condition that prevents them from driving but they have alternative transportation options such as public transit, rideshare, or carpooling, the employer is not obligated to accommodate by allowing remote work.
A clear example of when an employer is not required to accommodate is Emma’s case. Emma works as a customer service representative at a retail store, where she must assist customers, handle transactions, and be physically present at work. Because her job cannot be performed remotely, her employer is not required to allow her to work from home, even though she has a medical condition that prevents her from driving. Since commuting to work is generally considered an employee’s responsibility, and she has other transportation options, the employer is not legally required to accommodate her request.
The Key Differences Between These Scenarios
The most critical distinction is whether remote work is a reasonable accommodation based on job duties and work environment. If an employee’s physical presence is essential to performing their job, remote work is not a reasonable accommodation under the ADA. In contrast, if an employee’s job can be fully performed remotely, and the only barrier to working is their inability to commute, remote work may be a reasonable accommodation.
Additionally, employers must be consistent when handling accommodation requests. If similar employees have been allowed to work remotely, denying remote work for an employee with a documented disability-related commuting barrier could be seen as discriminatory. Employers must engage in the interactive process, discussing potential accommodations and determining whether remote work is a viable option.
Employer Considerations: Ensuring Compliance and Fairness
Employers who proactively train HR professionals, managers, and decision-makers on ADA compliance will be better equipped to handle accommodation requests fairly and consistently. Maintaining clear policies on remote work and reasonable accommodations helps protect businesses from potential discrimination claims while fostering a more inclusive workplace. Employees, in turn, should ensure they formally request accommodations in writing and work with their employer in good faith to identify practical solutions.
Bottom Line: When Employers Must—and Don’t Have to—Accommodate Remote Work
- If a job can be performed remotely and the only barrier is commuting due to a disability, remote work may be a reasonable accommodation.
- If remote work does not impose an undue hardship, denying it without justification could violate the ADA.
- If a job requires in-person duties, the employer is not required to offer remote work as an accommodation.
- The ADA does not require employers to accommodate commuting difficulties unless the employer controls the workplace barrier.
Employers who recognize when accommodations are required and when they are not legally necessary can make informed, fair, and compliant decisions while fostering an inclusive and productive workforce.
Elga Lejarza
Founder & CEO
Lejarza Workforce Solutions
