Disability Discrimination in the Remote Work Era: Must Florida Employers Always Allow Telework as an ADA Accommodation?

Since the pandemic, employees have increasingly requested remote work as a disability accommodation under the Americans with Disabilities Act (ADA). Florida employers must determine whether the law requires them to allow telework in most cases or whether in-person presence remains an essential job function.

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause an undue hardship. See 42 U.S.C. § 12112(b)(5)(A).

The Eleventh Circuit has repeatedly emphasized that employers are not required to remove or eliminate essential job functions to accommodate an employee. In Lucas v. W.W. Grainger, Inc., 257 F.3d 1249, 1256 (11th Cir. 2001), the court held that the burden rests with the employee to show a reasonable accommodation that allows performance of essential job functions.

In Frazier-White v. Gee, 818 F.3d 1249, 1256 (11th Cir. 2016), the court clarified that accommodations that are indefinite or speculative are not reasonable under the ADA.

In Holly v. Clairson Industries, L.L.C., 492 F.3d 1247, 1256–57 (11th Cir. 2007), the Eleventh Circuit held that an employer’s determination of essential job functions is given significant deference, particularly when supported by written job descriptions.

Other courts have considered remote work more directly. For example, the Sixth Circuit in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), determined that regular on-site attendance was an essential function of a team-based role and telework was not a reasonable accommodation. While this case is persuasive rather than binding in Florida, it reflects the scrutiny courts apply when employees request to work remotely.

Florida employers are not automatically required to approve telework requests under the ADA. The Eleventh Circuit requires a fact-specific inquiry into whether in-person presence is essential for the role. Courts give weight to the employer’s written job descriptions, the experience of how the job is performed, and the business judgment of management. An employer who can show that physical presence is necessary for supervision, collaboration, or access to tools and facilities has strong support for denying a telework request.

At the same time, the pandemic experience complicates the analysis. Many businesses operated effectively with remote teams, and the Equal Employment Opportunity Commission has noted that this history may undermine employer claims that physical presence is indispensable. Employers who successfully adapted to remote work may face more scrutiny when denying accommodation requests today.

Florida employers are not required to approve every request for telework as an ADA accommodation, but they cannot reject such requests without considering them. The safest approach is to evaluate each request individually, document the interactive process, and be prepared to demonstrate why physical presence is or is not an essential job function under Eleventh Circuit standards.

Action Steps for Florida Employers

• Review and update job descriptions to identify essential functions requiring in-person performance.

• Document the interactive process whenever telework accommodations are requested.

• Consider the company’s history with remote work when evaluating accommodation requests.

• Train supervisors and HR staff on ADA compliance to ensure consistent decision-making.

• Consult with legal counsel before denying a telework request to reduce litigation risk.