Q. An employee requested to work remotely as an accommodation so they can be home with a child who is disabled. Do we have to provide this accommodation under the ADA?
A. No, the Americans with Disabilities Act (ADA) doesn’t require that employers provide accommodations to employees because they have a family member who is disabled. You’re only required to provide an accommodation under the ADA when the employee themselves has a qualifying disability and if doing so wouldn’t cause an undue hardship (i.e., something that would require significant difficulty or expense).
That said, if you’ve allowed other employees who do similar jobs to work remotely, you should consider doing so in this case. The ADA prohibits discrimination against an employee on the basis of being associated with someone (such as a family member) who is disabled. So, while there’s no hard and fast obligation to accommodate an employee because of their family member’s disability, it’s possible that the employee could still claim associational disability discrimination if the employer denies their accommodation request while granting the same sort of request for others.
You can reduce the likelihood of discrimination claims by treating similarly situated employees consistently and communicating the legitimate business reasons for denying a request.
This content is provided by the HR Pros with Mineral HR.
Nicholle Peterson, Benefits Plan Manager comments,
“While the ADA does not require employers to accommodate an employee’s request to work remotely solely to care for a disabled family member, it’s important to ensure consistent treatment of all employees making similar requests. Employers should be mindful that denying such accommodations, especially if remote work is permitted in comparable situations, could expose the company to claims of associational discrimination. Clear communication and consistent application of policies are essential to minimize legal risks.”
To learn more about our online tool, Mineral HR, contact Nicholle at (320) 214-2921.
This Q&A does not constitute legal advice and does not address state or local law.
