Table of Contents
• Can My Employer Deny a Remote Work Request?
• What Laws Protect Employees in VA, MD, and DC?
• What Did the EEOC’s Recent Guidance Say?
• What This Means for Employees
• How to Formally Request Remote Work as an Accommodation
• Contact an Employment Lawyer
As employers across Virginia, Maryland, and Washington, D.C. push for a return to the office, employees with disabilities are facing a critical question: can they request to work remotely as a reasonable accommodation? For many, the answer is yes.
Federal, state, and local laws require most employers to provide reasonable accommodations for employees with disabilities, and in the post-pandemic era, telework has become a central issue in disability rights law. Understanding your rights is the first step to ensuring you get the support you need.
Can My Employer Deny a Remote Work Request?
An employer cannot issue a blanket denial of all remote work requests without considering individual circumstances. Under the Americans with Disabilities Act (ADA), employers must engage in a good-faith “interactive process” to determine if a reasonable accommodation can be made.
A reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. This can include:
•Modified work schedules
•Acquiring or modifying equipment
•Changing workplace policies
•Allowing for remote or hybrid work
If you successfully performed your job duties remotely during the COVID-19 pandemic, your employer may have a difficult time arguing that your physical presence in the office is an “essential function” of the job now. They must conduct an individualized assessment for each request.
What Laws Protect Employees in VA, MD, and DC?
Employees in the DMV area are protected by a combination of federal, state, and local laws, each with slightly different requirements. This multi-layered protection is a significant advantage for workers.
| Law | Jurisdiction | Applies to Employers With… | Key Provision |
| Americans with Disabilities Act (ADA) | Federal (USA) | 15 or more employees | Requires reasonable accommodations for qualified employees with disabilities. |
| Virginia Human Rights Act (VHRA) | Virginia | 5 or more employees | Prohibits disability discrimination and mandates reasonable accommodations. |
| Maryland Fair Employment Practices Act (FEPA) | Maryland | 15 or more employees | Requires reasonable accommodations and prohibits disability discrimination. |
| DC Human Rights Act (DCHRA) | Washington, D.C. | 1 or more employees | Offers broad protections and requires reasonable accommodations. |
These laws work together. For example, an employee in Virginia at a company with 10 employees would be covered by the VHRA, even though the federal ADA does not apply.
What Did the EEOC’s Recent Guidance Say?
In February 2026, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on telework as a reasonable accommodation. While directed at federal agencies, it provides a clear roadmap for how the EEOC views the issue for all employers.
Key takeaways from the guidance include:
A return-to-office mandate does not eliminate an employer’s duty to provide accommodations. Even if the company policy is for everyone to be in the office, the employer must still consider individual accommodation requests on a case-by-case basis.
•The interactive process is mandatory. Employers must engage in a good-faith discussion with the employee to find a workable solution.
•Past performance matters. If an employee performed their job successfully while teleworking previously, it strengthens the case that remote work is a reasonable accommodation.
•Temporary telework can be an accommodation. Even if permanent remote work isn’t feasible, an employer might need to grant temporary telework for a period of recovery or medical treatment.
What This Means for Employees
The legal landscape strongly supports employees who need to work remotely due to a documented disability, especially for jobs that can be—and have been—performed from home. Your employer cannot simply say “no” because they want everyone back in the office.
If your ability to perform your job is limited by a medical condition—whether it’s a mobility impairment, a compromised immune system, severe anxiety, or another disability—you have the right to request an accommodation. The burden is on your employer to either grant the request or prove that doing so would cause them an “undue hardship,” which is a high legal standard to meet.
How to Formally Request Remote Work as an Accommodation
To protect your rights, it is critical to make a formal request. Follow these steps:
1. Put It in Writing: Send an email to your supervisor and/or HR department. You do not need to use legal jargon. Simply state that you have a medical condition and are requesting to work remotely as a reasonable accommodation.
2. Provide Medical Documentation: Your employer is entitled to request a doctor’s note to confirm your disability and explain why remote work is a necessary accommodation. Be prepared to provide this.
3. Engage in the Interactive Process: Respond to questions from your employer and be open to discussing potential solutions. Document every conversation.
4. Do Not Accept an Unlawful Denial: If your employer denies your request without a valid reason or refuses to discuss it, they may be violating the law.
Contact an Employment Lawyer
If your employer has denied your request for remote work as a disability accommodation or has retaliated against you for asking, you should speak with an experienced employment lawyer immediately. The laws protecting employees in Virginia, Maryland, and D.C. are strong, but navigating them requires expertise.
Contact our office for a confidential consultation to understand your rights and determine the best path forward.
Contact us today to tell us about your case.
References
[1] U.S. Equal Employment Opportunity Commission. (n.d.). Reasonable Accommodation. Retrieved from
[2] Virginia Division for Human Rights. (2021 ). Employment Rights Poster. Retrieved from
