Many of California’s largest employers, especially in tech and finance, are enforcing strict Return to Office (RTO) policies. For employees with disabilities, these mandates can be more than an inconvenience. They can be a barrier to employment.
If you find yourself in this situation, remote work can serve as a powerful tool option if you need accommodations for your disability. Understanding your rights under the Fair Employment and Housing Act (FEHA) is the first step toward securing the workplace flexibility you deserve.
Remote work under California disability law
Under FEHA, remote work can be a reasonable accommodation for disability. While it is not automatic, it is a viable option when other alternatives do not measure up. It can also be much harder for your employer to argue that your physical presence is an essential requirement of your role if you can successfully perform your job functions remotely.
In order to deny a remote work request, an employer must prove it causes undue hardship.
However, if you work for a larger company, this argument may not work. Bigger organizations in California often have vast financial resources, established IT infrastructures and remote-capable hardware. Claiming that remote work is too expensive or logistically impossible is a difficult legal hurdle for them to clear.
Going about the interactive process
Once you ask for a remote work accommodation, your employer is generally required to engage in an interactive process. This is a discussion between you and your boss or the human resources (HR) department to figure out if your request is a reasonable solution.
Large employers often use forms and formal steps. Even so, they must act in good faith. They need to talk with you about your request and review your job duties carefully. Your employer should also look at all reasonable options before denying remote work.
When asked to provide medical records, what you submit should show the link between your disability and why you need remote work. You do not have to share more medical details than needed to support your request.
Warning signs of retaliation
It is important to watch for signs that your employer may be treating you unfairly after you request remote work. If others in similar roles are allowed to work from home but your request ends in denial, that may suggest discrimination or inconsistent treatment. A sudden negative review, exclusion from meetings or other adverse actions soon after your request may also point to retaliation.
Retaliation can be subtle. A sudden change in attitude, increased scrutiny, reduced responsibilities or discipline after your request may be worth a closer look.
Encouraging inclusive professional spaces
Asking for a disability accommodation to work remotely is not just about convenience. It is also about protecting your right to equal opportunity in the workplace. If your employer rejects your request without a good reason or punishes you for asking, you may be able to file a legal claim. A lawyer can help advocate for your health and your career.