According to CNBC, remote work can be a “game-changer” for LGBTQ+ employees, allowing them the freedom to choose where they live and work, rather than having to move to an unwelcoming city or state or be surrounded by less tolerant co-workers. One study found that “LGBTQ adults felt significantly less stressed and tired while doing paid work at home than while working at a workplace.”
But can your employer be required to let you work remotely if it’s integral to your mental health and well-being? Here’s what LGBTQ+ employees need to know about the Americans with Disabilities Act (ADA) and whether working remotely is considered a reasonable accommodation for queer employees.
Is Remote Work a Reasonable Accommodation under the ADA?
The Americans with Disabilities Act (ADA) is a federal law that offers certain protections for employees with disabilities. One of these is “reasonable accommodation,” or changes to your work environment or job responsibilities in a way that better accommodates your disability.
According to the Equal Employment Opportunity Commission (EEOC), this can include modifications of the physical workspace (such as equipment or facilities), as well as changes to policies and procedures, such as where and how work is performed.
The EEOC has long treated remote work as a form of reasonable accommodation. In a document first released in 2003, the EEOC explains that “allowing an employee to work at home may be a reasonable accommodation where the person’s disability prevents successfully performing the job on-site and the job, or parts of the job, can be performed at home without causing significant difficulty or expense.”
Who Qualifies for Remote Work Accommodations?
The ADA applies to employees who have a “physical or mental impairment that substantially limits one or more major life activities,” such as speaking, hearing, walking, or seeing. The ADA only covers chronic or ongoing conditions - not short-term injuries and illnesses - and the employee must be “qualified to perform the essential functions or duties of a job, with or without reasonable accommodation.”
In addition to physical limitations that make it difficult or impossible for an employee to perform their job on-site, the ADA covers certain mental health conditions, so some neurodiverse employees may be covered. Some conditions that may qualify for remote work accommodations include:
- Autism spectrum disorder (ASD)
- Attention deficit hyperactivity disorder (ADHD)
- Post-traumatic stress disorder (PTSD)
- Generalized anxiety disorder (GAD)
The EEOC specifically includes autism on a list of impairments that “should easily be concluded to be disabilities,” while others may be determined on a case-by-case basis.
LGBTQ employees in particular may benefit from remote work, with one report showing that “working from home could be associated with enhanced well-being” and “partially shields LGBTQ workers from stressors like workplace microaggressions.” However, it isn’t enough to show that working from home will be beneficial to your mental health; you’ll need to have a specific ADA-qualifying condition.
Examples of Reasonable Accommodation
Examples of reasonable accommodation will vary depending on the type of impairment and the nature of the workplace. Employees with a physical disability might request:
- An adjustable desk
- An accessible bathroom
- Modified work responsibilities
Employees who struggle with sensory overload may benefit from:
- A private workspace
- Noise-cancelling headphones
- A remote work arrangement
Employees with anxiety or depression may need:
- A flexible schedule
- More frequent breaks
- A written task list
How Do You Request a Reasonable Accommodation?
Employees with an ADA-qualifying disability have the right to reasonable accommodation, whether they use the words “ADA accommodation” or not. If an employee discloses an impairment, their employer is obligated to initiate the ADA interactive process.
Employees aren’t required to reveal that they have a disability, or even to disclose their specific disability when requesting accommodation. They simply need to describe the nature of the impairment, which job activities it limits, and what steps can be taken to support them.
Employers can request proof of an employee’s disability, such as a medical certificate from a doctor, to determine which accommodation is appropriate.
Who Chooses the Reasonable Accommodation?
Employees and their employer need to engage in the ADA interactive process to choose an appropriate accommodation. While employees can suggest their preferred accommodation, the employer has the final say over which one to implement, as long as it’s reasonable and effective.
For example, if an employee wants to work from home for mental health reasons, the employer could propose an alternative such as a quiet workplace or noise-cancelling headphones.
Employers who provide remote work as an accommodation may also need to determine whether the employee can work from home full-time or on an as-needed basis.
Can Digital Nomads Qualify for ADA Accommodations?
While remote work may a reasonable accommodation for some employees, it isn’t a straightforward solution for digital nomads. To be eligible for remote work under the ADA, you’ll need to show that you have a physical or mental disability that prevents you from working on-site or commuting to your workplace, and that working remotely won’t present an undue hardship for your employer.
If you simply prefer to work from home or from a co-working space, then you may have a hard time proving that remote work is a necessity. Instead of requesting an ADA accommodation, you may be better off seeking employment with a company that has a remote or hybrid work policy.
Check out our job board for remote work opportunities at LGBTQ-friendly employers.