Job Descriptions Should Clearly Explain Why In-Person Work Is Required
Many employers have settled into their post-pandemic workplace model, whether that's fully in person, hybrid, or remote. But one issue continues to surface: requests to work remotely as a reasonable accommodation.
Recent court decisions have generally reinforced that employers are not automatically required to allow remote work simply because a position was performed from home during the pandemic. Instead, courts continue to focus on a straightforward question: Can the employee perform the essential functions of the job remotely?
That makes one document more important than many employers realize: the job description.
Remote work is not automatically a reasonable accommodation
COVID-19 changed where many people worked, but it did not permanently redefine every job.
When evaluating accommodation requests, courts look at the specific responsibilities of the position and whether those essential functions genuinely require an employee to be physically present. The fact that an employee previously worked remotely is only one part of that analysis.
Each request must be evaluated on its own facts.
Be prepared to explain why in-person work matters
If your organization requires employees to be on-site, you should be able to explain why.
That explanation should not rely on tradition or preference. Instead, it should be tied to the essential functions of the position.
Depending on the role, that might include responsibilities such as:
Supervising employees in person.
Collaborating with team members on-site.
Meeting directly with clients or customers.
Accessing specialized equipment or confidential materials.
Performing work that can only be completed at a specific location.
The stronger the connection between these responsibilities and the job description, the stronger your position is likely to be if an accommodation request arises.
Follow the interactive process
Even where an employer believes remote work is not appropriate, the request should not be dismissed automatically.
Employers should engage in the interactive process, review any supporting medical information, consider whether alternative accommodations may be effective, and document how the decision was reached.
The analysis should always be based on the specific employee, the specific position, and the organization's operational needs.
Review your documentation before you need it
Accommodation requests often highlight weaknesses that already existed.
Job descriptions that haven't been updated in years, attendance policies that don't explain why employees are expected to work on-site, or inconsistent remote work practices can all make it harder to demonstrate that physical attendance is an essential job function.
Reviewing these documents now is far easier than trying to justify them after a request has been made.
Looking ahead
Requests for remote work as an accommodation are likely to remain part of the workplace for the foreseeable future.
Employers are not expected to grant every request, but they should be prepared to explain why in-person attendance is necessary for a particular role, engage in a good-faith interactive process, and carefully document how each request was evaluated.
Strong job descriptions won't eliminate every accommodation challenge, but they provide an important foundation for making consistent, well-supported decisions.