Since the COVID-19 pandemic began in March 2020, telework has become a normal part of many workplaces. For HR professionals, though, remote work raises new compliance questions—especially when employees request telework as an accommodation. The Equal Employment Opportunity Commission (EEOC) has made it clear: telework may be a reasonable accommodation under both the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act.

Here’s what you need to know to keep your organization compliant and prepared.

Telework and Disability Accommodation

Under the ADA and California’s Fair Employment and Housing Act (FEHA), employers must provide reasonable accommodations to qualified individuals with disabilities, unless doing so creates an undue hardship. Telework is one of the accommodations the EEOC specifically highlights.

For HR, this means:

• Look at essential functions: Start by identifying what’s essential and what’s not. If the key duties of a role can be performed remotely, you should give telework serious consideration.
• Interactive process matters: Sit down with the employee, ask about their limitations, and discuss options. Sometimes hybrid arrangements (two or three days a week from home) strike the right balance.
• Policy exceptions may be required: For example, if you have a rule requiring six months’ tenure before employees can telework, you may need to waive that rule for someone with a disability.
• Limits still apply: Employers don’t have to eliminate essential duties, create entirely new jobs, or allow telework that disrupts operations in a significant way.
  The EEOC has long said that employers cannot simply point to a “return-to-office” policy as a reason to deny telework if it would otherwise enable the employee to perform their job.

Telework and Religious Accommodation

Title VII and the FEHA require employers to accommodate sincerely held religious beliefs and practices unless doing so causes undue hardship.

The landscape changed in 2023, when the Supreme Court decided Groff v. DeJoy. Before Groff, employers could deny religious accommodations for almost any burden, even minimal. Now, they must show a “substantial increased cost” or similar hardship to justify a denial.

That’s a big shift for HR. It means you’ll likely see more requests for telework based on religion—for example:

• Allowing an employee to telework on their Sabbath.
• Granting remote work on certain holidays or fasting days.
• Providing flexibility for prayer schedules.

The EEOC recently reinforced that telework may be an appropriate religious accommodation in these situations. For HR, the message is clear: treat religious telework requests as seriously as disability requests.

What Counts as “Undue Hardship”?

This is where HR must be thorough. Post-Groff, you’ll need more than “this is inconvenient” or “we prefer everyone in the office.” You’ll need to document why telework would be disruptive in a meaningful way—for example:

• Costs associated with supervision, technology, or coordination.
• Impacts on client service or collaboration that can’t be solved remotely.
• Security, safety, or confidentiality concerns that can’t be addressed with remote tools.

If you can’t point to a substantial hardship, denying the request could expose the organization to liability.

Practical Steps for HR

So, what’s an HR professional to do? Here are some key things to consider:

• Train managers to spot accommodation requests. Many employees don’t use the word “accommodation.” A statement like “my health condition makes commuting difficult” or “my religious practice requires me to be home Fridays” should trigger HR involvement.
• Run the interactive process every time. Document conversations, explore alternatives, and show you considered the request seriously.
• Get granular about job duties. Break down which tasks require physical presence and which can be done remotely. Don’t overstate the need for in-office work if remote tools suffice.
• Consider hybrid solutions. A mix of in-office and telework may address both the employee needs and operational concerns.
• Keep your documentation tight. If you deny a request, HR must be able to show a concrete, substantial hardship—not just a preference.
• Revisit decisions periodically. Telework capabilities and job duties evolve. What wasn’t feasible two years ago might be possible now.

The Bottom Line for HR

Telework is no longer just a perk—it’s a compliance issue. The EEOC expects employers to evaluate telework requests for both disability and religious accommodation, and courts are holding employers to a higher standard when denying them.

For HR professionals, the safest approach is to:

• Take every request seriously.
• Engage in the interactive process.
• Document, document, document.

Handled correctly, telework accommodations can help employees thrive while keeping your organization legally compliant and operationally strong.

Need help evaluating telework accommodation requests in your workplace? Shaw Law Group can guide you through the process and help ensure compliance.

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Shaw Law Group, PC

Trusted Employment Law Advisors

Phone: (916) 640-2240 | www.shawlawgroup.com

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About Shaw Law Group 

At Shaw Law Group, we do more than practice employment law—we partner with employers to build compliant, respectful, and productive workplaces. From day-to-day advice and counsel to impartial workplace investigations, proactive HR audits, dynamic training programs, and sensitive pre-litigation matters, our experienced team helps clients stay ahead of the curve—and out of court.