Takeaways
- Employee requests to work from home have become increasingly common, often as a form of reasonable accommodation under the ADA.
- For employers in the financial services industry, these requests can raise complex questions about security, compliance and the essential functions of a role.
- Employers can meet multiple objectives by applying a structured, case-by-case approach to work-from-home requests.
Article
In the post-pandemic workplace, employee requests to work from home have become increasingly common — especially as a form of reasonable accommodation under the Americans with Disabilities Act (ADA). For employers in the financial services industry, these requests can raise complex questions about security, compliance, and the essential functions of a role. But one thing is clear: a knee-jerk “no” is not the right answer.
When an employee requests to work from home due to a disability, the law requires employers to engage in a timely interactive process discussion with the employee. This discussion should be a collaborative, good-faith dialogue aimed at identifying reasonable accommodations that will enable the employee to perform the essential functions of their job.
This process often involves:
- Clarifying the nature of the employee’s limitations and how they affect job performance.
- Reviewing medical documentation, if necessary.
- Exploring potential accommodations, including remote work, that do not impose an undue hardship on the business.
The Equal Employment Opportunity Commission has long recognized that telework can be a reasonable accommodation. However, not all jobs are suitable for remote work, and employers are not required to eliminate essential job functions or lower performance standards as reasonable accommodations.
In financial services, where roles often involve handling sensitive financial data, real-time client interactions, and compliance with strict regulatory frameworks, some job functions may inherently require an on-site presence. That does not mean remote work is completely off the table. It means employers must carefully evaluate the following questions:
- Which job functions are truly essential?
- Can any of these functions be modified or supported through technology?
- Are there hybrid models that could meet both the employee’s needs and the business’s obligations?
Employers in financial services must also consider industry-specific concerns such as data security and confidentiality, as well as regulatory compliance. While these concerns are valid, they must be weighed against the legal obligation to consider accommodations on a case-by-case basis.
By applying a structured, case-by-case approach to work-from-home requests, employers can protect their business interests, stay compliant, and support employees effectively.
