Why U.S. Disability Laws Still Fail Remote Workers

Why Isn't Remote Work Guaranteed For People With Disabilities In The US?

Current US legislation doesn't take technological advances into account. Therefore, protecting the rights of people with disabilities is ineffective.

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How COVID-19 Has Helped People With Disabilities Find Employment

The COVID-19 pandemic has proven that remote work can be an effective way for people with disabilities to find employment in the United States. However, for this to work in the post-pandemic era, legislative changes are needed. Current laws are insufficient to effectively protect the rights of people with disabilities to remote work.

In 2019, before the onset of the COVID-19 pandemic, 6.5% of the US workforce worked remotely. During the peak of the epidemic in 2020, 32.5% of all workers worked remotely. After the pandemic ended, the share of people working remotely decreased by two-thirds, but remained almost twice as high as before the pandemic. By the end of 2024, 12.5% ​​of all Americans were working remotely.

There are studies that prove that people with disabilities were better than people without disabilities at finding remote work during the pandemic and even after.

One such study notes: "The people with disabilities are disproportionately benefiting from the rapid recovery from the initial economic contraction at the start of the pandemic. These employment gains have been concentrated in teleworkable, essential, and non-frontline occupations."

As a result, some studies report that the proportion of people with disabilities working remotely is higher than the proportion of people without disabilities working remotely. One study from 2023 reported that "a worker who reports any disability is 2.4% more likely to be fully remote than an otherwise similar worker." According to another study from early 2024, the proportion of people with disabilities working remotely is 2% higher than the proportion of people without disabilities working remotely. At that time, the ratios were 12.6% and 10.6%, respectively.

While national data on the increasing share of people with disabilities working remotely is unknown, some local labor markets do have such information. For example, in New York City, 3.9% of people with disabilities worked remotely in 2019. In 2022, this figure was already 14.6%. This means that the share of people with disabilities working remotely increased by 10.7% over the year. The growth in remote work for people with disabilities has increased the overall share of people with disabilities in the U.S. workforce. In 2022, the share of people with disabilities in the U.S. workforce reached a record high of 21.3%. This is 2% more than in 2021.

This happened thanks to the COVID-19 pandemic, not the actions of politicians and legislators. Thus, the epidemic unexpectedly revealed opportunities for increased employment among people with disabilities.

The Americans with Disabilities Act (ADA) Doesn't Account For Technological Advances

Why did this happen only because of the pandemic? The reason is the imperfection of current US legislation. The Americans with Disabilities Act (ADA) was originally passed in 1990 and then amended in 2008. However, in both cases, the legislation was drafted at a time when technology was underdeveloped. Technology is more advanced now, but the ADA doesn't take this into account. As a result, employers are not required to provide remote work options to individuals with disabilities. Employers are only required to provide "reasonable accommodations." However, remote work is not considered a mandatory option.

In this current situation, courageous people with disabilities are trying to defend their right to telework in court. But under the current version of the ADA, people with disabilities are losing their cases.

Lawyers note, "Over the years, courts have been called upon to resolve disputes between disabled employees and their employers regarding whether or not an employee's request to work remotely is a "reasonable accommodation" under Title I. An examination of the cases from every federal circuit court of appeals over the last decade reveals that courts most rule in favor of employers."

The situation won't change. For this to happen, federal legislation must be amended. The importance of remote work for people with disabilities must be enshrined in law. Remote work must be made a mandatory option under the so-called "reasonable working accommodations."

Foreign governments are already following this path. For example, in the EU, telecommuting is recognized as one of five options for creating reasonable working conditions for people with disabilities. European politicians, while agreeing with the importance of telecommuting for people with disabilities, also note that "it is important not to impose telecommuting, but to offer it as an option." In Brazil, politicians have legally enshrined the priority right of people with disabilities to telecommuting. To this end, on February 24, 2025, the Federal Senate approved Bill 331/2025.

In the US, preparations for changes to the ADA are not yet underway. It may take several more pandemics for people with disabilities to demonstrate the importance of telecommuting.

Insights, Analysis, and Developments

Author Credentials: Pavel Kuljuk's articles and poems are published in Australia, North America, and Europe. In recent years, he has been constantly collaborating with Australian Rural & Regional News (Australia), Red Hook Daily Catch and OpEd News (USA), and Disabled World (US/Canada). Kuliuk's individual publications are in Forbes (Kazakhstan), Rural 21 (Germany), London Loves Business (UK), Karrep (India), RealClearDefense (RCD), Change Links, Daily Caller (USA), and many others. Explore Pavels' complete biography for comprehensive insights into his background, expertise, and accomplishments.