Why U.S. Disability Laws Still Fail Remote Workers Today
Author: Pavel Kuljuk
Published: 2 Dec 2025 - Updated: 14 Sep 2026
Publication Type: Informative
Table of Contents:
Synopsis - Definition - Overview - FAQs - Insights, Updates - Related Content
Synopsis
This article examines how U.S. disability rights laws have failed to keep pace with modern technology, highlighting why remote work is still not guaranteed for people with disabilities despite clear evidence that telework greatly expands their employment opportunities. Drawing on multiple studies and labor-market data, it shows how the COVID-19 pandemic - rather than policy reform - opened new pathways into the workforce for disabled Americans, seniors, and others who benefit from flexible work arrangements. By contrasting U.S. inaction with the evolving legal frameworks in the EU and Brazil, the article underscores why many individuals with disabilities continue to face unnecessary barriers to continued participation in the labor force.*
At a Glance
- 1 - In 2019, only 6.5% of the U.S. workforce worked remotely. That share peaked at 32.5% during 2020 before settling near 12.5% by the end of 2024.
- 2 - A 2023 study found a worker reporting any disability is 2.4% more likely to be fully remote than an otherwise similar worker. This reversed long-standing employment gaps.
- 3 - In New York City, remote work among people with disabilities rose from 3.9% in 2019 to 14.6% in 2022. That represented a 10.7% single-year increase.
- 4 - In 2022, people with disabilities reached a record 21.3% share of the U.S. workforce, up 2% from 2021. Federal courts, however, still mostly rule for employers in telework accommodation disputes.
Topic Definition
- Remote Work Accommodation for People With Disabilities
Remote work accommodation refers to the practice of allowing an employee with a disability to perform their job duties from home or another off-site location as a form of workplace adjustment. In the United States, this arrangement sits within the broader concept of "reasonable accommodations" under the Americans with Disabilities Act, yet the law does not treat telework as a guaranteed or mandatory option. That gap matters because current U.S. legislation predates modern technology and does not account for the tools that now make working from home practical across many roles. The result is a legal environment where employers may offer remote work but are rarely compelled to, leaving many disabled workers to argue their case in court. Other regions have moved further, with the European Union listing telecommuting among recognized accommodation options and Brazil enshrining a priority right to it, illustrating how the definition of fair accommodation continues to evolve alongside changing work realities.
Overview
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.
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.
Frequently Asked Questions
NOTE: Researched FAQs by Disabled World (DW)
What is the Americans with Disabilities Act
The Americans with Disabilities Act is a U.S. civil rights law passed in 1990 and amended in 2008 that prohibits discrimination against people with disabilities in employment, public services, and accommodations.
Does the ADA require employers to offer remote work
No, the ADA does not require employers to offer remote work as a mandatory option, it only requires reasonable accommodations, and remote work is not automatically included.
What counts as a reasonable accommodation under the ADA
A reasonable accommodation is an adjustment to a job or workplace, such as modified equipment, flexible scheduling, or accessible facilities, that lets a qualified person with a disability perform essential duties without causing undue hardship to the employer.
How can a disabled worker request remote work as an accommodation
A worker can submit a formal request to their employer or human resources department, explain how telework relates to their disability, and provide supporting medical documentation to begin an interactive accommodation process.
Why do disabled employees often lose remote work lawsuits
Federal appeals courts over the past decade have mostly ruled in favor of employers because the ADA does not classify telework as a required accommodation, giving employers wide discretion to deny it.
How does the European Union treat telework for disabled workers
The European Union recognizes telecommuting as one of several options for creating reasonable working conditions for people with disabilities, while stressing that it should be offered as a choice rather than imposed.
What did Brazil change about remote work rights
Brazil advanced Bill 331/2025, approved by its Federal Senate on February 24, 2025, which legally establishes a priority right for people with disabilities to telecommute.
Who benefits most from flexible remote work arrangements
People with disabilities, seniors, caregivers, and others who face barriers to traditional on-site employment tend to benefit most because remote work reduces commuting, physical access, and scheduling obstacles.
Insights, Analysis, and Developments
Editorial Note: While the pandemic made remote work commonplace, the failure to modernize the ADA now threatens to reverse hard-won progress. Policymakers face a straightforward choice: either recognize telework as a legitimate and increasingly essential form of accommodation or risk eroding the stability and independence so many disabled workers have finally been able to achieve. Updating the law would not only reflect current technological realities but also affirm a more equitable, consistent approach to workplace inclusion.*
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.
* Editorial additions by Ian C. Langtree.