Your employer just announced that everyone must be back in the Calabasas office, but your disability makes the commute or the on-site environment unbearable. Maybe you managed your job from home for months during COVID and your performance never slipped, yet now your request to keep working remotely has been brushed aside. You are caught between protecting your health and protecting your income, and you want to know if the law gives you any real leverage.
Many employees across Calabasas and the rest of California are in the same position. They can do their work, but the way the work is set up, with strict in-person rules, puts them at serious risk because of a medical condition or disability. Employers often treat remote work as a perk or lifestyle choice, not as a potential accommodation that may be required under the Americans with Disabilities Act (ADA) and California law. That gap between what is legally required and how companies behave is where conflict usually starts.
At Gaines & Gaines, we have spent decades representing California employees in disputes with their employers, including cases involving disability, medical conditions, and workplace policies. We never represent big corporations, only employees and consumers, so we see these situations from your side of the table. In this guide, we explain how remote work can function as a reasonable accommodation in Calabasas, what your employer is required to consider, and practical steps to take if your work-from-home request is ignored or denied.
When Remote Work Can Count As a Reasonable Accommodation in Calabasas
Under both the ADA and California’s Fair Employment and Housing Act (FEHA), employers covered by these laws must provide reasonable accommodation to a qualified employee with a disability, as long as it does not create an undue hardship. A reasonable accommodation is any change to the job, the workplace, or how things are usually done that helps you perform the essential parts of your job. Remote work is one potential accommodation, along with others like modified schedules, special equipment, or changes to certain duties.
For employees in Calabasas, FEHA often gives broader protection than federal law. California tends to interpret “disability” more broadly and expects employers to explore a wide range of options before they say no. The key question is not whether your employer likes remote work. The key question is whether working from home would allow you to perform the essential functions of your job, with or without other adjustments.
In many roles common to Calabasas, such as administrative support, marketing, finance, software development, design, or customer service roles that are already phone or computer based, remote work can be a practical and effective accommodation. If most of what you do involves email, phone calls, video meetings, data entry, or document review, there is at least a credible argument that those tasks can be done from home, sometimes with minor adjustments. Remote work will not fit every job, but it cannot be dismissed out of hand just because your employer prefers having people in the office.
Through more than fifty years of combined experience in California employment cases, we have seen courts and agencies look carefully at the specific job duties, not just the employer’s preferences, when assessing accommodations. That real-world perspective is important. It means your situation needs an individualized look, and your employer cannot lawfully rely on blanket statements to deny a remote work request tied to a bona fide medical condition.
How Employers Decide If In Person Work Is an Essential Function
Remote work as a reasonable accommodation largely turns on whether physical presence in the workplace is an “essential function” of your job. Essential functions are the core tasks and responsibilities that define the position. These are not every minor thing you do in a day, but the main duties that justify the job’s existence. Employers often claim that showing up in person is essential, but that claim does not automatically end the analysis.
When deciding whether a function is essential, courts and agencies consider several factors. They look at the written job description, what your employer says now about the job, how much time you actually spend on certain tasks, the consequences if those tasks are not done, and whether there are other employees who can share or shift some duties. They also pay attention to how the job is actually performed day to day, not just how management describes it on paper.
For example, consider a Calabasas-based financial analyst whose work is mostly spreadsheets, financial models, and meetings with colleagues or clients by phone or video. In that role, physical presence may not truly be essential, especially if the analyst has already handled these tasks from home. By contrast, a facilities technician who must physically inspect and repair equipment in an office building has core duties that cannot be done from home. Many jobs fall somewhere between these extremes, which is why the details matter so much.
Employers sometimes lean heavily on broad statements in job descriptions, such as “regular, predictable attendance in the office is an essential function.” That language helps them, but it is not the end of the story. If, in practice, employees in similar roles frequently work remotely, or if you worked from home successfully for a significant period, those facts can undermine the claim that in-person presence is truly essential. At Gaines & Gaines, we regularly review job descriptions, emails, and performance records to see whether an employer’s stated “essential functions” match reality.
COVID Era Remote Work Changed the Conversation, But Not the Legal Test
The COVID pandemic shifted expectations about remote work in Calabasas offices and across California. Many employees in professional and office-based roles worked from home for months or longer, often with little to no drop in productivity. Understandably, employees now wonder why that same arrangement is suddenly impossible when they request it as a disability accommodation.
From a legal standpoint, the basic test for reasonable accommodation did not change because of COVID. The law still looks at whether you can perform the essential functions of your job with the requested accommodation and whether granting that accommodation would impose an undue hardship on the employer. There is no automatic rule that says if you worked from home during COVID, you are guaranteed remote work forever. However, the history of successful remote work can be powerful evidence that in-person presence is not, in fact, essential for your role.
Imagine a Calabasas marketing coordinator who worked remotely for 18 months, hitting all deadlines and receiving positive reviews. The employer then calls everyone back to the office and denies her remote work request related to a chronic immune condition, claiming collaboration requires physical presence. In that scenario, the prior remote period becomes strong proof that collaboration can occur effectively online and that the real reason for the denial might be preference or culture, not necessity.
Employers sometimes try to argue that pandemic remote work was a temporary emergency measure, not a sign that remote arrangements are sustainable. That argument may carry some weight, but it is not absolute. The longer and more successful the remote period was, and the more the job relied on tools like shared drives and video calls, the harder it is for the employer to claim that remote work simply does not work. We have seen employers attempt to ignore their own history, and part of our job as employee advocates is to bring that history into focus through documents and testimony.
Your Rights in the Interactive Process When You Request Remote Work
When you let your employer know that you have a medical condition or disability and that you need changes at work to keep doing your job, that should trigger what the law calls an “interactive process.” This is a back-and-forth conversation where you and your employer discuss your job duties, your limitations, and potential accommodations, which may include remote work. You do not need to say “I am requesting a reasonable accommodation under the ADA” for this duty to arise. Clear communication about how your condition affects your work is enough.
A genuine interactive process is more than a quick “no” from a supervisor. It usually involves reviewing your job tasks in some detail, considering how technology could support remote work, discussing partial or hybrid setups, and sometimes obtaining medical information (within legal limits) to understand your restrictions. For a Calabasas employee whose main duties revolve around computer-based tasks, this might mean talking through how you would access files, attend meetings, and communicate with coworkers from home.
Red flags often appear when employers treat remote work as off the table before the conversation even starts. If you hear statements like “we do not allow remote work, that is company policy” or “if we let you work from home, everyone will want to,” without any discussion of your specific job or condition, that may signal a failure to engage in the required interactive process. The law expects individualized consideration, not one-size-fits-all refusals.
How to Frame Your Remote Work Request to Your Employer
How you make your request can influence both the quality of the interactive process and how your situation looks later if things escalate. Whenever possible, put your request in writing, such as an email to HR or your manager. Describe your role briefly, identify specific job tasks that you can perform from home, and explain how remote work would address your medical limitations. For example, you might note that commuting or being in a crowded open-plan office aggravates your condition, while working from home allows you to remain productive.
It also helps to connect your request to any past success with remote work. You can mention that during earlier remote periods, you met performance goals, were available during working hours, and stayed reachable by phone and video. Attaching or offering a note from your healthcare provider that explains your limitations and supports remote work (without oversharing private details) strengthens the argument that this is an accommodation need, not a lifestyle choice. At Gaines & Gaines, we often step in when this dialogue breaks down to help employees clarify their requests and document the employer’s responses.
What Counts As Undue Hardship for Calabasas Employers
Even when an employee shows that remote work would help them perform the essential functions of their job, an employer can deny the accommodation if it would cause an “undue hardship.” This phrase means more than inconvenience or preference. Undue hardship involves significant difficulty or expense in light of the employer’s overall resources, the nature of its operations, and the impact the accommodation would have on the business.
Legitimate hardship arguments might include serious data security problems that cannot reasonably be addressed with technology, the need for constant physical presence to handle sensitive equipment, or major costs to reconfigure systems for a single remote worker in a very small company with limited funds. For instance, a small Calabasas business that handles highly sensitive physical records with no existing digital infrastructure might have a stronger hardship claim than a large company that already supports remote workers in similar roles.
On the other hand, excuses like “we do not like managing remote employees” or “we want everyone treated exactly the same” are much weaker when weighed against your legal right to accommodation. The law recognizes that treating employees with disabilities differently is sometimes required to give them an equal opportunity to work. Employers are also expected to look at alternatives, such as hybrid schedules, partial remote work, or adjusting specific duties, before they reject remote work entirely.
Part of our role in evaluating a denied remote work request is to assess whether the employer’s hardship claims are solid or just boilerplate. Because we represent employees and consumers across California, and appear in both state and federal courts, we understand how different types of employers justify these denials and when those justifications may fall short under ADA and FEHA standards.
Common Employer Mistakes With Remote Work Accommodations
When Calabasas employees ask for remote work as a disability accommodation, employers often make the same avoidable mistakes. Recognizing these patterns can help you understand whether your rights are being respected and whether your situation may require legal help. One frequent error is refusing to discuss remote work at all, citing blanket company policies without any real analysis of your job or condition.
Another common mistake is ignoring or downplaying medical documentation. An employer might insist that you must be in the office, even when your healthcare provider has clearly explained that commuting or in-person work is harmful for your condition, and has confirmed that your duties can be performed from home. Offering unpaid leave or forcing you onto a leave of absence, while refusing to consider remote work that would let you keep working, can also violate the duty to provide reasonable accommodation.
Retaliation is a serious issue as well. Some employees see a sudden shift in how they are treated after making a remote work request, including write ups for minor issues, exclusion from meetings, pressure to resign, or outright termination. Retaliating against an employee for requesting an accommodation is itself unlawful. When employers combine a poor interactive process with negative treatment of the employee who speaks up, they compound their legal risk.
At Gaines & Gaines, we have seen these patterns across many workplaces in California. We pay close attention to the sequence of events, the employer’s explanations, and internal documents that may reveal the real reasons behind a denial. That perspective allows us to identify when an employer’s actions have shifted from a good faith disagreement about feasibility into territory that violates state or federal law.
Practical Steps If Your Remote Work Request Is Denied
If your employer has denied your remote work request, the first step is to get clarity on why. Ask for the reasons in writing and keep that response in a safe place. You can follow up with questions about which specific job duties supposedly require in-person presence and what alternatives, if any, the employer considered. This helps you understand whether there was a real individualized assessment or just a reflexive “no.”
Documentation is critical. Save emails related to your request, notes from meetings, performance reviews, and any information showing how you performed during past remote periods. If your supervisor or HR made comments suggesting they were annoyed or skeptical about your medical needs, write down what was said, when, and who was present. Also track any changes in treatment after you made the request, such as sudden discipline, schedule changes, or exclusion from projects.
You can also propose alternative arrangements that might meet both your needs and the employer’s concerns. For example, you might suggest a hybrid schedule with certain anchor days in the Calabasas office, or remote work with specific hours of availability for video meetings with your team. While you are not required to accept whatever the employer offers, showing that you are willing to collaborate can strengthen your position if the dispute escalates.
There is a point, however, where continued back and forth with HR is not productive, especially if your health is worsening or your job feels at risk. When your employer will not engage in a genuine interactive process, denies remote work without meaningful explanation, or responds to your request with discipline or threats, it is time to talk with an employment attorney. At Gaines & Gaines, we review the facts of your situation, evaluate the strength of your claim under ADA and FEHA, and help you plan your next steps, whether that is continued negotiation, an internal complaint, or legal action.
How Gaines & Gaines Supports Calabasas Employees Seeking Remote Work Accommodations
Remote work accommodation disputes sit at the intersection of disability law, workplace culture, and rapidly changing expectations about how and where people work. You need counsel that understands all three. Gaines & Gaines focuses exclusively on representing employees and consumers, never large corporations. That means our loyalty and perspective are fully aligned with individuals who are trying to keep working while protecting their health and their rights.
When a Calabasas employee contacts us about a denied remote work request, we look at the whole picture. We review the job itself, the written and unwritten expectations, your performance history, and any prior periods of remote or hybrid work. We examine your medical limitations and how they interact with your duties, and we study the employer’s stated reasons for denial to see whether they hold up under ADA and FEHA standards. Then we advise you on realistic options, from improving how requests are framed, to pursuing internal remedies, to filing claims in the appropriate state or federal forum.
Because our attorneys have more than fifty years of combined experience and handle both individual cases and complex representative actions, we are also attuned to patterns. If your employer’s “no remote work” stance is part of a broader policy that sidelines disabled workers, we can factor that into our strategy. Throughout the process, we emphasize communication and transparency, keeping you informed and involved as decisions are made about your case.
If your health and your job feel like they are on a collision course over remote work, you do not have to navigate that conflict alone. We can help you understand your rights, evaluate your options, and push back when your employer refuses to give your situation the individualized, good faith consideration the law requires.
Call (866) 400-4450 to speak with Gaines & Gaines, APLC about your remote work accommodation options.