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Remote, Hybrid, and In-Person: The Crucial Role of Accommodations in Every Work Model

TL;DR: As workplace models shift, ensuring reasonable accommodations under the ADA, PWFA, and Title VII remains crucial, with diverse needs extending to remote work. HR's role is pivotal in fostering inclusivity and compliance, offering tailored accommodations and leveraging technology, enhancing the workplace experience, and minimizing legal risks.

Team Disclo
May 30, 2024

Introduction

With workplace models shifting from traditional in-person setups to hybrid and remote work environments, it's crucial to remember that workplace accommodations still matter. Whether your employees work in the office, from home, or a mix of both, providing reasonable accommodations remains a key responsibility under the Americans with Disabilities Act (ADA). 

Employees may have diverse needs beyond traditional office accommodations, even in remote environments. For instance, some employees might require specialized accessibility software, mental health support tools, or ergonomic advice for their home office setups. As HR managers, directors, and business partners, your role in ensuring an inclusive and productive work environment is more critical than ever.

Legal Framework and Obligations

The Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause an undue hardship. This applies to all workplace models—in-person, hybrid, or remote. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA and provides guidance on compliance.

Pregnant Workers Fairness Act (PWFA)

The PWFA mandates that employers provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions, similar to the accommodations provided under the ADA. This law ensures that pregnant workers are not forced to take leave when a reasonable accommodation could allow them to continue working.

In 2024, Littler reported that 53% of employers have seen an increase in requests pertaining to pregnancy, childbirth, or other related medical conditions following the implementation of the PWFA (source).

Title VII of the Civil Rights Act of 1964 (Religious Accommodations)

Title VII requires employers to provide reasonable accommodations for employees' sincerely held religious beliefs or practices unless it would cause undue hardship on the business. This may include accommodations such as flexible work schedules, dress code modifications, time off for religious observances and more.

Other Relevant Laws

In addition to the ADA, the Rehabilitation Act of 1973 and the ADA Amendments Act of 2008 (ADAAA) also play a crucial role in protecting the rights of employees with disabilities. These laws ensure qualified individuals have equal access to job opportunities and benefits.

Common Accommodations in Different Work Settings

By addressing the unique needs of employees, whether they work in-person, hybrid, or remote settings, reasonable accommodations help create equitable opportunities for success. This section explores common accommodations across various work environments, highlighting how tailored modifications can enhance productivity and well-being for all employees.

In-Person

For in-person work environments, accommodations might include:

  • Physical Modifications: Installing ramps, adjusting workstations, and ensuring accessible restrooms.
  • Assistive Technology: Providing screen readers, sound amplification aids, and other devices.
  • Flexible Work Schedules: Allowing non-traditional working hours or adjusting hours to accommodate medical appointments.
  • Interpreters and Sign Language Services: Ensuring effective communication for employees with hearing impairments.

Hybrid

Hybrid work requires a combination of in-person and remote accommodations:

  • Communication Strategies: Using video conferencing tools with captioning or sign language interpretation.
  • Technology Access: Ensuring employees have the necessary hardware and software at home and in the office.
  • Work Environment Adjustments: Modifying physical and virtual spaces to meet individual needs.

According to the 2024 Littler Annual Employer Survey, half of the respondents have received increased requests for hybrid or flexible work that are not related to any health/family issue or existing legal requirement (source).

Remote

For remote work environments, common accommodations include:

  • Home Office Modifications: Providing ergonomic chairs, adjustable desks, and other home office equipment.
  • Virtual Assistive Technologies: Ensuring access to screen readers, voice recognition software, and other tools.
  • Flexible Schedules: Allowing employees to work at times that best suit their needs and medical conditions.

Read More: 5 Strategies for Making Your Hybrid Work Environment Work 

Why Accommodations Matter in Every Work Model

In today's diverse and evolving work environments, offering reasonable accommodations isn't simply a legal requirement; it's an integral part of your modern people strategy. Accommodations can save time and costs, mitigate legal risks, and enhance employee experience—especially when managed by your internal HR or People team. Whether your organization operates in-person, remotely, or through a hybrid model, prioritizing accommodations can lead to a more engaged, productive workforce. Here are four key reasons why accommodations are essential in any work setting:

1. Minimize Expensive and Time-Consuming Outsourcing

Without an established accommodation policy or software in place, employers frequently invest substantial time and resources in consulting with employment lawyers, ADA experts, third-party administrators, and healthcare providers to ensure compliance and appropriateness of accommodations. 

This process proves both time-consuming and expensive, involving fees for external experts and potential implementation delays. However, by implementing a clear accommodation process and policy, organizations can eliminate their dependence on costly ad-hoc services, resulting in more efficient and cost-effective accommodation management.

2. Reduce FMLA (Leave) Utilization Costs

Managing employee absences can significantly challenge HR professionals, impacting productivity and budgetary considerations. 

Accommodations offer employers a proactive solution to reduce turnover and training costs associated with employee leave. By facilitating accommodations that allow employees to remain at work and be productive, employers can better mitigate the financial impact of employee leaves and maintain better operational continuity.

3. Uphold Legal Compliance and Fairness

Navigating legal compliance is a core responsibility for HR professionals, and ensuring fairness and compliance in the reasonable accommodation processes is essential. 

Legal mandates like the ADA reinforce the critical importance of reasonable accommodations in all work settings. Compliance with these laws not only prevents discrimination but also ensures that workplaces are fair, accessible, and inclusive for all individuals. By proactively addressing employee needs and ensuring equal treatment, HR professionals can safeguard the organization against legal liabilities and protect its reputation.

4. Maximize Organizational Success

HR professionals are often at the forefront of employee relations, tasked with maintaining high satisfaction and retention levels. 

Reasonable accommodations can be crucial in achieving these objectives by improving productivity, morale, and workplace culture. HR professionals can demonstrate their commitment to employee well-being and contribute to a positive work environment by facilitating the reasonable accommodations process. 

The 2024 Littler Annual Employer Survey indicates that 74% of respondents reported increased employee requests for mental health-related accommodations over the last year, reflecting employees’ increased willingness to disclose psychological conditions following the pandemic (source).

Leveraging Accommodation Software — How Disclo Can Help

To streamline the accommodation process and mitigate legal risks, Disclo offers a comprehensive solution for HR leaders. Here are several key advantages of using Disclo:

  • Time and Cost Savings: Disclo helps organizations save significant time and reduce costs associated with manual handling and potential legal disputes. HR teams can reclaim valuable time and resources by streamlining tasks like documentation, processes, and communication, so they can focus more on their strategic people and talent initiatives.
  • Process Automation: Disclo tracks requests for reasonable accommodations and the interactive process with automated documentation, ensuring compliance with federal laws and minimizing the risk of human error.
  • Lawsuit Risk Reduction: Ensuring compliance and proper documentation through Disclo minimizes the risk of lawsuits related to accommodation claims. Plus, staying updated with the latest EEOC and ADA guidelines reduces the risk of non-compliance and potential lawsuits.
  • Reduction of FMLA Leave Utilization: Providing effective reasonable accommodations through Disclo can reduce the need for employees to take Family and Medical Leave Act (FMLA) leave, as their needs are met within the workplace.
  • Improved Employee Experience: Disclo's streamlined processes and timely accommodations enhance the overall employee experience, contributing to higher satisfaction and engagement.
  • Expert Support and Consultation: Disclo offers access to expert support and consultation, helping HR teams navigate complex accommodation scenarios and legal requirements.

To learn more about how Disclo can help you implement a consistent and compliant reasonable accommodation policy and process, ultimately supporting your goal of creating an inclusive workplace, to go Disclo.com

Best Practices for HR Managers and HR Directors

Conduct Needs Assessments

Conduct needs assessments regularly to understand your employees' specific reasonable accommodation requirements. This will help you create personalized accommodation plans.

Start your assessment with Disclo’s ADA Readiness Checklist

Utilize Technology

Leverage technology and tools to facilitate the reasonable accommodations process. For example, video conferencing tools with captioning can be used for remote meetings, and screen readers can be provided for visually impaired employees.

Build a Supportive Culture

Foster a supportive and inclusive workplace culture. Encourage open communication and clarify that requesting accommodations is a normal and accepted part of the workplace.

Conclusion

Reasonable accommodations are essential across all workplace models—in-person, hybrid, or remote. As HR managers and HR directors, it's your responsibility to ensure that your workplace is inclusive and accessible to all employees. By prioritizing reasonable accommodations and continuously evaluating and improving your practices, you can support all employees and create a more productive and positive work environment.

Explore Further

By implementing these strategies and utilizing the resources available, including accommodation software, you can ensure that your organization complies with federal laws and supports all employees in achieving their full potential.

Related Resources

For further reading and resources on managing hybrid work environments and mental health accommodations, consider visiting the Job Accommodation Network (JAN), the EEOC website, or accessing tools specifically designed for HR professionals like those provided by Disclo.

About Disclo

Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place. 

Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.

Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.

Introduction

With workplace models shifting from traditional in-person setups to hybrid and remote work environments, it's crucial to remember that workplace accommodations still matter. Whether your employees work in the office, from home, or a mix of both, providing reasonable accommodations remains a key responsibility under the Americans with Disabilities Act (ADA). 

Employees may have diverse needs beyond traditional office accommodations, even in remote environments. For instance, some employees might require specialized accessibility software, mental health support tools, or ergonomic advice for their home office setups. As HR managers, directors, and business partners, your role in ensuring an inclusive and productive work environment is more critical than ever.

Legal Framework and Obligations

The Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause an undue hardship. This applies to all workplace models—in-person, hybrid, or remote. The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA and provides guidance on compliance.

Pregnant Workers Fairness Act (PWFA)

The PWFA mandates that employers provide reasonable accommodations to workers affected by pregnancy, childbirth, or related medical conditions, similar to the accommodations provided under the ADA. This law ensures that pregnant workers are not forced to take leave when a reasonable accommodation could allow them to continue working.

In 2024, Littler reported that 53% of employers have seen an increase in requests pertaining to pregnancy, childbirth, or other related medical conditions following the implementation of the PWFA (source).

Title VII of the Civil Rights Act of 1964 (Religious Accommodations)

Title VII requires employers to provide reasonable accommodations for employees' sincerely held religious beliefs or practices unless it would cause undue hardship on the business. This may include accommodations such as flexible work schedules, dress code modifications, time off for religious observances and more.

Other Relevant Laws

In addition to the ADA, the Rehabilitation Act of 1973 and the ADA Amendments Act of 2008 (ADAAA) also play a crucial role in protecting the rights of employees with disabilities. These laws ensure qualified individuals have equal access to job opportunities and benefits.

Common Accommodations in Different Work Settings

By addressing the unique needs of employees, whether they work in-person, hybrid, or remote settings, reasonable accommodations help create equitable opportunities for success. This section explores common accommodations across various work environments, highlighting how tailored modifications can enhance productivity and well-being for all employees.

In-Person

For in-person work environments, accommodations might include:

  • Physical Modifications: Installing ramps, adjusting workstations, and ensuring accessible restrooms.
  • Assistive Technology: Providing screen readers, sound amplification aids, and other devices.
  • Flexible Work Schedules: Allowing non-traditional working hours or adjusting hours to accommodate medical appointments.
  • Interpreters and Sign Language Services: Ensuring effective communication for employees with hearing impairments.

Hybrid

Hybrid work requires a combination of in-person and remote accommodations:

  • Communication Strategies: Using video conferencing tools with captioning or sign language interpretation.
  • Technology Access: Ensuring employees have the necessary hardware and software at home and in the office.
  • Work Environment Adjustments: Modifying physical and virtual spaces to meet individual needs.

According to the 2024 Littler Annual Employer Survey, half of the respondents have received increased requests for hybrid or flexible work that are not related to any health/family issue or existing legal requirement (source).

Remote

For remote work environments, common accommodations include:

  • Home Office Modifications: Providing ergonomic chairs, adjustable desks, and other home office equipment.
  • Virtual Assistive Technologies: Ensuring access to screen readers, voice recognition software, and other tools.
  • Flexible Schedules: Allowing employees to work at times that best suit their needs and medical conditions.

Read More: 5 Strategies for Making Your Hybrid Work Environment Work 

Why Accommodations Matter in Every Work Model

In today's diverse and evolving work environments, offering reasonable accommodations isn't simply a legal requirement; it's an integral part of your modern people strategy. Accommodations can save time and costs, mitigate legal risks, and enhance employee experience—especially when managed by your internal HR or People team. Whether your organization operates in-person, remotely, or through a hybrid model, prioritizing accommodations can lead to a more engaged, productive workforce. Here are four key reasons why accommodations are essential in any work setting:

1. Minimize Expensive and Time-Consuming Outsourcing

Without an established accommodation policy or software in place, employers frequently invest substantial time and resources in consulting with employment lawyers, ADA experts, third-party administrators, and healthcare providers to ensure compliance and appropriateness of accommodations. 

This process proves both time-consuming and expensive, involving fees for external experts and potential implementation delays. However, by implementing a clear accommodation process and policy, organizations can eliminate their dependence on costly ad-hoc services, resulting in more efficient and cost-effective accommodation management.

2. Reduce FMLA (Leave) Utilization Costs

Managing employee absences can significantly challenge HR professionals, impacting productivity and budgetary considerations. 

Accommodations offer employers a proactive solution to reduce turnover and training costs associated with employee leave. By facilitating accommodations that allow employees to remain at work and be productive, employers can better mitigate the financial impact of employee leaves and maintain better operational continuity.

Curious to see how accommodations can support your employees?

Schedule a free demo today.
Thank you! Your submission has been received!
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3. Uphold Legal Compliance and Fairness

Navigating legal compliance is a core responsibility for HR professionals, and ensuring fairness and compliance in the reasonable accommodation processes is essential. 

Legal mandates like the ADA reinforce the critical importance of reasonable accommodations in all work settings. Compliance with these laws not only prevents discrimination but also ensures that workplaces are fair, accessible, and inclusive for all individuals. By proactively addressing employee needs and ensuring equal treatment, HR professionals can safeguard the organization against legal liabilities and protect its reputation.

4. Maximize Organizational Success

HR professionals are often at the forefront of employee relations, tasked with maintaining high satisfaction and retention levels. 

Reasonable accommodations can be crucial in achieving these objectives by improving productivity, morale, and workplace culture. HR professionals can demonstrate their commitment to employee well-being and contribute to a positive work environment by facilitating the reasonable accommodations process. 

The 2024 Littler Annual Employer Survey indicates that 74% of respondents reported increased employee requests for mental health-related accommodations over the last year, reflecting employees’ increased willingness to disclose psychological conditions following the pandemic (source).

Leveraging Accommodation Software — How Disclo Can Help

To streamline the accommodation process and mitigate legal risks, Disclo offers a comprehensive solution for HR leaders. Here are several key advantages of using Disclo:

  • Time and Cost Savings: Disclo helps organizations save significant time and reduce costs associated with manual handling and potential legal disputes. HR teams can reclaim valuable time and resources by streamlining tasks like documentation, processes, and communication, so they can focus more on their strategic people and talent initiatives.
  • Process Automation: Disclo tracks requests for reasonable accommodations and the interactive process with automated documentation, ensuring compliance with federal laws and minimizing the risk of human error.
  • Lawsuit Risk Reduction: Ensuring compliance and proper documentation through Disclo minimizes the risk of lawsuits related to accommodation claims. Plus, staying updated with the latest EEOC and ADA guidelines reduces the risk of non-compliance and potential lawsuits.
  • Reduction of FMLA Leave Utilization: Providing effective reasonable accommodations through Disclo can reduce the need for employees to take Family and Medical Leave Act (FMLA) leave, as their needs are met within the workplace.
  • Improved Employee Experience: Disclo's streamlined processes and timely accommodations enhance the overall employee experience, contributing to higher satisfaction and engagement.
  • Expert Support and Consultation: Disclo offers access to expert support and consultation, helping HR teams navigate complex accommodation scenarios and legal requirements.

To learn more about how Disclo can help you implement a consistent and compliant reasonable accommodation policy and process, ultimately supporting your goal of creating an inclusive workplace, to go Disclo.com

Best Practices for HR Managers and HR Directors

Conduct Needs Assessments

Conduct needs assessments regularly to understand your employees' specific reasonable accommodation requirements. This will help you create personalized accommodation plans.

Start your assessment with Disclo’s ADA Readiness Checklist

Utilize Technology

Leverage technology and tools to facilitate the reasonable accommodations process. For example, video conferencing tools with captioning can be used for remote meetings, and screen readers can be provided for visually impaired employees.

Build a Supportive Culture

Foster a supportive and inclusive workplace culture. Encourage open communication and clarify that requesting accommodations is a normal and accepted part of the workplace.

Conclusion

Reasonable accommodations are essential across all workplace models—in-person, hybrid, or remote. As HR managers and HR directors, it's your responsibility to ensure that your workplace is inclusive and accessible to all employees. By prioritizing reasonable accommodations and continuously evaluating and improving your practices, you can support all employees and create a more productive and positive work environment.

Explore Further

By implementing these strategies and utilizing the resources available, including accommodation software, you can ensure that your organization complies with federal laws and supports all employees in achieving their full potential.

Related Resources

For further reading and resources on managing hybrid work environments and mental health accommodations, consider visiting the Job Accommodation Network (JAN), the EEOC website, or accessing tools specifically designed for HR professionals like those provided by Disclo.

About Disclo

Built by 2x disability-focused founders, the software is a workplace ADA and PWFA accommodations platform for companies focused on making workplaces inclusive for everyone. Disclo is a HIPAA-compliant platform that requests, tracks, and manages workplace accommodations—all in one place. 

Disclo makes handling accommodations seamless by combining automation, in-app medical e-verification, out-of-the-box analytics (so you can auto-track against EEOC and ADA standards), and the ability to connect to any HRIS and ATS with pre-built integrations.

Strengthen workplace inclusivity and future-proof ADA and PWFA processes while establishing a digital paper trail for your organization. Learn more at disclo.com/demo.

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