The Americans with Disabilities Act (ADA) defines a qualified disability as “an impairment that substantially limits one or more major life activities.” This includes activities such as walking, seeing, hearing, speaking, breathing, working, learning, and caring for oneself.

Is this definition sufficient?

While the ADA’s definition of a qualified disability provides a broad framework for protecting individuals with disabilities, it can be challenging to apply in practice. Some critics argue that the definition is too narrow and excludes individuals with impairments that do not significantly limit one or more major life activities. Others argue that the definition is too broad and could lead to employers being burdened with unreasonable accommodations.

Reasonable Accommodations

The ADA requires employers to make reasonable accommodations for qualified individuals with disabilities, unless doing so would cause undue hardship. This means that employers must modify their workplace or job duties to allow individuals with disabilities to perform the essential functions of their jobs.

Undue Hardship

An undue hardship is a significant difficulty or expense that would impose a substantial burden on the employer. Whether an employee’s request for a remote work arrangement constitutes an undue hardship depends on the specific circumstances of the case.

Factors that may be relevant in determining whether a remote work arrangement is an undue hardship include:

• The nature of the employee’s job
• The size and resources of the employer
• The cost of accommodating the employee
• The effect on the employer’s operations

Conclusion

The ADA’s definition of a qualified disability is a valuable tool for protecting individuals with disabilities. However, it can be challenging to apply in practice, and there may be instances where the definition is too narrow or too broad.

Employers have a legal obligation to make reasonable accommodations for qualified individuals with disabilities. Whether a remote work arrangement constitutes an undue hardship depends on the specific circumstances of the case. It is important to carefully consider all relevant factors when making such a determination.