As many workplaces pivoted to remote operations during COVID-19, requests to continue working from home have become more common—even after offices reopened. But a recent California Court of Appeal decision offers a critical reminder: denying remote work is not discriminatory if the employee does not have a qualifying disability.

In Allos v. Poway Unified School District (2025), the court upheld the dismissal of a former employee’s claims of disability discrimination and retaliation after her employer declined to approve her full-time remote work request. The key reason? She failed to prove she had a disability under California’s Fair Employment and Housing Act (FEHA).

Case Summary

The employee had worked remotely during the pandemic but requested to continue doing so after her employer resumed in-office work. Over two years, the employer engaged in six documented interactive process meetings, offering hybrid work accommodations and even a private office. At no point did they concede that she had a disability requiring accommodation.

Despite several doctors’ notes citing COVID-19 risk and personal caregiving responsibilities, the court found no sufficient medical evidence to establish a disability under FEHA. Additionally, the employer was shielded by governmental immunity for pandemic-related operational decisions.

The court reinforced that:

• Simply participating in the interactive process doesn’t mean the employer “regarded” the employee as disabled.
• Employers are not required to accommodate employees who do not have—or are not perceived to have—a qualifying disability.
• Caregiving responsibilities or fear of illness alone do not create a right to accommodation under FEHA.

Takeaways for Employers

This case highlights the importance of a clear, well-documented, and individualized accommodation process. Employers should:

• Promptly engage in and document the interactive process.
• Use medical certification forms to confirm if a disability exists.
• Be explicit during the process if the employer does not consider the employee disabled.
• Train managers to escalate accommodation requests to HR or legal.
• Consider alternatives to requested accommodations, including hybrid schedules or leave of absence.
• Consult legal counsel before denying a request, especially when there’s uncertainty around disability status or undue hardship.

At our firm, we advise employers to stay proactive and prepared when navigating accommodation requests. If you’re unsure about your obligations or how to structure your policies, reach out to our employment law team for guidance; contact our employment attorney Scott Liner at [email protected]. 

Ensuring compliance now can prevent costly litigation later.
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_{Please note that this article is for informational purposes only and should not be considered legal advice and does constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business and its practices.}