If you work remotely, you might think workplace discrimination doesn’t affect you. In many ways, your home protects you from various things. However, there are instances where disability discrimination can appear in a remote setting.

Virtual work takes away physical barriers but introduces new digital barriers. As a California employee, having a safe workplace means equal accessibility to digital tools and fair treatment. If an employer ignores these rights, a San Diego disability discrimination attorney can help ensure your home office remains a safe work environment.

What is Remote Disability Discrimination?

The California Fair Employment and Housing Act (FEHA) requires employers with five or more employees to provide reasonable accommodations. This legal obligation applies to all employees, not just those in office buildings.

Remote disability discrimination often takes these forms:

  • Inaccessible Technology: Using software incompatible with screen readers or refusing to provide live captioning for virtual meetings.
  • Refusing Schedule Changes: Rejecting schedule modifications for medical treatments simply because the employee works from home.
  • Virtual Harassment: Targeting employees with disabilities with demeaning comments in video calls or group messages.

The Interactive Process Still Applies

When you ask for an accommodation, your employer is required to start a good faith interactive process. They cannot simply say “no” to specialized software or a flexible schedule. They must work with you to find a solution so you can perform your essential job functions.

Many employers assume that working from home is a complete accommodation on its own. However, that is not the case. Employees may still need ergonomic equipment, digital accessibility tools, or adjusted performance metrics to have equal opportunities.

The Hidden Risk of Working Out of Sight

Proximity bias is a small but growing form of remote discrimination. It occurs when managers pass over remote employees with disabilities for promotions or important assignments. Starting in 2025, courts increasingly view this as discrimination or retaliation if it follows a request for reasonable accommodation.

When to Take Action

Your employer may be violating state and federal laws if they deny you reasonable accommodations or fire you after disclosing a disability.

How to protect yourself

  • Put it in Writing: Always request accommodations through email to ensure that there is a paper trail.
  • Document Everything: Keep records of delayed requests or unfair feedback that come after your request.
  • Know Your Value: Remember that you have legal protections regardless of where you work.

In realizing that disability rights extend into the virtual workplace, we make the future of work accessible for everyone. It is important to consult an employment law attorney if you