Return-to-Office Policies and the ADA
Travis Thickstun, JD
Many employers adopted work-from-home policies during the COVID-19 pandemic. When the pandemic subsided, some employers adopted return-to-office policies or hybrid (remote and in-person) work policies.
If your employer declares a return-to-office policy, you should abide by the policy unless you have an ongoing accommodation to work from home under the Americans with Disability Act (ADA).
Under the ADA, an employee with a qualifying disability may be able to request reasonable workplace accommodations, provided that the employee is able to perform the essential functions of her job with or without such accommodations and the accommodations do not impose an undue hardship on the employer.
Disabled employees who worked from home during the pandemic are not automatically entitled to an accommodation to work from home permanently. The reasonableness of accommodations depends on the employer's business situation, which can change over time.
For example, the employer may be able to deny an ongoing work-from-home accommodation if working from home would now pose an undue hardship on the employer or prevent the employee from performing the essential functions of her job. Before making a decision on whether to grant or deny a given workplace accommodation, the employer should engage in an interactive process with the employee to identify possible solutions.
Thickstun Luo LLC may be able to help you pursue a legal claim if your employer discriminated against you based on your disability, in violation of the ADA. Contact us today for a consultation.
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