Working from home took on new meaning in the wake of the COVID-19 pandemic. From teachers and office workers to professional services, there was a massive shift for employees in almost every industry to work from home. However, as we have since adapted to the “new normal” of hybrid work arrangements, many companies have introduced Return to Office (RTO) policies or mandates which have been met with mixed feedback from employees.

RTO policies may be positioned as improving collaboration and productivity, but it can also be a discriminatory policy for individuals with disability accommodations to work from home. Let’s dig deeper into RTO policies and how employees may be eligible to file a disability discrimination lawsuit when these policies are wrongfully enforced.

What is a Return to Office Policy?

Return to Office policies have emerged in recent years as a solution to shifting away from fully remote work. These guidelines or policies can take many different forms and vary from one workplace to another. Examples include:

  • Hybrid Work Schedule: Employees can work a combination of days in the office and remotely (e.g. 3 or 4 days/week in the office.)
  • Compressed Workweek: Condensing the workweek into fewer but longer days in the office, such as four 10-hour days.
  • Open Collaboration Spaces: Moving from assigned office spaces to open coworking areas, where employees can come and go as they please.
  • Staggered Shifts: Employees work in shifts to reduce office density, particularly if the office has downsized since 2020.

Some employers have moved to eliminate remote work entirely and implement a 100% return to office.

RTO policies are not inherently illegal: employers have the right to specify where and how job duties are performed. Typically, the problem is the way these policies are enforced. When an employee with disability accommodations to work from home is penalized for noncompliance with a Return-to-Office mandate, the employee may have legal grounds to file a charge of disability discrimination. Contact a disability discrimination lawyer for more information.

Return to Office Discrimination: 5 Key Takeaways for Employees

1. Know Your Rights Under the ADA.

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities — which includes physical and mental health conditions. For instance, since the COVID-19 pandemic, depression and anxiety diagnoses have increased 25%. This surge in mental health conditions has contributed to a recent uptick in disability discrimination complaints from employees who have met resistance in the workplace.

2. The Right to Request a Reasonable Accommodation.

Employees have the right to reasonable accommodations that enable them to perform their job duties effectively, unless it would cause an undue hardship to the employer. Reasonable accommodations may include modifications to workspaces, flexible scheduling, telework options, or adjustments to job duties. The Equal Employment Opportunity Commission (EEOC) has ruled working remotely IS a reasonable accommodation.

3. How to Request a Disability Accommodation.

If you have a disability that requires accommodations, follow your employer’s procedure to request a disability accommodation. Clearly articulate your needs and provide any necessary documentation from your healthcare provider to support your request.

Your employer has the right to request proof or verification of a health condition, and to ask questions that are directly related to your job duties. They do NOT have the right to ask invasive questions about your health condition which are unrelated to your job duties. If you have any concerns, you can reach out to a disability discrimination attorney at any point.

4. Pay Attention to How RTO Policies Are Enforced.

Look out for these potential disability discrimination examples:

  • Blanket in-person attendance policies 
  • Attendance policies which create an undue burden on employees who have a health condition that requires doctor appointments 
  • Physical accessibility issues of the office or workspace, such as a broken elevator or lack of handicap parking spaces
  • Failure to consider alternative work arrangements 
  • Ignoring mental health accommodations 
  • Unwillingness to modify job duties or provide assistive technology
  • Being passed over for promotion or given a negative workload increase after an accommodation request
  • Wrongful termination

5. Reach Out to a Disability Discrimination Attorney Near You.

If your employer’s Return to Office policy has created unnecessary challenges or hardship, contact our disability discrimination attorneys. You have the right to consult a lawyer at any time. A workplace discrimination attorney can help you request an accommodation, and report a discrimination complaint to your employer and the EEOC.

Herrmann & Murphy’s Disability Discrimination Attorneys in North Carolina and South Carolina Will Fight For You

Living with a disability is challenging enough. When a company implements a Return to Work policy with harmful consequences for an employee with a disability, the employee does not have to suffer in silence. If you believe you have experienced disability discrimination in the workplace in North Carolina or South Carolina, contact the disability discrimination lawyers at Herrmann & Murphy to discuss your concerns.     

Our attorneys will help you get the disability accommodations you need, and deserve. To discuss moving forward with a Return to Office lawsuit, submit an intake form online, or make an appointment at one of our two locations:

  • To reach our Charlotte, North Carolina law office: Call (704) 940-6399
  • To reach our Greenville, South Carolina law office: Call (864) 516-7526

OUR RESULTS: See our disability discrimination lawsuit settlements and other notable case results.

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