12/19/2023

The Rising Legal Risks of Rigid Return-to-office Policies

Consider employees’ responsibilities in today’s landscape

Are employers walking into a legal storm by enforcing rigid return-to-office (RTO) mandates? The post-pandemic era presents a unique challenge as employers grapple with shifting workforce dynamics. The insistence on a full return to the office without considering individual circumstances could lead to a surge in legal issues, particularly discrimination claims. This concern isn’t mere speculation; it’s a reality backed by a significant uptick in workforce discrimination charges.

The disability discrimination dilemma

One of the most pressing issues is disability discrimination. With many employees having worked remotely for more than two years without a dip in productivity or performance, employers face a challenging legal landscape when justifying the need for in-person work.

Thomas Foley, executive director of the National Disability Institute, noted that he has "great concerns" about RTO for people with disabilities, including transportation to and from work, workplace accessibility and the potential to encounter micro- or larger aggressions. Brandalyn Bickner, a spokesperson for the U.S. Equal Employment Opportunity Commission (EEOC), said in a statement that the Americans With Disabilities Act’s (ADA) reasonable accommodation obligation includes "modifying workplace policies" and "might require an employer to waive certain eligibility requirements or otherwise modify its telework program for someone with a disability who needs to work at home."

Please select this link to read the complete article from Quality Digest.