A strict directive that all employees must return to the office and not work at home as they’ve done in the past can result in legal action against your company. Most of the legal risks involve disability discrimination law as a corporate disputes Lawyer can detail for you.
Working At Home Is Too Disruptive, Or Is It?
Prior to the COVID-19 pandemic, many employers asked to accommodate an employee’s psychological or physical disability by allowing them to work at home often said no, despite technological advances that made many office jobs possible remotely. They would claim it would be a problem because of workflows, office dynamics, or the potential loss of productivity.
When the pandemic hit, many companies faced the choice of allowing jobs at home or closing the business. With office staff disbursed but electronically connected, productivity may have improved. The time that employees used for commuting was spent working. Time need not be taken off due to issues involving children or older parents — they were addressed while the employee worked at home.
The pandemic has passed, and businesses have taken different approaches. Many have no offices, and everyone works from home. Some have a mix of days worked at an office and home. Others insist employees must physically return or face firing. Many of their workers quit to find a more work-at-home-friendly employer.
Working At Home Can Get The Most From Some Employees
Some disabled employees flourish when working at home. Before the pandemic, their accommodation requests may have been turned down, but they benefited from workplace challenges that sent everyone home.
Those who have problems with mobility no longer commuted to work. They didn’t need to navigate through an office building and offices. They stayed in homes that were equipped to meet their needs.
Many employees dealing with psychological or anxiety issues didn’t have the stress of being around others at work. They remained in a comfortable place, away from the noise and distractions of the workplace. They might listen to music they like or be close to a beloved pet.
Is Allowing An Employee To Work At Home An Undue Hardship?
Whether the issue you face is an existing employee and a return to office policy or a newer employee asking to work at home, under the federal Americans With Disabilities Act, the accommodation request must be reasonable and can be rejected if it’s not necessary to perform the essential functions of the job or it presents an undue hardship to the employer.
If your business functioned well with employees working from home, but you want everyone back for reasons that are difficult to quantify (teamwork or workplace culture), the fact your company got things done while employees worked from home can make a claim it’s an undue hardship tougher to make as our friends at Focus Law LA can explain.
Before the pandemic, someone claiming discrimination because they can’t work at home would probably meet resistance from the average judge or jury member because it was so unusual. Now, the judge assigned a discrimination case against you, and your jury members may have worked at home and preferred it. They may be sympathetic to the claims of a disabled employee wanting to do the same.
If you have questions about legal issues related to employees returning to the office or disability discrimination law, discuss them with your attorney.