The Risks of Rolling Back Remote Work: ADA Compliance & Employer Responsibilities
By: Rasul A. Wright
Since the COVID-19 global pandemic in 2020, the core values of American organizational culture have shifted. This shift led to an increased reliance on remote work and hybrid business models. [1] Modifications to these models evolved in unexpected ways, introducing new variations of work in the 21st century. While many companies have adapted to these new demands, they now face a critical question: How do we move forward after the COVID pandemic? [2] Different approaches to this question indicate a decline in remote work options and a rebound to the five-day workweek. With the influx of companies abandoning hybrid models and mandating five-day office weeks, new legal concerns have arisen—particularly concerning the Americans with Disabilities Act (ADA). [3]
On September 16, 2024, Amazon’s Chief Executive, Andy Jassy, announced that starting in January, the company would mandate that workers return to the office five days a week. This announcement makes Amazon the first Big Tech company to require a full in-office week post-pandemic. [4] Prior to the announcement, Amazon employees were only required to work from the office three days a week, with the remaining two days being virtual. When asked about the new policy, Jassy stated, “[w]hen we look back over the last five years, we continue to believe that the advantages of being together in the office are significant.” [5] Since then, multiple other Big Tech companies have followed suit in modifying their hybrid work policies, including SAP, AT&T, and Dell. [5]
However, Amazon’s recent announcement produces significant legal concerns. Like many large companies, Amazon could face legal challenges if it fails to accommodate employees who can only perform essential functions remotely due to their disabilities. [6] Under the ADA, an employer must provide reasonable accommodations to an employee with a disability, provided that those accommodations allow the employee to perform essential job functions and do not cause an undue hardship to the employer. [7] In the pre-COVID-19 era, employers often rejected telework as a reasonable accommodation, citing that it would not allow employees to fulfill their essential job functions or would cause undue hardship on the company. However, through a post-COVID-19 lens, it has become more difficult for employers to argue that telework presents an undue hardship. [8]
Since the lifting of COVID-19 restrictions, several companies have been sued for failing to provide reasonable accommodations or for refusing to engage in an interactive process to find such accommodations—especially in situations where remote or hybrid work was previously allowed during the pandemic. For example, Delta Airlines faced backlash over inadequate accommodation practices, resulting in the adoption of programs to ease the transition from hybrid work schedules to full-time, in-office work. [9] In the case of Kiesel v. Delta Air Lines, Inc., 2024 U.S. Dist. LEXIS 124011, the United States District Court for the Northern District of Georgia addressed the difficulties Delta faced when transitioning from pandemic-era remote work to post-pandemic office requirements. [10] The plaintiff, Joseph Kiesel, a former Delta employee, brought an employment discrimination suit claiming that Delta violated the ADA by failing to offer reasonable accommodations for his disability (Type 1 Diabetes). [11] The court ruled that Delta had complied with the ADA by offering accommodations through its internal program for employees unable to perform certain job functions. This lawsuit highlights the challenges companies face in complying with ADA requirements when mandating employees return to the office, especially for those who may need additional accommodations.[12]
For companies, maintaining flexibility and constant communication is essential when implementing post-pandemic return-to-office policies. Furthermore, it is crucial for companies to provide programs that reasonably accommodate employees with disabilities to avoid ADA violations. As companies continue to navigate hybrid work environments, the legal landscape is being shaped by lawsuits, which could ultimately influence how remote work and accommodations are managed in the long term. [14]