Among the flurry of first-week executive orders issued by the Trump administration, President Trump ordered federal workers to report back to the office. Federal agencies and departments must take all necessary steps to end telework arrangements and require federal employees to work in-person full-time, rather than hybrid arrangements that nearly all federal employees currently have.
This executive order is sending ripples throughout the private sector, emboldening employers already eager to resume in-office work and arming them with another “arrow in their quiver” for requiring their employees to work in the office, rather than remotely. The question remains whether the private sector can ever really return to full-time in-the-office work, now that hybrid work has become so popular and, in actuality, demanded by candidates seeking employment.
Among the various employee relations and legal issues posed by a return-to-office requirement is the issue of reasonable accommodation under federal – the Americans with Disabilities Act (“ADA”) - and state disability laws that protect employees who experience physical or mental disabilities.
As a refresher, remote work can be considered a reasonable accommodation under the ADA if an employee has a disability that prevents them from performing their job duties effectively in a traditional office setting, and if the essential functions of their job can be performed remotely without causing undue hardship to the employer; essentially, if their health condition necessitates working from home to fulfill their job responsibilities.
Key points to consider:
- Job Requirements
The most important factor is whether the essential functions of the job can be performed remotely. See our colleague, Liam McMillin’s 2024 post discussing whether working in an office is an essential function of the job. - Medical Documentation
Employees seeking remote work as an accommodation typically need to provide medical documentation supporting their disability and how it impacts their ability to work in an office setting. - Employer’s Burden
The employer must assess whether providing remote work would create an undue hardship, considering factors like the cost of technology, potential disruption to team dynamics, and the nature of the job.
As employees continue to seek remote/hybrid work opportunities and employers seek a higher in-office complement of workers, it’s important for an employer to develop a clear and detailed policy addressing the employer’s position on hybrid and remote work. A best-in-class hybrid work policy should cover the following key aspects: eligibility for hybrid work, designated in-office days, work schedule expectations, communication guidelines, technology requirements, security protocols, expectations for collaboration, and consequences for non-compliance. Essentially, creating a policy that clearly outlines where, when, and how employees can work both in-office and remotely, while setting clear expectations for productivity and communication across different work environments.
For more information or questions, please reach out to Bricker Graydon’s Labor & Employment team. We’re here to help!
