Navigating ADA Requests In The Era Of Return-To-Office Mandates

Forbes

25-04-2025

Seth Turner is the Founder and Senior Advisor of AbsenceSoft . getty
Since companies started pushing return-to-office mandates, we've seen a significant uptick in employees submitting reasonable accommodation requests under the Americans with Disabilities Act (ADA). Why? Not everyone is willing or able to go back to the office, and employees are pulling the ADA into play in a completely new way. This massive shift in the use of the ADA requests started during Covid-19, when we learned that so many jobs could be done at home.
The problem: Not all requests for accommodations fall within the purview of the ADA. As such, employers are struggling to balance their employees' needs with their operational needs and legal obligations. This deluge of requests has placed a significant burden on human resource managers as they try to navigate the intricacies of the accommodations.
The ADA requires employers to provide reasonable accommodations unless it creates an undue hardship . The challenge is defining what's 'reasonable' in this new work environment. Before the pandemic, remote work was sometimes seen as an undue hardship. However, after it was proven possible during the pandemic, employers have to ensure their RTO plans are justifiable, clear and consistently applied. You can't tell someone they have to work in the office if five of their peers in the same job are remote.
Keep in mind that to be eligible for a reasonable accommodation under the ADA, the employee must:
• Have a disability or impairment that substantially limits a major life activity; and
• Be qualified to perform the essential functions of the role with or without a reasonable accommodation.
The ADA guidance can be vague, making it hard to determine what constitutes an undue hardship. The EEOC notes that employers should not deny a remote work accommodation 'solely because a job involves some contact and coordination with other employees.'
In AbsenceSoft's 2025 State of Leave and Accommodations , we found that remote work made up 51% of accommodation requests and was the most requested accommodation under the ADA. The second most frequently requested accommodation was intermittent leave or reduced schedules, which accounted for 46% of requests. And, for the second year in a row, the majority of HR managers we surveyed (60%) reported an increase in requests. Of those who saw an increase, 62% saw requests rise by 21% or more.
Mental health conditions like anxiety and PTSD are among the most common reasons for remote work requests. Autoimmune disorders and mobility impairments are also coming up frequently, with employees stating that commuting poses a health risk.
However, not all requests for reasonable accommodations fall under the ADA. We're hearing from HR managers that people are asking for an accommodation because they don't have child care, which is not a disability and, therefore, not a valid request under the ADA. Do employers need to allow remote work as a reasonable accommodation?
When it comes to reasonable accommodations, employers must conduct an individualized assessment rather than applying blanket policies. Remote work may not always be feasible; employers need clear justifications for in-office requirements. It's in everybody's best interest to make an accommodation where it makes sense. But if it doesn't make sense, then it's okay to say no.
Some accommodations can be alternatives to remote work. Maybe a neurodiverse employee needs to be at home for quiet time, or maybe they just need a quieter office or noise-canceling headphones instead. The Interactive Process: Engaging In Good-Faith Discussions
The interactive process involves gathering information, evaluating alternatives and implementing accommodations. It's a back-and-forth discussion where both the employer and employee explore possible accommodations. Employers must engage in a structured, documented dialogue with employees, and training managers to properly handle accommodation requests is crucial. Simply denying a request without considering alternatives can lead to legal trouble.
When an employer gets a request, they can use the interactive process to determine whether the employee's condition rises to the level of disability under the ADA, determine why the disability might necessitate working from home and offer other types of accommodations that would allow the person to remain in the workplace. Legal Risks Of Mishandling ADA Requests
Mishandling ADA requests can lead to legal action and reputational damage for the employer. As such, employers must be cautious about rejecting remote work requests without justification. Companies that outright reject remote work requests without considering alternatives are at risk of ADA lawsuits.
We've already seen litigation where employees claim they were unfairly denied accommodations that were granted during the pandemic. One example is the EEOC v. FedEx case that is currently pending litigation. In this case, a FedEx dispatcher worked remotely from 2020 to 2023 and asked to continue after FedEx required employees to return to the office, but the request was denied.
Conversely, not all accommodation requests based on what was allowed during COVID are reasonable. There was an EEOC case ( Jordan v. Norfolk Public School board ) where a school principal requested remote work because it was allowed at the beginning of the pandemic when schools switched to virtual learning environments. The court ruled the request was an undue hardship because principals need to be physically present to perform the essential duties of their job. Best Practices For HR And Legal Teams
First, employers should proactively define job roles and expectations to avoid legal gray areas and update job descriptions to clearly state which roles are remote, hybrid or in-office. HR teams should document every step of the interactive process and provide clear reasons if a request is denied.
Employers should embrace flexibility while maintaining legal compliance. That said, consistency is key—employees in the same role should be treated equally.
Update policies and train staff on ADA accommodations to minimize risks and prevent compliance issues. Training managers to handle accommodation discussions sensitively is critical because missteps can escalate into formal complaints. Engage in the interactive process for every request and present a menu of alternative accommodation options as part of the process. And, while you're at it, document everything in case a complaint arises.
With all of the policies, processes and documentation required to maintain compliance, many businesses find it useful to utilize technology to help them keep track of everything. Housing information, like when a process was kicked off, the decision criteria for denial or approval, records of supporting medical documentation and other pertinent information within a software platform, allows for easier access and reporting. Audit trails are very important, and if you're not leveraging automation and tracking, you're going to spend a lot of time on administration instead of focusing on the negotiation process.
At the end of the day, it's about balancing business needs with fairness to employees. The business value is clear: 56% of accommodations cost zero dollars and boost retention. When handled correctly, these accommodations increase productivity, morale, and employee loyalty.
The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.
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