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If They Only Knew How to Leverage the ADA to Fight RTO Mandates

Considering the right to work remotely and recent guidance from the EEOC

Photo by Annie Spratt on Unsplash

 

Gleb Tsipursky
Thu, 07/11/2024 - 12:03
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Many employees are unaware that they can leverage the Americans with Disabilities Act (ADA) to request work-from-home (WFH) accommodations based on mental health conditions. This knowledge gap has the potential to reshape the “return to office” (RTO) landscape, creating both opportunities and challenges for employees and employers alike.

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RTO mandates and the ADA

The ADA requires employers to provide reasonable accommodations to employees with disabilities, including mental health conditions. Keith Sonderling, commissioner at the U.S. Equal Employment Opportunity Commission (EEOC), told me about the importance of understanding these legal protections. “Employers must engage in an interactive process with employees who request accommodations for mental health conditions,” he said. “If an employee is diagnosed with a mental health issue, the employer is obligated to consider accommodations, which could include remote work.”

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