There is a trend of employees taking legal action against employers who mandate a return to the workplace. Claims vary but include allegations that return-to-office policies constitute discrimination against workers with disabilities, can exacerbate the burden of parents and caregivers, and might be considered retaliatory action against unionization efforts.
Business Takeaways: While some experts think these actions are an uphill battle for employee claimants, the point is that your policy should be intentional and bona fide. For instance, a “zero tolerance” remote work policy may be susceptible to challenge under the Americans with Disabilities Act (precluding an interactive process regarding disability accommodation). And, of course, past practice and consistency are important considerations.