Answer:

There’s a lot to unpack here, so let’s start with the return to office (RTO) policy. This has become a very common practice with companies as we move away from the ‘COVID’ era of business.

While nothing prevents an employer from implementing the policy, if an employee requests a disability accommodation, HR should engage in what’s colloquially referred to as ‘the interactive process’.

This process involves:

Determining if the accommodation is reasonable, determining whether the employee is eligible for an accommodation under the ADA, having a discussion between the employee and employer about the employee’s limitations, and determining whether those limitations prevent an employee from completing an essential function of the job. For a more complete overview of the interactive process, we recommend reading this article on the subject - LINK

The main question is whether or not the accommodation would create undue hardship for the company to accommodate the employee. ‘Undue Hardship’ is described by the Equal Employment Opportunity Commission (EEOC) as significantly difficult or causes an expense to the employer. An accommodation would be considered unreasonable if it was disruptive, substantial, or would alter the nature of the business. In this case, it’s important to assess whether continuing the accommodation remains reasonable and sustainable for both the employee and the company. The employee’s successful remote work over the past year suggests it may still be a viable option, though the impact of the new policy and the team’s needs should be factored into the decision.

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So then the question becomes, how does HR balance this accommodation with team needs?

Firstly, ADA accommodations are confidential, so while team members may feel frustration or jealousy, HR can’t disclose the reason for the employee working remotely. Instead, HR can address these concerns creatively.

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For example, if collaboration is a key reason behind the RTO policy, we can explore enhancing collaboration virtually through platforms like Microsoft Teams or Zoom. While in-person collaboration is often seen as more effective, virtual collaboration can be just as productive when used correctly. To help bridge the gap, you  could also provide training to the team on how to use these tools effectively. This would ensure everyone feels equipped and empowered to collaborate seamlessly, regardless of whether they are in the office or remote.

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Balancing an employee’s ADA accommodation with evolving company policies requires a thoughtful, collaborative approach. By engaging in the interactive process, maintaining confidentiality, and exploring creative solutions like virtual collaboration, HR can support both the employee and the organization. Periodically reviewing the accommodation will also help maintain flexibility as circumstances evolve.