Challenges Mounting For Employers As ADA Mental Health Rights Clash With RTO Mandates

• The Americans with Disabilities Act mandates that employers must provide reasonable accommodations — which could include remote work — for employees with disabilities, including mental health conditions.
• Increased awareness of these rights under the ADA could lead to significant changes in return-to-office dynamics, with more employees requesting remote work to manage mental health conditions.
• Employers must navigate these accommodation requests carefully, ensuring compliance with the law while balancing the benefits of in-person collaboration against the need to support employees’ mental health.

The intersection of mental health and workplace flexibility is becoming increasingly significant, yet many employees remain unaware of their ability to use the Americans with Disabilities Act (ADA) to request work-from-home (WFH) accommodations for mental health conditions. 

Understanding these rights could profoundly impact return-to-office (RTO) mandates, leading to new dynamics between employers and employees. 

ADA’s Role in Shaping RTO Policies 

The ADA requires that employers provide reasonable accommodations for employees with disabilities, including those with mental health conditions. Keith Sonderling, a Commissioner at the United States Equal Employment Opportunity Commission (EEOC), emphasized the importance of recognizing these legal protections in an interview with me. 

“Employers must engage in a cooperative process with employees who request accommodations for mental health conditions,” says Sonderling. “If an employee has a diagnosed mental health issue, the employer must consider accommodations, which may include remote work.” 

During the pandemic, many employees experienced the benefits of working from home, such as increased productivity and better work-life balance. While there is no inherent legal right in the U.S. to remote work, recent EEOC guidance clarifies that remote work can be a protected accommodation under the ADA when it is necessary for managing a disability. 

In Fall 2023, EEOC spokesperson Brandalyn Bickner emphasized that under the ADA, the requirement for “reasonable accommodation” includes “modifying workplace policies.” This may involve adjusting telework programs or waiving specific eligibility criteria to facilitate remote work for employees with disabilities. 

The EEOC is also enforcing these provisions rigorously. In a notable legal settlement, ISS Facility Services, Inc. agreed to a $47,500 payment to resolve an EEOC complaint alleging ADA violations. The case involved the company’s refusal to allow a disabled employee to continue part-time remote work. 

In another instance, the EEOC filed a complaint against a Georgia company for terminating a marketing manager who had requested to work remotely three days a week to manage her anxiety. 

Transforming RTO Policies Through ADA Awareness 

Despite the clear legal framework, many employees are unaware of their rights under the ADA. This lack of knowledge means that many may not realize they can request remote work as an accommodation for mental health conditions such as anxiety, depression, or PTSD. 

Many may not realize they can request remote work as an accommodation for mental health conditions such as anxiety, depression, or PTSD. 

Increased awareness among employees could lead to significant changes in the current RTO dynamics. 

To successfully request a WFH accommodation, employees need a formal diagnosis from a licensed mental health professional. This diagnosis must indicate that remote work is necessary for managing their condition. 

Sonderling explains, “The ADA protects employees with mental health conditions, but it requires a legitimate diagnosis and a documented need for the accommodation.” 

Once an employee provides the necessary documentation, employers must engage in an interactive process to determine a reasonable accommodation, which might include full or part-time remote work. 

As a consultant specializing in RTO and hybrid work, I have seen firsthand the concerns of business leaders regarding this issue. Many employers are keen to bring employees back to the office and I have advised my clients on how to do so to foster collaboration and trust. 

However, they must navigate the legal requirements and potential influx of accommodation requests, especially as mental health accommodation and ADA issues become more widely known. 

Sonderling stresses the importance of training for managers and HR professionals to handle these requests appropriately. 

“It’s vital for employers to understand that they cannot dismiss mental health accommodation requests out of hand,” he says. “Failure to engage in the interactive process can lead to significant legal repercussions.” 

Navigating the Impact of ADA Rights on RTO Mandates 

The implications of widespread awareness about these rights are considerable. If employees begin to use mental health claims to secure remote work, it could lead to a substantial increase in accommodation requests. 

This scenario poses a challenge for employers, who may need to adjust their RTO policies and procedures. 

Sonderling notes, “The ADA requires individualized assessments, and what works for one employee might not work for another. Employers need to navigate these requests carefully to avoid discrimination and ensure compliance with the law.” 

For employers, managing this complex issue requires a balanced approach. While in-person collaboration offers undeniable benefits, such as improved communication and team cohesion, accommodating employees’ mental health needs is essential to avoiding legal liability. 

Employers should develop clear, consistent policies for handling accommodation requests. This includes training managers to recognize legitimate mental health issues and understand the legal requirements. 

Employers should develop clear, consistent policies for handling accommodation requests.

Additionally, employers can explore creative solutions to balance remote work with in-office expectations. This might involve hybrid work schedules, flexible hours, or designated quiet spaces in the office for employees with anxiety. 

As the workplace continues to evolve, the interplay between mental health accommodations and remote work will remain a critical issue. Employers must inform their staff of their rights under the ADA and be prepared to accommodate legitimate mental health needs while maintaining operational efficiency. 

For leaders, the challenge is to create an inclusive work environment that supports mental health without sacrificing the benefits of in-person collaboration. By navigating this complex landscape thoughtfully and legally, employers can foster a workplace that respects employees’ mental health needs and drives business success.