As businesses increasingly enforce return-to-office (RTO) policies, remote work has emerged as a common requested disability accommodation—and a driver of legal friction between employers and workers. In the July 28, 2026, Massachusetts Lawyers Weekly article, “Remote work disability accommodations fuel legal clashes” by Kris Olson, the author highlights how the nationwide push back to physical workplaces is creating a surge in discrimination complaints and court challenges over whether in-person presence is truly an essential job function. For both corporate leaders shaping policy and employees seeking reasonable accommodations under our disability laws (e.g. M.G.L. c. 151B or the Americans with Disabilities Act (ADA)), understanding how legal standards are shifting is critical to navigating these disputes.
During the COVID-19 pandemic, many employers operated successfully with an almost entirely remote workforce, compelled by the public health need for social distancing. It was evident that in some industries, remote work was effective. Today, many businesses increasingly claim the loss of in-office interaction is a material detriment to virtual work. The efficiency of face-to-face meetings, the ease of collaboration, improved social connections, reduction of in-home distractions, improved productivity, avoidance of technology glitches, and other factors are routinely touted as the reasons why a return to the office is required.
While the pandemic has now abated, many employees continue to seek remote work options in the face of this trend towards a physical return to the office. The significant and disproportionate impact on employees with disabilities returning to in-office work has led to a rise in remote work accommodations requests. Bennett & Belfort founding partner David E. Belfort commented for the MLW article: “Years of successful, albeit not ideal, remote performance may undermine an employer’s claim that physical presence is an essential function of the job, making this one of the central questions in disability accommodation disputes.”
As Attorney Belfort notes, the multi-year experience of widespread remote work during the pandemic created a powerful evidentiary record for employees. When an individual has successfully fulfilled their responsibilities from home for months, or years, an employer faces a steep burden in proving that physical attendance has suddenly become “essential.” In response, employers frequently raise specific legal defenses—arguing that in-person collaboration, spontaneous teamwork, or direct supervision are mandatory job requirements, or that continued remote arrangements cause an undue operational burden. However, employees and their advocates might counter these defenses by presenting objective performance records from their remote tenure and seek to prove, with the support of treating medical professionals, that proposed in-office alternative accommodations fail to meet their disability-related needs.
While employers retain authority to terminate temporary remote arrangements, courts and civil rights agencies are increasingly examining the precise factual realities of each case rather than accepting blanket workplace mandates. This individualized inquiry has historically been part of the standard analysis and continues to play a prominent role in assessing accommodation requests. When companies issue sweeping return-to-office directives without evaluating individual medical circumstances or pre-existing remote performance, they significantly increase their legal exposure to disability discrimination claims.
Employers are cautioned to maintain up-to-date job descriptions, ensuring consistent policies across departments, and thoroughly documenting every step of the interactive dialogue. For employees seeking continued remote work, early documentation of medical necessity and demonstrated past positive performance remains vital.
Navigating the legal interplay between return-to-office demands and disability rights requires careful analysis and should be accomplished with the assistance of experienced employment counsel. Bennett & Belfort PC provides broad based employment law representation throughout Massachusetts including as to disability rights, navigating return-to-office mandates, reasonable accommodation requests, or disability discrimination disputes.
