Your Employer's RTO Mandate Does Not Override Your Disability Rights
Companies across the country are ordering workers back to the office full time. Amazon, JPMorgan Chase, Deloitte, and others have eliminated remote work options entirely. For most workers, this is a policy decision they have to live with.
For workers with disabilities, it is a legal question. The Americans with Disabilities Act requires employers to provide reasonable accommodations, including remote work, when a disability makes in-office attendance difficult or impossible. A company-wide return-to-office policy does not change that obligation. The ADA is a federal law. An RTO memo is not.
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The Numbers: RTO Is Driving a Surge in Disability Lawsuits
Workers are pushing back. In 2025, plaintiffs filed nearly 6,800 disability accommodation cases in federal court, a year-over-year increase of roughly 42%. Disability claims now appear in more than 40% of all EEOC merit lawsuits.
The driving force behind this surge is the collision between aggressive return-to-office mandates and the rights of workers with disabilities. When employers revoke remote work arrangements that were previously provided as accommodations, or refuse to consider remote work requests from disabled employees, the law provides a clear path to challenge that decision.
~6,800
Federal disability accommodation cases filed in 2025
42%
Year-over-year increase
40%+
Share of EEOC merit lawsuits involving disability
These are not theoretical risks for employers. They are active cases working through the courts right now, producing real consequences: six-figure settlements, class actions against some of the largest companies in the country, and EEOC enforcement actions with multi-year consent decrees.
What the Law Says: The ADA Still Applies During an RTO Mandate
The Americans with Disabilities Act (42 U.S.C. 12112) requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities. A "reasonable accommodation" is any modification to the job or workplace that enables the employee to perform the essential functions of the position. Remote work is explicitly included in the EEOC's definition of reasonable accommodation (29 C.F.R. 1630.2(o)).
An employer can only deny a reasonable accommodation if it would cause "undue hardship," defined as significant difficulty or expense. The burden is on the employer to prove undue hardship, not on you to prove the accommodation is possible.
An RTO policy is an internal business decision. The ADA is a federal statute.
Employers cannot use a company policy to override their statutory obligation to accommodate disabled workers. Even during a company-wide return-to-office rollout, each accommodation request must be evaluated individually.
Previously approved accommodations cannot be revoked automatically.
The EEOC has stated that when an employer changes its remote work policy, it may re-evaluate existing accommodations, but cannot simply revoke them. The employer must go through the interactive process again and demonstrate that continued remote work now causes undue hardship.
You do not need to prove the accommodation is "necessary."
The Second Circuit ruled in 2025 that an employee does not need to show an accommodation is strictly necessary to perform the job. You only need to show the accommodation is "reasonable," meaning it enables you to work with less pain, fewer flare-ups, or reduced barriers. This is a lower standard than many employers assume.
The EEOC reinforced these principles in 2025 when it issued joint guidance with the Office of Personnel Management (OPM) in response to the federal government's own RTO mandate. That guidance confirmed that return-to-office orders are a "material change in circumstances" that permits re-evaluation of accommodations, but does not permit wholesale denial. While the guidance was written for federal agencies, the same ADA principles apply to every private employer with 15 or more employees.
The Interactive Process: What Your Employer Must Do
When you request a reasonable accommodation, your employer is legally required to engage in an "interactive process": a back-and-forth dialogue to identify an accommodation that works. It is not optional. If your employer skips it, that alone can be an ADA violation.
You communicate a need
You tell your employer you need a change because of a medical condition. You do not need to use the words "ADA" or "reasonable accommodation." A simple statement like "I need to continue working from home because of my condition" is enough to trigger your employer's obligation.
Your employer responds promptly
There is no fixed deadline, but courts expect a timely response. Delays of weeks or months with no acknowledgment can constitute a violation. Your employer may ask for medical documentation supporting the request.
You discuss options together
Your employer must engage in a genuine conversation about your limitations, your job duties, and what accommodations would help. They must consider the specific accommodation you requested before suggesting alternatives.
If denied, they must explain why
If your employer denies your specific request, they must explain the reason and offer alternative accommodations. A flat "no" with no explanation violates the process. Pointing to an RTO policy is not a legally sufficient explanation.
Real Cases: What Happens When Employers Ignore the ADA
These are not hypothetical scenarios. These are cases from 2025 and 2026 where employers paid real money or face active litigation for mishandling disability accommodation requests.
Geisinger Health, one of Pennsylvania's largest healthcare employers, settled an EEOC lawsuit alleging systematic disability discrimination. The EEOC charged that since at least 2018, Geisinger:
- Limited disability leave to a rigid duration with no individualized assessment of each employee's situation
- Forced employees returning from disability leave to compete for their own positions, or find a new role within two months or face termination
- Manipulated job postings to interfere with disabled employees' ability to return to work
- Retaliated against employees who asserted their ADA rights
The consent decree requires Geisinger to provide ADA training to all employees, consider policy exceptions as accommodations, and submit termination reports to the EEOC for employees who took disability leave.
EEOC v. Geisinger Health, et al., No. 2:21-cv-04294 (E.D. Pa.), settled Feb. 17, 2026.
A class action filed in the Southern District of New York alleges that Amazon systematically denies disability accommodations to warehouse workers. The case, brought by Vladeck, Raskin & Clark and A Better Balance, alleges that Amazon:
- Routes accommodation requests through its "A to Z" app, where they are handled by distant staff with no knowledge of the employee's actual job
- Uses automated or semi-automated systems to deny requests without meaningful human review
- Denies remote work requests as part of its RTO push, even for employees who had previously worked remotely for medical reasons
- Places workers on leave while their requests are pending, then drains their time-off balances, putting them at risk of automatic termination
In an internal survey, 71% of more than 200 disabled Amazon employees reported that the company denied most accommodation requests. Half reported a hostile work environment after disclosing their disability.
This case is ongoing and has not been resolved as of April 2026.
The pattern across these cases is the same: rigid policies applied uniformly instead of the individualized assessment the ADA requires. Whether the policy is a leave cap, a return-to-office mandate, or an automated denial system, the legal problem is identical. The ADA requires employers to look at each employee's situation individually.
When Remote Work Is a Reasonable Accommodation (and When It May Not Be)
Not every request for remote work will be granted. But the legal standard is more favorable to employees than many employers let on.
Your disability makes commuting or in-office attendance difficult, painful, or dangerous
The core duties of your job can be performed remotely
You have a track record of successful remote work (including during the pandemic)
Your doctor has recommended remote work as medically appropriate
The accommodation does not impose significant difficulty or expense on the employer
Your job requires physical presence (operating machinery, direct patient care, hands-on manufacturing)
The employer can demonstrate "undue hardship" with specific evidence of significant difficulty or expense
An alternative accommodation exists that is equally effective (modified schedule, different workspace, ergonomic equipment)
Several arguments that employers commonly make are not valid reasons to deny remote work:
- "We want everyone in the office for team culture" (not an undue hardship under the ADA)
- "It's our policy" (policies do not override the ADA)
- "Other employees might want it too" (irrelevant to your individual request)
- "We already said no" (the employer must re-evaluate when circumstances change)
If your employer allowed you to work remotely during the pandemic and the work was completed successfully, that history is powerful evidence. Your employer will have a difficult time arguing that remote work is suddenly not feasible when it worked for months or years.
What to Do If Your Accommodation Request Is Denied
If your employer denies your request for continued remote work, refuses to engage in the interactive process, or revokes an existing accommodation without explanation, take these steps.
Submit your request in writing
Email your manager and HR. State that you are requesting a reasonable accommodation under the ADA for a medical condition. Describe what you need. Attach a letter from your doctor explaining the medical basis. This creates a record with dates and timestamps.
Document everything
Save every email, message, and document related to your request. Forward copies to a personal email address outside your employer's systems. If conversations happen verbally, follow up in writing: "Per our conversation today, you stated that..." Note dates and who you spoke with.
Ask for the denial in writing
If your employer denies your request verbally, reply by email: "I want to confirm that my accommodation request for [specific accommodation] was denied on [date]. Please provide the reason for the denial in writing." Many employers will not put a denial in writing because they know it creates liability.
File a charge with the EEOC
You have 300 days from the discriminatory act to file in most states (180 days in states without a fair employment practices agency). File online at publicportal.eeoc.gov. You can also visit your local EEOC office.
File with your state agency
Many states have their own civil rights agencies that accept disability discrimination complaints. Some states have stronger protections than the federal ADA. Filing at both levels gives you layered protection. Check our state law guide to find your state's agency.
Consult an employment attorney
Many employment lawyers handle ADA cases on contingency, meaning no upfront cost. An attorney can evaluate the strength of your claim, guide you through the EEOC process, and negotiate directly with your employer if appropriate.
Frequently Asked Questions
Not without first evaluating your accommodation request through the interactive process. Under the ADA, employers with 15 or more employees must provide reasonable accommodations for disabilities unless it would cause undue hardship. A return-to-office policy is an internal business decision. The ADA is a federal law. If you request continued remote work as an accommodation and your employer ignores that request or issues a blanket denial, that may violate the ADA.
It is strong evidence. If your employer allowed you and others to work remotely during the pandemic and the work was completed successfully, it becomes much harder for that employer to argue remote work is not feasible or would cause undue hardship. Courts and the EEOC have recognized this. It does not guarantee approval, but your employer will need a specific, job-related reason to deny what it already allowed.
The interactive process is a required good-faith dialogue between you and your employer to identify a reasonable accommodation. Your employer must respond to your request promptly, discuss your limitations and job duties, consider the accommodation you proposed, and either approve it or explain why it cannot work and suggest alternatives. If your employer refuses to engage in this conversation at all, that alone can be an ADA violation.
A policy change gives your employer a reason to re-evaluate the accommodation, but it does not allow them to revoke it without going through the interactive process again. The EEOC has stated that previously granted telework accommodations cannot be automatically revoked when an employer changes its remote work policy. Your employer must demonstrate that continued remote work would now cause an undue hardship, which is a high bar if you have been working remotely successfully.
You can file a charge of discrimination with the EEOC within 300 days of the discriminatory act (180 days in some states). File online at publicportal.eeoc.gov or visit your local EEOC office. You should also check whether your state has its own civil rights agency that accepts disability discrimination complaints, as state deadlines and protections may differ. Many employment attorneys handle ADA cases on contingency, meaning no upfront cost.
Related Resources
$22.5 Million Verdict: What the TQL Pregnancy Case Means for Your Rights — How pregnancy accommodation requests interact with RTO mandates under the PWFA.
The Pregnant Workers Fairness Act: Your Complete Guide — Full breakdown of the PWFA and your right to pregnancy accommodations.
DOGE Is Closing the Offices That Enforce Your FMLA Rights — How federal enforcement cuts affect your ability to file workplace rights complaints.
State Leave Laws Guide — Find your state's disability discrimination agency and protections.