Pandemic dilemma: When must you offer remote work as an ADA accommodation?

If the pandemic has taught us anything, it's that many employees can be just as productive working from home as they are in the office. That raises the question: Can you force employees to return to your workplace during the pandemic? Generally, yes.

However, if employees have a disability or medical condition that makes them susceptible to the serious effects of COVID, the answer may be no. Or at least, the answer may require having a conversation first about working from home as an ADA accommodation.

Recent case: Gabriel, a social work manager with asthma, began working from home when the pandemic hit in March. He submitted a doctor's note that advised Gabriel continue to work from home, which his boss supported.

In June, however, the company told all managers they had to come back into the office. Gabriel's request for a continued work-at-home accommodation was denied. He returned to the office in July, asked again to work at home and was again denied.

Gabriel sued under the ADA, alleging failure to engage in an individualized assessment to determine if the accommodation of continued telecommuting was either reasonable or unduly burdensome for...