Many government employees are unaware that they can use the Americans with Disabilities Act (ADA) to request work-from-home accommodations due to mental illness. This knowledge gap could change the return-to-office (RTO) landscape as the Biden Administration and Republican lawmakers demand federal employees return to the office.
ADA Requirements and Office Work
The ADA requires employers to provide reasonable accommodations to employees with disabilities, including mental illnesses. Keith Sonderling, commissioner of the Equal Employment Opportunity Commission, spoke to me about the importance of understanding these legal protections.
“Employers must engage in a dialogue process with employees who request accommodations for mental health conditions,” Sonderling said. “If an employee is diagnosed with a mental health issue, employers have an obligation to consider accommodations, which could include remote work.”
During the pandemic, many government employees have experienced the benefits of working from home, including increased productivity and improved work-life balance. As Sonderling points out, there is no inherent legal right to remote work. However, the EEOC recently issued guidance on how remote work rights are protected under the ADA if they are a reasonable accommodation for a disability.
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EEOC spokesperson Brandalyn Bickner emphasized in fall 2023 that under the ADA, the “reasonable accommodation” obligation includes “modifying workplace policies,” which could mean an employer waiving certain eligibility standards or adjusting telework programs to facilitate remote work for employees with disabilities.
And the EEOC is getting serious. In a landmark legal settlement, ISS Facility Services, Inc. agreed to pay $47,500 to resolve an EEOC complaint alleging violations of the ADA. The case revolved around the company’s refusal to allow an employee with a disability to continue working remotely part-time. In another example, the EEOC filed a complaint against a Georgia company for firing a marketing manager who had requested to work remotely three days a week to address anxiety.
Awareness of the ADA could dramatically change RTO trends
Despite a clear legal framework, few government employees are aware of their rights under the ADA. This lack of awareness means many employees are unaware that they can request remote work in response to mental illnesses such as anxiety, depression, PTSD, etc. If more employees were informed, the current RTO dynamics could change dramatically.
To apply for telecommuting accommodations, government employees must receive a formal diagnosis from a licensed mental health professional that indicates remote work is necessary to manage their condition.
“The ADA protects employees with mental illnesses, but appropriate accommodation requires a valid diagnosis and documented need,” Sonderling said.
Once the employee submits the documentation, the employer must engage in an interactive process to determine reasonable accommodations, which may include full-time or part-time remote work.
Sonderling stressed the importance of training managers and human resources staff to handle these requests appropriately.
“It is important for employers to understand that they cannot summarily deny a request for a mental health accommodation,” he said. “Failure to engage in the dialogue process could lead to significant legal consequences.”
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Spreading awareness of these rights has significant implications. If government employees begin using mental health claims to secure remote work, we may see a significant increase in requests for accommodations. This scenario poses challenges for government agencies that may need to adjust their RTO policies and processes.
For example, imagine a government agency whose employees have been working remotely since 2020. If multiple employees request remote work accommodations for mental health reasons, the agency must evaluate each request individually, which could lead to disparities and tensions among employees, such as some employees being allowed to work remotely and others not.
“The ADA requires individualized evaluations, and what works for one employee may not work for another,” Sonderling said. “Employers must respond to these requests carefully to avoid discrimination and comply with the law.”
For agencies, the key to managing this complex issue lies in a balanced approach: while face-to-face collaboration offers undeniable benefits such as enhanced communication and team cohesion, addressing employees’ mental health needs is key to avoiding legal liability.
Institutions should develop clear and consistent policies for addressing requests for accommodations, including providing training for managers to recognize legitimate mental health issues and understand legal requirements. Additionally, institutions can explore creative solutions to balance remote work and in-office expectations, which could include hybrid work schedules, flexible work hours, or designating quiet spaces in the office for employees with anxiety.
As the workplace continues to evolve, the interplay between mental health considerations and remote work will remain a key issue. Agencies have a legal obligation to inform staff of their rights under the ADA, and agencies must be prepared to address legitimate mental health needs while maintaining operational efficiency.
The challenge for leaders is to create inclusive work environments that support mental health without sacrificing the benefits of in-person collaboration. By navigating this complex situation sensitively and lawfully, institutions can foster a workplace that respects the mental health needs of employees and promotes business success.
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Dr. Gleb Tsypursky is CEO of Disaster Avoidance Experts, a future of work consultancy, and author of the bestselling books Returning to the Office and Leading Hybrid and Remote Teams.
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