The Fight Over Return-to-Office Is Turning Into a Disability Dispute wsj

[csrcsr]

The return-to-office battle between workers and employers is entering a more combative phase.

Workers are filing more charges of disability discrimination to federal and state agencies, and an increasing share of the charges are based on mental-health conditions such as anxiety, depression and post-traumatic stress disorder. Though agencies don’t disclose the events leading to the charges, the increase is driven partly by employers requiring that workers return to workplaces and denying some of their requests for exemptions, according to lawyers, government officials and disability advocates.

The number of charges filed to the Equal Employment Opportunity Commission alleging discrimination against individuals with anxiety, depression and post-traumatic stress disorder rose by at least 16% for each condition from 2021 to 2022. Data from multiple state civil-rights agencies show that in recent years, disability charges—encompassing a range of conditions including mental-health disorders, hearing impairments and autoimmune diseases—have overtaken previous top complaints, such as retaliation and race discrimination. 

“Mental illness is at an all-time high, and Covid was a huge contributor,” said Hannah Olson, whose software firm, Disclo, helps employers manage the disability-accommodations process. “The other piece is return-to-office. People are asking for more things, and companies don’t know how to manage this.”

Employers still approve most accommodation requests, but the approval rate has declined since early in the pandemic, according to Sedgwick, which manages leave and disability claims for employers. In 2021, 95.6% of all requests were approved. In the first half of this year, workers’ requests were OK’d 91.8% of the time, said David Setzkorn, leader of Sedgwick’s workforce absence and disability practice.

The number of charges filed to the EEOC alleging discrimination against people with anxiety, depression and PTSD rose by at least 16% for each condition from 2021 to 2022. PHOTO: ANDREW HARRER/BLOOMBERG NEWS

The EEOC in September sued a Georgia employer for declining to allow a digital marketing manager with anxiety and other mental-health disorders to work remotely three days a week. The company, a small chain of pediatrics offices, fired the employee soon after she requested the accommodation, the suit says. 

“It’s an issue we’re very aware of,” Sarah DeCosse, who leads the disability team in the EEOC’s legal department, said about denials of remote-work accommodations. “We understand and have noted anecdotally that there have been a lot of inquiries about this basic scenario.”

Congress passed the Americans with Disabilities Act in 1990 to help disabled people participate in the labor force, even if they need some accommodations to perform their jobs. Employers can ask for documentation about a person’s limitations. As long as employees can fulfill the essential functions of their jobs, workers and employers are expected to negotiate in a so-called interactive process to find reasonable accommodations. 

These conversations often result in compromises between the worker’s initial request and the employer’s preference.

Lawyers who represent companies in these disputes say mental-health requests present unique challenges. 

Employers are prohibited from asking for details about a person’s disability and are required to keep conversations focused on the specific job activities affected by the impairment. Managers and lawyers are often wary of work-from-home accommodation requests, and companies worry that allowing some employees to work remotely can stoke complaints about unequal treatment among the workforce. 

With remote-work requests, “there’s a fine line between ‘I want it because it makes me happy,’ and ‘I want it because if I don’t get it I’ll be depressed or anxious,’” said Patty Pryor, a Jackson Lewis attorney who represents employers

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[AvramFaind]

It's worth noting that while many accommodation requests are still approved, there has been a decline in the approval rate since the early days of the pandemic. This underscores the need for clear and supportive workplace policies and practices.

[RaphaelChou]

It's intriguing to see how the return-to-office dynamics are evolving and now encompassing disability-related issues. Mental health concerns, like anxiety, depression, and post-traumatic stress disorder, are significant factors in this shift.The increase in disability discrimination charges emphasizes the importance of accommodating the diverse needs of the workforce. Platforms like https://unspot.com/workplaces/ can play a role in promoting inclusive work environments by offering flexible workplace solutions.It's essential that employers and employees continue to engage in constructive dialogues to address these challenges and ensure a supportive and accessible workplace for everyone.