Labor Law: How can companies legally get their employees back to the office?

RTD Metro Business law columnist, Karen Michael.

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By KAREN MICHAEL Special correspondent

Since the start of the coronavirus pandemic, many employees have gone from working at their regular offices to working at home.

The general expectation was that the arrangement would be short-term.

In some cases, organizations have determined that employees working from home has not negatively affected job performance and can remain permanent if the employee and employer agree.

Many companies, however, are asking how they can legally get their employees back into the workplace after finding that the year-long work from home arrangement has produced mediocre results.

Employers should review job requirements and job descriptions to determine the essential functions of each position, including whether on-site attendance remains an essential job function.

In an ideal scenario, these essential functions are clearly articulated in the job description, which should be updated post-pandemic.

Once the employer determines the essential job functions, the worker is only qualified to perform that job if she/he can perform all of the essential functions of the position with or without reasonable accommodation, according to the Americans with Disabilities Act.

This means that an employee who cannot return to work due to a medical condition must be provided reasonable accommodation so that the individual can perform those functions, unless doing so would cause an undue hardship to the company.