"Outside of medical reasons for your own safety and the safety of someone in your household, you really don't have any recourse - you either go in or you don't go in," Ron Zambrano, the employment litigation chair at the California law firm West Coast Trial Lawyers, told Business Insider.
"Unless you can claim a specific legal right, an employer can do as they please," Zambrano said. Remote employees arguing that returning to the office disrupts their lifestyle have "zero chance" of a legal challenge.
Employers risk legal liability under certain state laws and the Americans with Disabilities Act if they deny a doctor-prescribed reasonable accommodation request for remote work.
"An employee having an illness or disability does not automatically guarantee remote work is the most suitable accommodation," said Domenique Camacho Moran, a partner at Farrell Fritz in New York. Employees cannot choose their accommodations.
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