As employers push forward with their return-to-office (RTO) policies, many unknowingly step into legal minefield. The shift back to in-person work presents a host of challenges—especially for employers balancing productivity with legal obligations. Whether it’s handling accommodation requests, avoiding discrimination claims, or ensuring compliance with employee contracts, the risks are real and far-reaching.

RTO and the Risk of Discrimination Lawsuits

One of the biggest legal pitfalls in enforcing RTO policies is the potential for discrimination claims. The most common mistake? Allowing some staffers to work remotely while requiring others to return—without a clear, justifiable reason. If these decisions appear arbitrary or unfair, employers can face accusations of favoritism or discrimination. The risk increases if the RTO requirement wasn’t clearly outlined in an employee’s original contract.

The Delicate Balance of Accommodation Requests

Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations for employees with disabilities. They aren’t, however, required to grant every request—only to engage in an interactive process to find a fair solution. Since the pandemic, remote work has become one of the most common accommodation requests, creating new challenges for HR teams.

The biggest mistake? Employees often bypass HR and go straight to their managers, leading to inconsistent or improperly documented decisions. Clear, well-communicated procedures are critical to ensuring employers fairly handle accommodations, preventing misunderstandings and potential legal claims.

How to Avoid Discrimination Pitfalls

Discrimination claims often arise when accommodation requests aren’t handled consistently. If remote work or other adjustments are granted to some employees but denied to others without a clear rationale, legal trouble can follow. Employers must regularly review policies to ensure compliance with the ADA and the Family and Medical Leave Act (FMLA).

Beyond disability accommodations, employers may also face requests related to caregiving responsibilities, which aren’t covered under the ADA. These should be considered under other legal frameworks, such as the FMLA, and applied consistently to avoid claims of unfair treatment.

Contractual Conflicts: The Fine Print Matters

Another legal hurdle? Employee contracts. Many employees have agreements outlining their work arrangements, and not all of them include language allowing for a sudden return-to-office mandate. Employers can reduce legal risks by ensuring RTO policies are clearly addressed in offer letters and employment contracts, giving them the flexibility to adjust work arrangements when needed.

Keeping Employee Relations—and Compliance—on Track

Inconsistent RTO policies can breed resentment among employees and open the door to discrimination, harassment, or wrongful termination claims. If expectations aren’t clearly communicated or if exceptions aren’t well-documented, employees may argue they were unfairly treated—or even retaliated against for raising concerns.

HR teams must ensure RTO expectations are consistently applied and clearly communicated to all employees. This includes handling performance reviews and disciplinary actions carefully—if attendance policies were vague or unevenly enforced, employees could claim they’re being unfairly penalized.

The Shift Toward Hybrid and Remote Work

As the RTO debate continues, one thing is clear—flexibility is key to attracting and retaining top talent. Many employees aren’t resisting RTO because they dislike in-person work, but because they’ve experienced the benefits of remote and hybrid setups. Companies that ignore these preferences may face backlash, talent loss, and even legal battles.

In the face of these challenges, the best approach for employers is to prioritize clear communication, fair policies, and transparency in decision-making. Not only does this help mitigate legal risks, but it also gives companies a competitive edge in today’s evolving job market.

Lynne Curry, PhD, SPHR, SHRM-SCP, authored “Navigating Conflict” (Business Experts Press, 2022); “Managing for Accountability (BEP, 2021); “Beating the Workplace Bully,” AMACOM 2016, and “Solutions 911/411.” Curry founded www.workplacecoachblog.com, which offers more than 850 articles on topics such as leadership, HR, and professional development and “Real-life Writing,” https://bit.ly/45lNbVo.  Curry has qualified in Court as an expert witness in Management Best Practices, HR, and Workplace issues. You can reach her at https://workplacecoachblog.com/ask-a-coach/ or for a glimpse at her novels and short stories where she fictionalizes workplace incidents, visit, lynnecurryauthor.com. © 2025