Can an employer force a remote employee to return?

It’s a rare case, but one that could affect more employers as the pandemic continues: An employer can’t force a teleworking employee to return, a Massachusetts federal district court ruled.

In Peeples v. Clinical Support Opinions, Gabriel Peeples, an asthmatic social worker, asked for an accommodation to continue to telework. When he was called back to work in July, he did so reluctantly, but he also filed an EEOC disability discrimination complaint. Now, the firm is barred from firing Peeples for at least 60 days.

This case serves as a reminder that respiratory impairments can prevail in court as an ADA accommodation.

Lynn Cavanaugh

Lynn, a member of the HRMorning staff, is an award-winning editor who writes about HR, benefits and compensation topics. Previously, she was editor-in-chief of Woman’s Own and American Woman magazines.