Denying Request to Work Remote Not Discrimination if Employee Doesn’t Have a Disability

July 24, 2025 | From HRCalifornia Extra

by Erika M. Barbara, J.D.; Senior Employment Law Counsel, CalChamber

During the COVID-19 pandemic, many employers pivoted to remote work when stay-at-home orders were issued. When those orders were lifted, some employers required employees to return to work in the office, leading some employees to seek exceptions by requesting accommodations due to disabilities.

And in this recent case, a former employee sued her employer for alleged disability discrimination and related claims stemming from the employer’s refusal to allow her to work exclusively from home as a reasonable accommodation after her employer required all employees to return to in-office work. The Court of Appeal affirmed the lower court’s dismissal of the case because, among other reasons, the employee failed to establish that she had a disability that required accommodation (Allos v. Poway Unified School District, D084062 (July 7, 2025)).

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