Employers that allowed widespread remote work during the height of the COVID‑19 pandemic now face a legal landscape in which those past decisions are not just historical facts — they are powerful evidence. Two recent decisions underscore a growing reality for employers that are navigating return‑to‑office policies: The legality of denying remote work as an accommodation depends less on broad policy and more on process and proof.

Together, these cases illustrate that courts are not issuing categorical rules on remote work. Instead, they are examining the underlying process that employers follow in handling accommodation requests. In other words, the courts are requiring that employers handle requests for remote work accommodations as they should manage any other requested accommodation — by engaging in the interactive process.

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