If you have a disability and working from home would allow you to do your job, your employer cannot simply point to a return-to-office policy and say no. Under California’s Fair Employment and Housing Act (FEHA), covered employers must consider reasonable accommodations, including remote work. They must provide an effective accommodation unless they can show that it would cause undue hardship.

An employer may offer a different accommodation if it is effective, but a company-wide RTO mandate does not cancel the duty to evaluate your request. Reach out to our experienced disability discrimination attorneys at Yadegar, Minoofar, & Soleymani LLP for a free case evaluation today at (310) 499-0140.

The return-to-office wave of 2026

The push to bring workers back to the office has been building for years, and in 2026 it hit a new gear. CBRE’s 2026 survey found that 89% of the employers it surveyed required at least three days a week in the office, up from 78% in 2025.

Major employers also tightened their rules. Amazon moved many corporate employees to five days a week in 2025. Instagram, which is owned by Meta, moved most U.S. employees with assigned desks to five days in February 2026. Microsoft began phasing in a three-day requirement in February 2026. NBCUniversal moved hybrid employees to four days in January 2026.

The public sector moved in the same direction. A January 2025 federal memorandum directed executive-branch agencies to require full-time in-person work, while also stating that implementation must remain consistent with applicable law. In 2026, the EEOC and OPM confirmed that federal agencies still must make individualized accommodation decisions under federal disability law.

For many workers, these mandates are an annoyance. For workers with disabilities, they can be something much more serious.

Why RTO mandates land hardest on workers with disabilities

For many employees, losing remote work means a longer commute and less flexibility. For workers with disabilities, it can mean losing the ability to do the job at all.

Think about what a forced return may demand: getting through a full office day with chronic pain or a mobility impairment and no place to rest. Doing focused work under fluorescent lights, amid noise and crowds, with post-traumatic stress disorder or a sensory disorder. Working in shared air with a compromised immune system. Fitting in regular medical treatment that remote work made possible.

For these workers, remote work was never just a perk. It was the change that made the job doable. That is also the legal question: whether your disability limits your ability to do the job in the office, not simply whether the office is harder or less comfortable.

Many of these employees also worked remotely for years and did the job well. That history does not guarantee that a request must be approved, but it can be important evidence when the employer evaluates whether the essential work can be done remotely.

What FEHA actually requires

California’s Fair Employment and Housing Act is one of the strongest worker-protection laws in the country. In several important ways, it goes further than the federal Americans with Disabilities Act. Here is what it means for RTO mandates, in plain English.

Reasonable accommodation is mandatory, not optional. If you have a physical or mental disability, your employer must make reasonable adjustments that allow you to perform the essential functions of your job. California’s regulations expressly list working from home as one possible reasonable accommodation. It is not a favor. It is part of the law.
Your employer has to talk to you first. Before denying your request, your employer must engage in a timely, good-faith conversation about your limitations, the job’s essential duties, and what might work. Lawyers call this the “interactive process.” Skipping that process (or reducing it to a form email) can support a separate claim under FEHA.
“Undue hardship” is the employer’s burden. An employer may refuse an accommodation if it can prove that the change would cause significant difficulty or expense in light of factors such as cost, resources, and operational impact. General statements about “culture” or “collaboration” may not be enough by themselves—especially where the employee has already worked from home successfully and the work got done.
FEHA covers many smaller workplaces. FEHA generally applies to California employers with five or more employees. The federal ADA generally starts at fifteen. That means many California workplaces are covered by FEHA even when the federal law is not in the picture.
Important distinction: FEHA applies to covered private employers and California state and local public employers. It does not cover the federal government. Federal employees have separate accommodation rights under the Rehabilitation Act. The EEOC and OPM’s 2026 guidance tells federal agencies not to take a blanket approach to denying or revoking telework accommodations, though it also gives agencies considerable room to reevaluate them case by case.

“But we have a company-wide RTO policy”

This is the line workers are hearing more often in 2026, and it deserves scrutiny. A blanket policy is not an individualized assessment. Plus, FEHA requires an individualized assessment.

Your employer may have an RTO policy. What it cannot do is use that policy as a rubber stamp to deny every disability-accommodation request without considering the employee’s specific situation. If working from home would allow you to perform the essential functions of your job, the mandate does not end the conversation. It starts it.

If you worked remotely during the pandemic or afterward and performed well, preserve the records that show it: reviews, productivity reports, attendance records, emails, and completed projects. That history may help show that remote work is workable. It is not automatic proof, because job duties and business needs can change, but it is relevant evidence.

An employer also does not always have to provide the exact arrangement you request. It may propose a different accommodation, such as a hybrid schedule, modified hours, a quieter workspace, or assistive equipment. The alternative still must be effective for your disability-related limitations.

Red flags that your rights may have been violated

Your request was denied within days, with no real discussion.
Human resources never asked about your limitations or what would actually help.
You were told there are “no exceptions” to the RTO policy.
Your history of successful remote work was not considered.
You were demoted, disciplined, or fired after making the request.
The so-called interactive process was a single generic email.

If any of that sounds familiar, it may be worth speaking with an employment lawyer.

If your work-from-home request was denied, do this

Put it in writing. If your request was verbal, follow up with an email summarizing what you asked for and why. Keep copies of every request, response, and date.
Get a focused doctor’s note. You usually do not need to hand over your full medical history. When the disability or need for accommodation is not obvious, an employer may ask for reasonable documentation. A useful note describes your work-related limitations and explains how remote work, a hybrid schedule, or another change would address them.
Keep performing, if you safely can. Follow workplace procedures and do your job as well as you can under the arrangement that is currently in place. If the arrangement is unsafe or medically impossible, document that promptly rather than staying silent.
Watch the clock. In California, a person generally has three years from an alleged discriminatory act to file a complaint with the Civil Rights Department. Other deadlines may apply, so do not wait. Evidence goes stale and memories fade.
Talk to a California employment lawyer. An experienced lawyer can assess whether the employer met its duties and whether the facts support a claim. Many employment lawyers handle these cases on contingency. Fee and cost arrangements vary by firm and case, including who pays litigation costs if there is no recovery, so ask about both at your first consultation.

Frequently asked questions

Can my employer force me back to the office if I have a disability?

Not automatically. If remote work may be an effective accommodation for your disability, your employer must consider your situation individually. A blanket RTO mandate does not override FEHA. The employer may offer a different accommodation, but it must be effective.

Is working from home legally considered a reasonable accommodation in California?

Yes. California’s regulations expressly list permitting an employee to work from home as a possible reasonable accommodation. Whether it is required in a particular case depends on the employee’s limitations, the job’s essential functions, and whether the arrangement would create an undue hardship.

What if I worked from home successfully for years with no problems?

That can be important evidence. It may show that you can perform the essential functions of your job remotely and that the arrangement is workable. It does not guarantee approval if duties or operating needs have materially changed.

Does my employer have to give me exactly the schedule I ask for?

Not necessarily. The law requires an effective reasonable accommodation, not always the employee’s preferred one. But the employer must engage in good faith to find an option that works. A flat denial with no real discussion is a warning sign.

Can I be fired for requesting a work-from-home accommodation?

An employer cannot lawfully retaliate against you for requesting a reasonable accommodation or participating in the interactive process. Whether a particular employment action was retaliatory depends on the facts.

What is the difference between FEHA and the ADA on this issue?

Both laws require reasonable accommodation. FEHA generally covers employers with five or more employees, while the ADA generally covers employers with fifteen or more. California law also defines disability broadly. For many California workers, FEHA provides broader coverage.

This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Every situation turns on its own facts. If your accommodation request was denied, talk to a California employment lawyer about your specific circumstances.

Yadegar, Minoofar & Soleymani LLP, 1875 Century Park East, Suite 1240, Los Angeles, CA 90067, represents California workers in discrimination, harassment, retaliation, and wrongful termination cases. Free case evaluation at ymsllp.com.

Return-to-Office Mandates Don’t Override Disability Rights: What California Law Requires