There is no right to remote work

Anne Lofaso, a professor in the University of Cincinnati College of Law, spoke recently with The Cincinnati Enquirer about what the law says about reasonable accommodations for employees and how remote work might be part of the conversation.

The Enquirer reported on a $22.5 million wrongful-death lawsuit involving a company’s denial of a pregnant employee’s request to work from home despite doctors’ orders. 

Lofaso, a former attorney for the National Labor Relations Board, teaches courses in labor law, employment law and constitutional law. She told the Enquirer that pregnant workers have more leverage than most employees who are largely at will.

The federal Pregnant Workers Fairness Act has been in effect since June 2023 and requires employers to provide “reasonable accommodation” for limitations related to pregnancy, childbirth or related medical conditions. Learn more about PWFA on the Equal Employment Opportunity commission’s website.

But PWFA doesn’t automatically guarantee remote work and employers can offer alternative accommodations as long as they are deemed reasonable, Lofaso told the Enquirer. She added that outside of disability, pregnancy, religion or a union/individual contract that includes remote work provisions, workers generally have no rights to work from home.

Employers have the upper hand so workers need to tread carefully with their requests.

“Be polite and patient,” Lofaso told the Enquirer. “You’re not entitled to it in general, so demanding it would probably backfire.”

The full story with Professor Lofaso’s expertise is available on The Cincinnati Enquirer website.

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