As businesses navigate the complexities of remote and hybrid work policies, leaders often face questions regarding the perceived fairness of these arrangements. Employees performing similar tasks may have different levels of flexibility, which can lead to concerns about favoritism and inequity. This article provides insights on how leaders can address these issues effectively while emphasizing legal compliance, transparency, and empathy.

Understanding the legal landscape

According to my interview with Keith Sonderling, commissioner of the United States Equal Employment Opportunity Commission (EEOC), employers retain control over the essential functions of a job. Legally, most employees don’t have a right to work remotely unless specified in collective bargaining agreements or executive employment contracts. However, the Americans with Disabilities Act (ADA) introduces complexities by requiring accommodations for employees with disabilities, including mental health conditions.

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