Return-to-work (RTO) policies are back in the spotlight. Many private employers across the country have tightened their rules, reduced remote-work flexibility, or demanded full in-office schedules. If you’re a North Carolina employee trying to understand what’s legal—and what crosses the line—this guide breaks down your rights in plain English.
Key takeaway:
Your employer can set work location rules in most situations, but they cannot violate disability laws, retaliate against you for protected activity, or selectively enforce RTO rules in discriminatory ways.
Can My Employer Require Me To Return to the Office?
In most private-sector jobs, yes. North Carolina is an at-will employment state, and employers generally have wide discretion to decide whether a job is performed onsite, hybrid, or remotely.
But that power has real limits.
Three major legal boundaries:
-
Disability accommodations under the Americans with Disabilities Act (ADA).
-
Retaliation protections under federal and North Carolina law.
-
Unlawful discrimination in how the policy is applied.
When Does a Return-to-Work Policy Violate the ADA?
Under the Americans with Disabilities Act, employers must provide a reasonable accommodation to employees with qualifying disabilities unless doing so causes an undue hardship.
Examples of potential accommodations:
-
Modified work schedules
-
Partial or full remote work (if essential duties can still be performed)
-
Hybrid arrangements
-
Equipment or ergonomic adjustments
Remote work is not automatically required, but if you successfully performed your job from home during COVID or another extended period, that history can strengthen your argument that remote work is reasonable.
Your Responsibilities:
-
You must ask for an accommodation.
-
You must provide appropriate medical documentation if requested.
Employer Responsibilities:
-
They must engage in a good-faith interactive process, not simply deny the request.
-
They must consider alternatives, not just the single option you suggested.
If your employer refuses to discuss accommodations or retaliates after you ask, that may be a violation of the ADA or other laws.
What If the Return-to-Work Policy Is Enforced Unequally?
Uneven enforcement can raise discrimination concerns.
Examples that should raise red flags:
-
Older employees are denied hybrid work while younger workers get flexibility.
-
Women with childcare responsibilities receive harsher discipline for remote-work violations.
-
A supervisor selectively “approves” remote work only for friends or favored employees.
Claims depend on the facts, and under your strict claim-spotting rule, discrimination would be considered only if clearly related to a protected category (e.g., age, race, sex, disability).
Can I Be Fired for Pushing Back on a Return-to-Work Policy?
You can be disciplined for violating a lawful policy.
You cannot be disciplined or fired for engaging in protected activity, including:
-
Requesting a disability accommodation
-
Reporting discrimination or harassment
-
Reporting wage violations
-
Participating in an EEOC process
If the timing looks suspicious—for example, you requested an ADA accommodation on Monday and were written up for “poor attitude” on Wednesday—that pattern may signal retaliation.
How Should Employees Respond to a Strict Return-to-Work Policy?
1. Put your accommodation request in writing.
Be clear, factual, and specific about the medical limitations you’re addressing.
2. Document everything.
Save emails, Teams messages, schedule changes, and any shifting explanations from management.
3. Compare how policies are applied.
If other employees receive flexibility you were denied, that may be important.
4. Get advice before signing anything.
Some employers ask employees to sign new policy acknowledgments or compliance warnings. Understand what you’re signing.
When Should You Talk to an Attorney?
Reach out if:
-
Your employer refuses a legitimate accommodation request.
-
You were fired or disciplined shortly after requesting an accommodation or reporting unlawful conduct.
-
You believe the policy is being applied in a discriminatory way.
A short consultation can help you understand your rights and your options before problems escalate.
Not Legal Advice
This article provides general information for North Carolina employees. Every situation is fact-specific. For legal advice about your own circumstances, consult an attorney.
1. Can a North Carolina employer force me to return to the office?
Yes, but only if the policy is applied consistently and does not violate disability laws or anti-retaliation protections. Employers generally control work location, but they cannot discriminate or ignore valid accommodation requests.
2. Does the ADA require employers to allow remote work?
Not automatically. The ADA requires employers to consider remote work as a possible reasonable accommodation if it allows you to perform your essential job duties. The employer can deny the request only for legitimate reasons, such as undue hardship.
3. Can I be fired for asking for an ADA accommodation?
No. Requesting a disability accommodation is protected activity under federal law. While your employer may enforce legitimate performance standards, they cannot retaliate because you asked for an accommodation.
4. What documentation do I need to request a remote-work accommodation?
Employers may request medical documentation describing your limitations—not necessarily your diagnosis. Keep the request focused on what you need to perform your job.
5. What should I do if my employer applies return-to-work rules unevenly?
Document what you observe and who receives exceptions. If the unequal treatment relates to a protected category—such as age, disability, race, or sex—you may have grounds to file a discrimination charge.
6. Do North Carolina employees have the right to continued remote work just because they worked remotely during COVID?
No automatic right exists, but your remote-work history can be strong evidence that remote work is a reasonable accommodation for ADA purposes.