Hartford Business Journal

HARTFORDBUSINESS.COM | SEPTEMBER 22, 2025 19 FOCUS | L AW Castelino was terminated two months later for performance issues and filed a lawsuit claiming disability discrimination, failure to accommodate and retaliation. The Appellate Court reversed a trial court decision in the law firm's favor, ruling that working entirely remotely "was not a reasonable accommodation request, as a matter of law, because that accommodation would have elimi- nated an essential function of her job." The judges emphasized that employers deserve considerable defer- ence in determining what functions are essential to specific roles. "Just because it was possible to work remotely at one point doesn't mean it has to remain possible always," said Johanna Zelman, managing partner of law firm FordHarrison's Hartford office. Castelino, in her own deposition, acknowl- edged that the position "wasn't fully remote" and that certain tasks required an office presence. Broad implications As more employers implement return-to-office mandates, the decision provides a roadmap for navigating the intersection of disability law and work- place flexibility, legal experts said. "This decision highlights the difference between a policy versus a request for an accommodation under Connecticut statute or the Americans with Disabilities Act," Cieslak said. "It also highlights the distinction between an employee's preference to work from home versus an employer's obligation to grant a reasonable accommodation." Companies must still evaluate accommodation requests on a case-by- case basis and engage in an "inter- active process" with employees who have disabilities. Generally, an employer must approve an employee's request for reasonable accommodation if the individual quali- fies under the Americans with Disabili- ties Act, the accommodation does not pose an undue hardship on the busi- ness and the requested accommoda- tion enables the employee to perform the essential functions of their job. The ruling, experts said, underscores the importance of employers clearly documenting job requirements and essential functions in job descriptions and hiring communications. "If the employer makes it clear that there are very specific duties that must be performed in person," Zelman said, "when an employee then requests an accommo- dation to work remotely, an employer can say: 'I'm sorry, it's an essential function of your job to work in person.'" Cieslak agreed, adding that employers should regularly update outdated job descriptions: "If you clearly delineate job duties and essen- tial functions at the hiring stage, you're going to be in a stronger position to defend yourself in litigation." The decision's practical impact may be most significant for new hires and employees whose job duties have changed. "If a person has been working 100% remotely for the last five years, and their employer says the essential functions of their job require them to come back to work, I think that would be a very tough argument to make," Zelman said. Return to office The Castelino case reflects broad changes in how courts and employers are approaching remote work since the end of pandemic restrictions. During 2020 and 2021, many employers granted remote work requests liberally due to health concerns, even when those arrangements might not have been required under disability law. "I think what you're seeing in this decision is that it's not automatically a reasonable accommodation to allow somebody to work from home," Zelman said. Both attorneys said employer interest in bringing workers back to the office is growing, with concerns over supervi- sion, employee training and company culture fueling the push. "I think there is this overall trend for employers to say, 'You know what, it's time that we're back into work fully,'" Zelman said. "… There's just more ability to oversee your workforce when they're there." Recruitment considerations The court decision also provides a framework for holding low-performing employees accountable, experts said. "The unreasonable request for an accommodation cannot be a shield with respect to an unsatisfactory employee," the court noted — a prin- ciple that may resonate with employers dealing with performance issues among remote workers. For Cieslak, the decision serves as a reminder that disability law principles haven't changed, even as workplace practices have evolved. "A disability does not excuse poor performance," she said. "Simply because an employee comes to you because they have a health condition doesn't mean that you're precluded from acting on poor performance." Often, when an employer notices a decline in an employee's perfor- mance, the employee will raise a health concern. In that case, Cieslak emphasized that employers should avoid taking imme- diate disciplinary action. "That would be the time to engage in the interactive process and see if there is a reasonable accommodation that can allow the employee to perform the essential functions of their job," Cieslak said. "And then the employer can evaluate, once the accommodation is in place, whether or not that employee is still underperforming." Even still, both attorneys said flexi- bility remains a critical recruiting tool. "For younger workforces, it is becoming harder to get people to take jobs where there's not at least some remote work being offered," Zelman noted. "A lot of employers are saying that some remote work is needed in order to retain talent." Research shows that 64% of remote workers would be "extremely likely" to look for other opportunities if their employer stopped allowing remote or hybrid work, according to Gallup. Research from Gartner also found that high-performing employees are 16% more likely to have low intent to stay if they face return-to-office mandates. Cieslak noted that employers should consider the importance of efficiency and retention. "Turnover is costly," she said. "Some- times the best solution is to find a way to keep a good employee with an accom- modation that isn't an undue hardship." "Paula was a great advocate and strategist throughout the sale of my property..." -R.M. Con t ac t me today ! U.S. HYBRID AND REMOTE WORK TRENDS BY PROFESSIONAL FIELD FIELD FULLY ON-SITE (%) HYBRID (%) FULLY REMOTE (%) MARKETING AND CREATIVE 54 32 14 TECHNOLOGY 57 29 14 HUMAN RESOURCES 60 25 15 FINANCE AND ACCOUNTING 60 28 12 LEGAL 61 31 8 ADMINISTRATIVE AND CUSTOMER SUPPORT 81 11 8 HEALTH CARE 83 7 10 Source: Robert Half Johanna Zelman

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