“ArsTechnica” Interviews RPJ’s Deena R. Merlen on Dell’s Return-to-Office Mandate

In a recent article for ArsTechnica, RPJ’s Deena R. Merlen commented on Dell’s return-to-office (RTO) mandate, set to take effect on March 3. This policy requires employees who live within an hour of an office to return full-time in-person. Those living farther away may continue working remotely, though the specifics regarding how the policy will impact employees seeking to bypass the mandate remain unclear.

Dell was previously reported to have announced a policy under which fully remote workers would be ineligible for promotion.  As Ms. Merlen noted in her recent interview, “If only those who are willing and able to come into the office [are] promoted, Dell will be left with a workforce where this qualification impacts the talent pool. Dell may be missing out on some great talent because of this added requirement.”

Ms. Merlen also commented on remote work as a reasonable accommodation of a disability, noting that Dell could face “exposure to liability to the extent remote workers who are otherwise qualified are passed over for promotion because their disability requires them to work remotely as a reasonable accommodation.”

Read the full article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Deena R. Merlen, who counsels clients in areas of employment and labor law, intellectual property, media and entertainment, general business law, commercial transactions and dispute resolution. Ms. Merlen is admitted to practice law in Connecticut and New York.