Twitter’s New “Back to the Office” Mandate Sparks Disability Discrimination Lawsuit
Short‑form scoop: Elon Musk’s latest push for Twitter staff to swap remote work for “long hours at high intensity” has landed the company in hot water, with employees claiming the move violates the Americans with Disabilities Act (ADA). The lawsuit argues that the policy unfairly targets workers with disabilities, especially those at higher risk of Covid‑19.
The Claim
Dmitry Borodaenko, a California‑based engineering manager, says he was fired last week for refusing a return‑to‑office mandate. He filed a proposed class action in San Francisco federal court on November 16.
- Primary allegation: Musk’s order to come back to the office or quit breaches the ADA by failing to provide reasonable accommodation for workers who’re disabled or vulnerable to Covid‑19.
- Background: Dmitry has a disability that makes him especially susceptible to the virus, but the law says companies must consider remote work as a feasible accommodation.
- Result expected: The court could force Twitter to “make up the ground lost,” perhaps by paying back wage differences or re‑hiring affected employees.
Other Legal Actions
- Contract worker layoffs: A separate complaint alleges Twitter laid off thousands of contractors without the 60‑day notice required by federal law.
- Massive staff cuts: Twitter is already facing a proposed class action for abruptly firing about 3,700 employees (roughly half the workforce) right after Musk’s takeover.
- Severance offer: Musk previously stated laid‑off workers were offered three months of severance pay, which, per federal guidance, can substitute for notice.
Company Response
Twitter has not responded to inquiries yet. The board’s stance is still pending, but the firm’s legal team is reportedly busy drafting a defense that emphasizes the need for a “productivity culture” post‑Musk.
Legal Context &
While the ADA protects workers with disabilities, it’s still a gray area whether remote work automatically counts as a “reasonable accommodation.” The U.S. Equal Employment Opportunity Commission (EEOC) guidance from 2020 says employers can mandate remote work if it doesn’t cause undue hardship. Yet this ambiguity makes class‑action claims hard to stamp on the legal map — a fact lawyer Shannon Liss‑Riordan highlighted while outlining how Musk’s takeover has turned workplace uncertainty into a headache for many.
Bottom Line
It’s a legal showdown that could set a new benchmark for remote work accommodations and how rapidly a CEO’s whims can ripple through the employment fabric. Stay tuned for the courtroom drama, because behind those tweets, the stakes are decidedly high.
