Does a Return to Office Policy Without Office Space Constitute Hostile Work Environment?

Remote work has become more prevalent since the Covid-19 pandemic. Despite the ease of technology, some employers still want to force workers back to the office despite the increased traffic, rent costs, and in some instances, the lack of equipment or office space for workers to return to.  

The Trump Administration has repeatedly demanded all federal workers return to the office since January 2025. The administration has sought to drastically reduce the size of the federal workforce, including mass firings of federal employees. The in-office mandate has been combined with a push to reduce government real estate, setting up a contradiction and conflict between too many office workers and not enough office space to go around.  

Some federal workers being told to return to the office have no space to return to or even basic equipment like desks or computers. In one Department of Health and Human Services office, there was no Wi-Fi or full electricity in the first hours when people returned to the office. Employees at an office in Dallas returned to Ethernet cords lying on the ground and unconnected lights that didn’t work correctly.  

One employee allegedly tripped on a pile of cords, leading to a worker’s compensation complaint for a large gash on her foot. Other employees complained about having to share office space due to a lack of office space and/or Wi-Fi.  

Many federal workers complained about a loss of efficiency because of offices that were unprepared for their return despite a mandate to return to offices.  

How Could Rescinding a Work From Home Policy Constitute Hostile Work Environment?  

A hostile work environment arises when employees feel uncomfortable or intimidated due to unwelcome conduct based on illegal discrimination. A hostile work environment may show in different ways. Inappropriate physical contact, commentary on physical appearance, fondling, or off-color jokes are frequent signs of harassment in the workplace. The conduct must be so objectively offensive as to alter the conditions of the individual’s employment. Employers may be liable for a hostile work environment if they know or should have known of the harassment but fail to take any action against it.  

Requiring an employee to work without necessary equipment or space could constitute harassment. It would alter the conditions of the employment if the employee had previously been permitted to work remotely without issue and then is suddenly deprived of not only being able to work remotely but ability to work at all. The primary issue would be whether such deprivation is intentional or mere incompetence. However, given how systematic the issue appears to be and this Administration’s open hostility to federal employees in general, there is enough evidence that a reasonable jury could find that all the office issues were intended to change the conditions of employment enough to force the workforce to quit.  

Hostile work environment is normally a claim rooted in illegal discrimination, such as discrimination based on race or sex. If this Administration is subjecting such work conditions to those it deems “DEI” when in fact they are employees of certain race or sex, then there may be actionable discrimination. Additionally, there are certain employees who are protected by other laws even if there is no actionable race or sex discrimination. This Administration may have legal difficulty terminating union members or positions otherwise protected by Congress. However, attempts to force such employees to quit by worsening their employment environment may be deemed an attempt to get around these statutory protections. If a protected employee is being subjected to worse employment conditions, they may have a basis for an employment lawsuit.   

Do I Need an Employment Lawyer? 

If you believe that your employer has violated your legal rights as a worker, you should hire an employment lawyer for further assistance. A skilled employment law attorney can help protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered. 

Alternatively, if you are an employer who is being used by a worker, you should hire an employment law attorney immediately to represent you in court.