🇺🇸 Alabama EMPLOYMENT LAW — 2026 UPDATE

Alabama Return to Office Mandate 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 and current employment regulations
Key Characteristic: No state-mandated return to office policy; at-will employment framework governs private sector employer policies in Alabama

RTO Mandate Alabama 2026

Table of Contents

Click any item below to jump to the relevant section

Introduction

As of December 2025, Alabama has not enacted a state-level return to office mandate for either state employees or private sector workers. The state operates under an at-will employment framework, which allows private employers broad discretion to establish workplace location policies, including return to office requirements, subject to federal and limited state anti-discrimination protections.

This guide compiles official information published by the Alabama Department of Labor, federal Equal Employment Opportunity Commission offices serving Alabama, and other government agencies regarding employment rights, anti-discrimination protections, and reasonable accommodation processes that may apply to return to office situations in Alabama.

Sources consulted:

  • Alabama Department of Labor
  • Alabama Legislature (bill search conducted December 29, 2025)
  • Governor’s Office (executive order review conducted December 29, 2025)
  • U.S. Equal Employment Opportunity Commission
  • Alabama Code Title 25 (Employment and Industrial Relations)

1.1 At-Will Employment Doctrine

Alabama’s employment relationships operate under the at-will employment doctrine, which is established through common law rather than a specific statute.

According to Alabama case law, as stated in Howard v. Wolff Broadcasting Corp., 611 So. 2d 307 (Ala. 1992):

“Employment may be terminated for ‘a good reason, a wrong reason, or no reason.'”

Source: Alabama Supreme Court
Case: Howard v. Wolff Broadcasting Corp., 611 So. 2d 307 (Ala. 1992)
Legal principle: At-will employment (common law)

According to Cunningham v. Dabbs, 703 So. 2d 979, 981 (Ala. Civ. App. 1997):

“[E]mployment may be terminated for ‘a good reason, a wrong reason, or no reason.’ Our Supreme Court has declined to create ‘public policy’ exceptions to this general rule.”

Source: Alabama Court of Civil Appeals
Case: Cunningham v. Dabbs, 703 So. 2d 979, 981 (Ala. Civ. App. 1997)
Available at: Alabama appellate court decisions

Important characteristics of Alabama’s at-will employment:

  • Either employer or employee may terminate the relationship at any time
  • No advance notice required under state law (unless specified in contract)
  • No requirement to provide a reason for termination (unless specified in contract)
  • Exceptions exist for discriminatory reasons, retaliation, breach of contract, and specific statutory protections

Exception – Workers’ Compensation Retaliation:

According to Alabama Code § 25-5-11.1:

The statute prohibits terminating an employee in retaliation for filing or pursuing a workers’ compensation claim.

Source: Alabama Code § 25-5-11.1
Official text available at: https://www.legislature.state.al.us/
Enforcement: Alabama courts; private right of action

1.2 State-Specific RTO Legislation/Orders

Research conducted December 29, 2025:

Alabama Legislature Bill Search:

  • Website searched: https://www.legislature.state.al.us/
  • Search terms: “return to office,” “remote work mandate,” “telework requirements,” “workplace location”
  • Sessions reviewed: 2024, 2025
  • Result: No relevant legislation identified

Governor’s Executive Orders:

Conclusion: As of December 29, 2025, the Alabama Legislature has not enacted specific statutes or executive orders governing return to office mandates for either state employees or private sector workers.

1.3 Employment Framework Governing RTO in Alabama

In the absence of state-specific return to office legislation, Alabama employers (both public and private sector) operate under:

1. At-Will Employment Doctrine

  • Common law principle allowing employers to set workplace policies
  • Applies unless contract specifies otherwise

2. Federal Anti-Discrimination Laws

  • Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin)
  • Americans with Disabilities Act (disability accommodation)
  • Age Discrimination in Employment Act (age 40+)
  • Pregnancy Discrimination Act
  • Genetic Information Nondiscrimination Act

3. State Anti-Discrimination Law

  • Alabama Age Discrimination in Employment Act (age 40+, employers with 20+ employees)
  • Alabama Code §§ 25-1-20 through 25-1-29

4. Contractual Obligations

  • Written employment contracts
  • Collective bargaining agreements
  • Employee handbooks (may create implied contract)

5. Anti-Retaliation Protections

  • Workers’ compensation claims (Alabama Code § 25-5-11.1)
  • Federal whistleblower statutes
  • Protected activities under federal employment laws

Competent Government Agencies

2.1 Alabama Department of Labor

The Alabama Department of Labor enforces state labor laws and provides workforce services.

Official website: https://www.labor.alabama.gov/
Main telephone: (334) 242-8055
Toll-free: 1-866-234-5382
TTY/TDD: Dial 711 for Alabama Relay Center
Physical address:
649 Monroe Street
Montgomery, Alabama 36131

Function: The Department administers unemployment compensation, workforce development programs, and investigates certain employment law violations. The Department does not enforce federal anti-discrimination laws, which are handled by the EEOC.

Publications on return to office: None identified as of December 29, 2025.

Equal Opportunity Officer:
Tonya D. Scott, EEO Officer
Alabama Department of Labor
649 Monroe Street
Montgomery, Alabama 36131
Phone: (334) 956-5852
TTY: Dial 711 for Alabama Relay Center
Fax: (334) 956-5835

Source: https://adol.alabama.gov/services/equal-opportunity/
Last verified: December 29, 2025

2.2 Alabama State Personnel Department

The Alabama State Personnel Department administers the state merit system for classified state employees.

Official website: https://personnel.alabama.gov/
Main telephone: (334) 242-3389
Physical address:
State Personnel Department
64 N. Union Street
Montgomery, AL 36130

Function: Administers the State Merit System, including classification and compensation, recruitment, testing, employee benefits, and the State Employees’ Insurance Board. Handles personnel matters for classified state employees under the merit system.

Publications on state employee telework/RTO: No specific return to office mandates published as of December 29, 2025.

Source: https://personnel.alabama.gov/
Last verified: December 29, 2025

2.3 U.S. Equal Employment Opportunity Commission (EEOC)

Alabama is served by two EEOC offices:

EEOC Birmingham District Office

Coverage area: Alabama, Mississippi (except 17 northern counties), Florida Panhandle

Address:
Ridge Park Place
1130 22nd Street South, Suite 2000
Birmingham, Alabama 35205

Telephone: 1-800-669-4000
Local: (205) 212-2100
TTY: 1-800-669-6820
Local TTY: (205) 212-2112
Fax: (205) 212-2105

Office hours: Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time

District Director: Bradley A. Anderson

Online portal: https://publicportal.eeoc.gov/
Field office information: https://www.eeoc.gov/field-office/birmingham

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/birmingham
Last verified: December 29, 2025

EEOC Mobile Area Office

Coverage area: South Alabama, Southern Mississippi, Florida Panhandle

Address:
63 South Royal Street, Suite 504
Mobile, Alabama 36602

Telephone: 1-800-669-4000
Local: (251) 690-2590
TTY: 1-800-669-6820
Fax: (251) 690-2581

Office hours: Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time

Function: Part of the Birmingham District; receives charge filings, conducts investigations, provides outreach and technical assistance.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/
Last verified: December 29, 2025

Important note on EEOC jurisdiction:

The EEOC enforces federal employment discrimination laws, including:

  • Title VII of the Civil Rights Act of 1964 (employers with 15+ employees)
  • Americans with Disabilities Act (employers with 15+ employees)
  • Age Discrimination in Employment Act (employers with 20+ employees)
  • Equal Pay Act (all employers covered by FLSA)
  • Genetic Information Nondiscrimination Act (employers with 15+ employees)

Alabama does not have a state Fair Employment Practices Agency (FEPA), so the EEOC directly handles most discrimination complaints in Alabama.

Applicable Statutes - Compilation

3.1 State Anti-Discrimination Laws

Alabama has limited state-level anti-discrimination statutes. Most employment discrimination claims in Alabama rely on federal law.

Alabama Age Discrimination in Employment Act (AADEA)

Reference: Alabama Code §§ 25-1-20 through 25-1-29
Enacted: 1997
Official text: https://www.legislature.state.al.us/

Coverage:

  • Employers with 20 or more employees
  • Employment agencies
  • Labor organizations

Protected class: Workers age 40 and older

Key provisions:

According to Alabama Code § 25-1-21:

“No employer, employment agency, or labor organization shall discriminate in employment against a worker 40 years of age and over in hiring, job retention, compensation, or other terms or conditions of employment.”

Source: Alabama Code § 25-1-21
Available at: https://www.legislature.state.al.us/

Important distinction from federal ADEA:

According to Alabama legal precedent, employees may file a lawsuit directly in state court under AADEA within 180 days of the discriminatory act without first filing with the EEOC. Alternatively, if an EEOC charge is filed, a lawsuit must be filed within 90 days of receiving the right-to-sue notice.

Remedies under AADEA:

According to Alabama Code § 25-1-29, remedies may include:

  • Back pay
  • Reinstatement
  • Compensatory damages
  • Attorney’s fees and costs

Source: Alabama Code § 25-1-29
Available at: https://www.legislature.state.al.us/

Note: Alabama does not have state statutes prohibiting discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Disability
  • Genetic information

These protections are available only through federal law.

3.2 Federal Anti-Discrimination Laws Applicable in Alabama

Title VII of the Civil Rights Act of 1964

Reference: 42 U.S.C. § 2000e et seq.
Enforcement: U.S. Equal Employment Opportunity Commission
Coverage: Employers with 15 or more employees

Protected classes:

  • Race
  • Color
  • Religion
  • Sex (including pregnancy, sexual orientation, gender identity)
  • National origin

Official text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
EEOC guidance: https://www.eeoc.gov/laws/guidance

Americans with Disabilities Act (ADA)

Reference: 42 U.S.C. § 12101 et seq.
Enforcement: U.S. Equal Employment Opportunity Commission
Coverage: Employers with 15 or more employees

Protected class: Qualified individuals with disabilities

Key provisions relevant to return to office:

  • Employers must provide reasonable accommodations for disabilities
  • Accommodations may include remote work if it does not cause undue hardship
  • Interactive process required to determine appropriate accommodation

Official text: https://www.ada.gov/
EEOC ADA resources: https://www.eeoc.gov/laws/guidance/ada

Age Discrimination in Employment Act (ADEA)

Reference: 29 U.S.C. § 621 et seq.
Enforcement: U.S. Equal Employment Opportunity Commission
Coverage: Employers with 20 or more employees

Protected class: Workers age 40 and older

Official text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
EEOC ADEA resources: https://www.eeoc.gov/age-discrimination

Pregnancy Discrimination Act

Reference: Amendment to Title VII, 42 U.S.C. § 2000e(k)
Enforcement: U.S. Equal Employment Opportunity Commission
Coverage: Employers with 15 or more employees

Protected class: Pregnant workers

Genetic Information Nondiscrimination Act (GINA)

Reference: 42 U.S.C. § 2000ff et seq.
Enforcement: U.S. Equal Employment Opportunity Commission
Coverage: Employers with 15 or more employees

Protected class: Genetic information

3.3 Summary Table – Anti-Discrimination Protections in Alabama

Federal Protections:

Title VII of the Civil Rights Act of 1964

  • Protected Classes: Race, color, religion, sex, national origin
  • Employer Threshold: 15+ employees
  • Enforcement: EEOC
  • Official Source: eeoc.gov

Americans with Disabilities Act (ADA)

  • Protected Classes: Disability
  • Employer Threshold: 15+ employees
  • Enforcement: EEOC
  • Official Source: ada.gov

Age Discrimination in Employment Act (ADEA)

  • Protected Classes: Age 40+
  • Employer Threshold: 20+ employees
  • Enforcement: EEOC
  • Official Source: eeoc.gov

Pregnancy Discrimination Act

  • Protected Classes: Pregnancy
  • Employer Threshold: 15+ employees
  • Enforcement: EEOC
  • Official Source: eeoc.gov

Genetic Information Nondiscrimination Act (GINA)

  • Protected Classes: Genetic information
  • Employer Threshold: 15+ employees
  • Enforcement: EEOC
  • Official Source: eeoc.gov

State Protection:

Alabama Age Discrimination in Employment Act

  • Protected Classes: Age 40+
  • Employer Threshold: 20+ employees
  • Enforcement: State courts (private right of action)
  • Official Source: Alabama Code §§ 25-1-20 to 25-1-29

Reasonable Accommodations - Official Framework

4.1 Americans with Disabilities Act (ADA) Requirements

Alabama does not have a separate state disability accommodation law for private employers. Disability accommodation requirements are governed by the federal Americans with Disabilities Act (ADA).

ADA Coverage in Alabama:

  • Applies to employers with 15 or more employees
  • Requires reasonable accommodations for qualified individuals with disabilities
  • Accommodation must not cause undue hardship to employer

Definition of Disability under ADA:

According to 42 U.S.C. § 12102:

A disability is “(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.”

Source: Americans with Disabilities Act, 42 U.S.C. § 12102
Available at: https://www.ada.gov/
Enforcement: U.S. Equal Employment Opportunity Commission

Reasonable Accommodation Defined:

According to EEOC guidance:

“Reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”

Source: U.S. Equal Employment Opportunity Commission
Document: “Reasonable Accommodation and Undue Hardship”
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Last updated: October 17, 2002 (updated guidance available on EEOC website)

Examples of reasonable accommodations that may be relevant to return to office situations:

According to EEOC guidance, reasonable accommodations may include:

  • Modified work schedules
  • Telework or remote work arrangements
  • Physical modifications to the workplace
  • Reassignment to a vacant position
  • Job restructuring
  • Acquisition or modification of equipment or devices

Source: EEOC Enforcement Guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Important: Remote work may be a reasonable accommodation under the ADA when:

  1. The employee has a disability as defined by the ADA
  2. The employee is qualified to perform the essential functions of the job with or without accommodation
  3. Remote work would enable the employee to perform essential job functions
  4. Remote work does not impose an undue hardship on the employer

4.2 Interactive Process

The ADA requires employers to engage in an interactive process to determine appropriate reasonable accommodations.

Interactive Process Requirements:

According to EEOC guidance:

“[W]hen the disability or need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations. Once an individual has requested accommodation, the employer and the individual should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation.”

Source: EEOC Enforcement Guidance on Reasonable Accommodation
Published by: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Steps in the Interactive Process:

Step 1: Request for Accommodation An employee or applicant initiates the process by requesting an accommodation. The request does not need to be in writing or use specific legal terminology.

Step 2: Employer Response According to EEOC guidance, the employer should:

  • Acknowledge the request
  • Request medical documentation if the disability is not obvious
  • Engage in dialogue with the employee

Step 3: Determine Effective Accommodation The employer and employee discuss possible accommodations. According to EEOC guidance, the employer may choose among effective accommodations but should give primary consideration to the employee’s preference.

Step 4: Implementation The employer implements the chosen accommodation.

Step 5: Ongoing Assessment The employer may periodically assess whether the accommodation is effective and whether any changes are needed.

Source: EEOC Technical Assistance Documents
Available at: https://www.eeoc.gov/laws/guidance

Medical Documentation:

According to EEOC guidance:

“When the disability and/or the need for accommodation is not obvious, the employer may require that the individual provide reasonable documentation about his/her disability and functional limitations.”

The employer may request:

  • Information about the nature of the disability
  • Information about functional limitations
  • How the requested accommodation will assist the employee
  • Alternative accommodations that might be effective

Source: EEOC Enforcement Guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.3 Undue Hardship

Employers are not required to provide accommodations that impose an undue hardship.

Undue Hardship Defined:

According to 42 U.S.C. § 12111(10):

“[U]ndue hardship means an action requiring significant difficulty or expense” when considered in light of factors including the nature and cost of the accommodation, the employer’s overall financial resources, and the impact on operations.

Source: Americans with Disabilities Act, 42 U.S.C. § 12111(10)
Available at: https://www.ada.gov/

Factors in Determining Undue Hardship:

According to EEOC regulations at 29 C.F.R. § 1630.2(p), factors include:

  • Nature and net cost of the accommodation
  • Overall financial resources of the facility
  • Number of persons employed at the facility
  • Effect on expenses and resources
  • Overall financial resources of the covered entity
  • Type of operation
  • Impact on the facility’s ability to conduct business

Source: 29 C.F.R. § 1630.2(p)
Available at: Electronic Code of Federal Regulations

4.4 Official Forms and Resources

EEOC Resources:

“Reasonable Accommodation and Undue Hardship” (Enforcement Guidance)

“The ADA: Your Responsibilities as an Employer”

“Questions and Answers on the Notice of Proposed Rulemaking for the ADA”

ADA.gov Resources:

“ADA Requirements: Effective Communication”

Job Accommodation Network (JAN):

Accommodation Ideas by Disability

  • Published by: Job Accommodation Network (U.S. Department of Labor)
  • Available at: https://askjan.org/
  • Phone: 1-800-526-7234 (Voice)
  • TTY: 1-877-781-9403

Official Complaint Process

For most employment discrimination claims in Alabama (race, sex, disability, age, religion, national origin, genetic information), complaints must be filed with the U.S. Equal Employment Opportunity Commission.

FILING DEADLINE:

According to EEOC regulations, charges must be filed within 180 days of the discriminatory act in Alabama.

Source: 42 U.S.C. § 2000e-5(e)(1); EEOC regulations
Note: Alabama does not have a Fair Employment Practices Agency (FEPA), so the 300-day extended deadline does not apply

How to File an EEOC Charge:

Option 1: Online Portal (Recommended)

Visit the EEOC Public Portal at https://publicportal.eeoc.gov/

The online portal allows you to:

  • Submit an inquiry
  • Schedule an intake appointment
  • File a charge of discrimination
  • Check the status of your charge

Option 2: By Phone

Call 1-800-669-4000 (Voice)
TTY: 1-800-669-6820

Option 3: In Person

Schedule an appointment through the Public Portal or by calling the office.

Birmingham District Office:
1130 22nd Street South, Suite 2000
Birmingham, Alabama 35205
Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m.

Mobile Area Office:
63 South Royal Street, Suite 504
Mobile, Alabama 36602
Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m.

Option 4: By Mail

Send a letter to the appropriate EEOC office. Include:

  • Your name, address, and telephone number
  • Employer’s name, address, and telephone number
  • Number of employees (if known)
  • Description of the discriminatory act(s)
  • Date(s) of the discrimination

EEOC Process Timeline:

Step 1: Intake/Initial Interview The EEOC conducts an interview to gather information about your allegations.

Step 2: Charge Filed If the EEOC determines it has jurisdiction, a formal charge is filed.

Step 3: Notification to Employer The employer is notified of the charge and given an opportunity to respond.

Step 4: Investigation The EEOC investigates the allegations. This may include:

  • Requesting documents from the employer
  • Interviewing witnesses
  • Visiting the worksite

Step 5: Determination The EEOC makes a determination:

  • Cause Finding: Evidence supports the allegations
  • No Cause Finding: Insufficient evidence to support allegations

Step 6: Conciliation (if cause found) The EEOC attempts to reach a voluntary settlement between the parties.

Step 7: Notice of Right to Sue If conciliation fails or the EEOC issues a no-cause finding, the charging party receives a “Notice of Right to Sue.”

Important: You must file a lawsuit in federal or state court within 90 days of receiving the Notice of Right to Sue.

Source: U.S. Equal Employment Opportunity Commission
Process information: https://www.eeoc.gov/filing-charge-discrimination
Last verified: December 29, 2025

Contact Information for EEOC Offices in Alabama:

Birmingham District Office:
U.S. Equal Employment Opportunity Commission
Ridge Park Place
1130 22nd Street South, Suite 2000
Birmingham, Alabama 35205
Phone: 1-800-669-4000 or (205) 212-2100
TTY: 1-800-669-6820 or (205) 212-2112
Fax: (205) 212-2105
Website: https://www.eeoc.gov/field-office/birmingham

Mobile Area Office:
U.S. Equal Employment Opportunity Commission
63 South Royal Street, Suite 504
Mobile, Alabama 36602
Phone: 1-800-669-4000 or (251) 690-2590
TTY: 1-800-669-6820
Fax: (251) 690-2581
Website: https://www.eeoc.gov/

5.2 Alabama Age Discrimination Claims

For age discrimination claims under Alabama law (Alabama Code §§ 25-1-20 to 25-1-29), employees have two options:

Option 1: File directly in Alabama state court

Timeline: Within 180 days of the discriminatory act

Option 2: File with the EEOC

Timeline: Within 180 days of the discriminatory act
If filing with EEOC, lawsuit must be filed within 90 days of receiving Notice of Right to Sue

Important distinction: Alabama’s age discrimination law allows employees to bypass the EEOC and file directly in state court, unlike most federal discrimination claims.

Source: Alabama Code § 25-1-29; Alabama case law
For legal advice: Consult a licensed Alabama employment attorney

5.3 Alabama Department of Labor – Limited Jurisdiction

The Alabama Department of Labor has authority to investigate discrimination-based complaints from:

  1. Individuals who applied for or received unemployment compensation benefits
  2. Persons who believe they have been subjected to discrimination prohibited by the Workforce Innovation and Opportunity Act (WIOA) or 29 CFR Part 38

Filing Deadline for WIOA Complaints: 180 days from the date of the alleged violation

Contact:
Tonya D. Scott, EEO Officer
Alabama Department of Labor
649 Monroe Street
Montgomery, Alabama 36131
Phone: (334) 956-5852
TTY: Dial 711 for Alabama Relay Center
Fax: (334) 956-5835

Source: Alabama Department of Labor
Available at: https://adol.alabama.gov/services/equal-opportunity/
Last verified: December 29, 2025

Note: The Alabama Department of Labor does not enforce Title VII, ADA, ADEA, or other federal employment discrimination laws for private employers. Those claims must be filed with the EEOC.

Published Official Documents

6.1 State-Specific Guidance Documents

Search conducted: December 29, 2025
Websites reviewed:

Result: No Alabama-specific return to office guidance identified for state employees or private sector workers.

State Personnel Board Rules:

Alabama Administrative Code Title 670, Chapter 670-X-13

6.2 Federal Guidance Applicable in Alabama

EEOC Pandemic Resources:

“What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”

“Work at Home/Telework as a Reasonable Accommodation”

ADA and Accommodation Resources:

“Reasonable Accommodation and Undue Hardship”

Job Accommodation Network (JAN) Resources:

“Telework/Remote Work as an Accommodation”

  • Published by: Job Accommodation Network (U.S. Department of Labor)
  • Available at: https://askjan.org/
  • Phone: 1-800-526-7234
  • Content: Practical guidance on implementing telework accommodations

6.3 Alabama Equal Pay Act

Document: Alabama Equal Pay Act
Reference: Alabama Code § 25-1-30 et seq.
Enacted: 2019
Effective Date: August 1, 2019

According to Alabama Code § 25-1-30:

The Act prohibits wage discrimination based on sex or race for equal work requiring equal skill, effort, education, experience, and responsibility under similar working conditions.

Key provisions:

  • Applies to employers with 20 or more employees
  • Prohibits retaliation for discussing wages or filing complaints
  • 2-year statute of limitations (not 2-3 years like federal law)
  • No provision for liquidated damages (unlike federal Equal Pay Act)

Source: Alabama Code § 25-1-30 through § 25-1-40
Available at: https://www.legislature.state.al.us/
Enforcement: Private right of action in state courts

Absence of Specific Sector RTO Legislation

7.1 Legislative Research Results

Comprehensive search conducted December 29, 2025:

Alabama Legislature Website Search:

  • Website: https://www.legislature.state.al.us/
  • Database: Alabama Legislative Information System Online (ALISON)
  • Search terms used:
    • “return to office”
    • “remote work mandate”
    • “telework requirements”
    • “workplace location”
    • “state employee telework”
  • Legislative sessions searched: 2024, 2025
  • Bill tracking databases reviewed: LegiScan Alabama 2024, 2025

Result: No relevant legislation identified addressing return to office mandates for either state employees or private sector workers.

Governor’s Executive Orders Search:

Result: No executive orders identified mandating return to office for state employees.

Recent Executive Orders Reviewed (Examples):

  • Executive Order 741 (December 2025): Unrelated to RTO
  • Executive Order 740 (December 2025): Unrelated to RTO
  • Executive Order on Generative AI (February 2024): State government AI use
  • No COVID-era or post-pandemic return to office mandates identified

Source: Governor’s Office
Available at: https://governor.alabama.gov/newsroom/category/executive-orders/
Last verified: December 29, 2025

7.2 General Employment Framework Applies

In the absence of specific return to office legislation, Alabama employers operate under:

For Private Sector Employers:

At-Will Employment Framework

  • Reference: Alabama common law
  • Principle: Employment terminable by either party at any time
  • Exceptions: Discrimination, retaliation, breach of contract

Federal Anti-Discrimination Laws

  • Title VII: 42 U.S.C. § 2000e et seq.
  • ADA: 42 U.S.C. § 12101 et seq.
  • ADEA: 29 U.S.C. § 621 et seq.
  • Available at: https://www.eeoc.gov/

State Age Discrimination Law

Anti-Retaliation Protections

  • Workers’ compensation: Alabama Code § 25-5-11.1
  • Federal whistleblower statutes
  • Protected activities under employment laws

For State Employees:

Merit System Rules

Collective Bargaining Agreements

  • Where applicable for unionized positions

Individual Employment Contracts

  • Where applicable

Resources & Contacts

9.1 Government Agency Directory

Alabama Department of Labor

Official website: https://www.labor.alabama.gov/
Main telephone: (334) 242-8055
Toll-free: 1-866-234-5382
TTY/TDD: Dial 711 for Alabama Relay Center
Physical address: 649 Monroe Street, Montgomery, Alabama 36131
Function: Enforces state labor laws, administers unemployment compensation, provides workforce services. Does not enforce federal anti-discrimination laws (handled by EEOC).

Alabama State Personnel Department

Official website: https://personnel.alabama.gov/
Telephone: (334) 242-3389
Physical address: 64 N. Union Street, Montgomery, AL 36130
Function: Administers State Merit System for classified state employees, including recruitment, classification, compensation, and benefits.

U.S. Equal Employment Opportunity Commission – Birmingham District Office

Official website: https://www.eeoc.gov/field-office/birmingham
Telephone: 1-800-669-4000 or (205) 212-2100
TTY: 1-800-669-6820 or (205) 212-2112
Physical address: Ridge Park Place, 1130 22nd Street South, Suite 2000, Birmingham, Alabama 35205
Function: Enforces federal employment discrimination laws (Title VII, ADA, ADEA, EPA, GINA). Accepts charges, conducts investigations, provides outreach and technical assistance.

U.S. Equal Employment Opportunity Commission – Mobile Area Office

Official website: https://www.eeoc.gov/
Telephone: 1-800-669-4000 or (251) 690-2590
TTY: 1-800-669-6820
Physical address: 63 South Royal Street, Suite 504, Mobile, Alabama 36602
Function: Part of Birmingham District; receives charge filings, conducts investigations, provides outreach for South Alabama region.

U.S. Department of Justice – ADA Information Line

Official website: https://www.ada.gov/
Telephone: 1-800-514-0301
TTY: 1-800-514-0383
Function: Provides information about the Americans with Disabilities Act; enforces Title II (state/local government) and Title III (public accommodations).

Job Accommodation Network (JAN)

Official website: https://askjan.org/
Telephone: 1-800-526-7234 (Voice)
TTY: 1-877-781-9403
Function: Free consulting service providing information about job accommodations and the Americans with Disabilities Act. Operated by the U.S. Department of Labor’s Office of Disability Employment Policy.

9.2 Key Publications

Federal Resources:

EEOC – “The ADA: Your Responsibilities as an Employer”

EEOC – “Enforcement Guidance: Reasonable Accommodation and Undue Hardship”

EEOC – “Work at Home/Telework as a Reasonable Accommodation”

EEOC – “What You Should Know About COVID-19 and the ADA”

State Resources:

Alabama Code – Title 25 (Employment and Industrial Relations)

Alabama Administrative Code – Title 670 (State Personnel)

9.3 Legal Assistance Resources

For legal advice (not information):

Alabama State Bar Association

Website: https://www.alabar.org/
Lawyer Referral Service: 1-800-392-5660 or (334) 269-1515
Function: Provides referrals to licensed Alabama attorneys. Initial 30-minute consultation available for nominal fee.

Legal Services Alabama

Website: https://www.legalservicesalabama.org/
Telephone: 1-866-456-4995
Offices: Birmingham, Dothan, Huntsville, Mobile, Montgomery, Tuscaloosa
Function: Provides free civil legal services to low-income Alabama residents. Employment law assistance may be limited; contact for eligibility and case acceptance criteria.

Alabama Disabilities Advocacy Program (ADAP)

Website: https://adap.ua.edu/
Telephone: 1-800-826-1675
Function: Protection and advocacy system for people with disabilities in Alabama. May provide assistance with disability discrimination and accommodation issues.

Note on Government Agencies:

Government agencies (EEOC, Alabama Department of Labor, etc.) provide information about laws and enforcement procedures but do not provide legal advice on individual situations or represent individuals. For advice on your specific situation, consult a licensed attorney.

Frequently Asked Questions - RTO mandate Alabama

What is Alabama’s return to office mandate?

Alabama does not have a state-level return to office mandate. As of December 29, 2025, neither the Alabama Legislature nor the Governor’s Office has issued specific statutes, executive orders, or policies mandating return to office for state employees or private sector workers.

Private employers in Alabama operate under the at-will employment framework and have broad discretion to establish workplace location policies, including return to office requirements, subject to federal and limited state anti-discrimination protections.

Sources:

  • Alabama Legislature bill search (conducted December 29, 2025)
  • Governor’s executive orders review (conducted December 29, 2025)
  • Alabama Department of Labor website

Does Alabama’s RTO mandate apply to private employers?

There is no Alabama state mandate. Private employers may establish their own return to office policies under the at-will employment framework. However, employers must comply with:

  • Federal anti-discrimination laws (Title VII, ADA, ADEA)
  • Alabama Age Discrimination in Employment Act (age 40+)
  • Reasonable accommodation requirements under the ADA
  • Anti-retaliation protections
  • Any contractual obligations or collective bargaining agreements

Source: Alabama common law; federal employment laws; EEOC guidance

Can my employer force me back to the office in Alabama?

In most cases, yes. Alabama is an at-will employment state, which means employers generally have the right to set workplace policies, including requiring employees to work in-office.

However, employers cannot:

  • Violate anti-discrimination laws by applying return to office policies in a discriminatory manner
  • Refuse reasonable accommodations for qualified individuals with disabilities
  • Retaliate against employees for requesting accommodations or engaging in protected activities
  • Violate employment contracts or collective bargaining agreements

If you believe you need a workplace accommodation due to a disability, you may request remote work as a reasonable accommodation through the interactive process.

Sources:

  • Alabama at-will employment doctrine
  • Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
  • EEOC guidance on reasonable accommodation

What are my accommodation rights under Alabama law?

For private employers with 15 or more employees, disability accommodation rights are governed by the federal Americans with Disabilities Act (ADA), not separate Alabama state law.

Your rights under the ADA:

Right to request reasonable accommodation if you have a disability as defined by the ADA

Right to engage in the interactive process with your employer to identify appropriate accommodations

Right to reasonable accommodation that does not impose undue hardship on the employer

Right to be free from discrimination based on disability

Right to be free from retaliation for requesting accommodation

Remote work may be a reasonable accommodation if:

  • You have a qualifying disability
  • You can perform essential job functions remotely
  • Remote work does not create undue hardship for the employer

Sources:

  • Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
  • EEOC Enforcement Guidance on Reasonable Accommodation
  • Available at: https://www.eeoc.gov/

How do I file a discrimination complaint in Alabama?

For most employment discrimination claims (race, sex, disability, religion, national origin, genetic information), you must file with the U.S. Equal Employment Opportunity Commission (EEOC).

Filing Deadline: 180 days from the discriminatory act

How to file:

Online: Visit https://publicportal.eeoc.gov/ to submit an inquiry or schedule an appointment

By Phone: Call 1-800-669-4000 (Voice) or 1-800-669-6820 (TTY)

In Person: Schedule an appointment at:

  • Birmingham District Office: 1130 22nd Street South, Suite 2000, Birmingham, AL 35205
  • Mobile Area Office: 63 South Royal Street, Suite 504, Mobile, AL 36602

For Alabama age discrimination claims specifically:

You may either:

  1. File with the EEOC (within 180 days), then file lawsuit within 90 days of receiving right-to-sue notice, OR
  2. File lawsuit directly in Alabama state court within 180 days of the discriminatory act

Sources:

Can I request remote work as a reasonable accommodation?

Yes. According to EEOC guidance, telework or remote work may be a reasonable accommodation under the Americans with Disabilities Act if:

  1. You have a qualifying disability as defined by the ADA
  2. You are qualified to perform the essential functions of your position with or without accommodation
  3. Remote work would enable you to perform these essential functions
  4. Remote work would not create undue hardship for your employer

How to request:

Submit a request to your employer (human resources department or supervisor). The request does not need to be in writing or use legal terminology, but written requests create a record.

Your employer should:

  • Engage in an interactive process with you
  • May request medical documentation if your disability is not obvious
  • Consider whether remote work is an effective accommodation
  • Explore alternative accommodations if remote work is not feasible

Important: Your employer is not required to provide remote work if it would create an undue hardship or if you cannot perform essential job functions remotely.

Sources:

What is Alabama’s Age Discrimination in Employment Act?

The Alabama Age Discrimination in Employment Act (AADEA) is a state law that protects workers age 40 and older from age discrimination in employment.

Reference: Alabama Code §§ 25-1-20 through 25-1-29

Coverage:

  • Employers with 20 or more employees
  • Employment agencies
  • Labor organizations

Protected class: Workers age 40 and older

Prohibited conduct:

According to Alabama Code § 25-1-21:

“No employer, employment agency, or labor organization shall discriminate in employment against a worker 40 years of age and over in hiring, job retention, compensation, or other terms or conditions of employment.”

Key difference from federal law:

Unlike the federal Age Discrimination in Employment Act (ADEA), Alabama’s law allows employees to file a lawsuit directly in state court within 180 days of the discriminatory act without first filing with the EEOC.

Enforcement:

  • Private right of action in Alabama state courts
  • May also file with EEOC

Remedies may include:

  • Back pay
  • Reinstatement
  • Compensatory damages
  • Attorney’s fees and costs

Sources:

Where do I file an EEOC complaint in Alabama?

Alabama is served by two EEOC offices. You should file your charge with the office nearest to where the discrimination occurred or where your employer is located.

Birmingham District Office (serves most of Alabama):

U.S. Equal Employment Opportunity Commission
Ridge Park Place
1130 22nd Street South, Suite 2000
Birmingham, Alabama 35205

Phone: 1-800-669-4000 or (205) 212-2100
TTY: 1-800-669-6820 or (205) 212-2112
Fax: (205) 212-2105
Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m.

Coverage: Alabama, Mississippi (except 17 northern counties), Florida Panhandle

Mobile Area Office (serves South Alabama):

U.S. Equal Employment Opportunity Commission
63 South Royal Street, Suite 504
Mobile, Alabama 36602

Phone: 1-800-669-4000 or (251) 690-2590
TTY: 1-800-669-6820
Fax: (251) 690-2581
Hours: Monday-Friday, 8:00 a.m. to 4:30 p.m.

Coverage: South Alabama, Southern Mississippi, Florida Panhandle

How to file:

Online (Recommended): Visit https://publicportal.eeoc.gov/ to schedule an intake appointment
By Phone: Call the numbers above
In Person: Schedule an appointment online or by phone

Important Deadline: You must file within 180 days of the discriminatory act in Alabama.

Sources:

What is at-will employment in Alabama?

At-will employment is the legal principle governing most employment relationships in Alabama. Under this doctrine, either the employer or employee can terminate the employment relationship at any time, for any reason, or for no reason at all, without advance notice.

Legal basis:

At-will employment in Alabama is established through common law, not a specific statute.

According to Howard v. Wolff Broadcasting Corp., 611 So. 2d 307 (Ala. 1992):

“Employment may be terminated for ‘a good reason, a wrong reason, or no reason.'”

What this means for employees:

  • Employers can require return to office without providing a reason
  • Employers can terminate employees who refuse to return to office (unless an exception applies)
  • No legal requirement for advance notice of policy changes (unless in contract)

Important exceptions:

Employers cannot terminate employees for:

Discriminatory reasons: Based on protected characteristics (race, sex, religion, national origin, age 40+, disability, genetic information)

Retaliation: For filing workers’ compensation claims, reporting illegal activity, requesting reasonable accommodations, or engaging in other protected activities

Breach of contract: If an employment contract specifies termination procedures or grounds

Public policy violations: In limited circumstances, such as terminating an employee for jury duty or complying with legal obligations

Sources:

  • Howard v. Wolff Broadcasting Corp., 611 So. 2d 307 (Ala. 1992)
  • Cunningham v. Dabbs, 703 So. 2d 979 (Ala. Civ. App. 1997)
  • Federal anti-discrimination laws

What is the difference between state employee and private sector RTO requirements in Alabama?

State Employees:

Governing authority: Alabama State Personnel Board for classified merit system employees; individual agencies for non-merit employees

Current RTO mandate: None identified as of December 29, 2025

Workplace policies: Determined by individual agencies; governed by State Personnel Board rules for merit system employees

Protections:

  • Merit system due process protections
  • Collective bargaining agreements (where applicable)
  • Federal anti-discrimination laws
  • Alabama Age Discrimination in Employment Act

Appeal rights: Merit system employees may appeal to State Personnel Board

Private Sector Employees:

Governing authority: Individual employers under at-will employment framework

Current RTO mandate: None (employers set their own policies)

Workplace policies: Determined by each employer

Protections:

  • At-will employment with exceptions
  • Federal anti-discrimination laws (Title VII, ADA, ADEA)
  • Alabama Age Discrimination in Employment Act
  • Anti-retaliation protections
  • Employment contracts or collective bargaining agreements (where applicable)

Appeal rights: No administrative appeal; must file EEOC charge or lawsuit if discrimination alleged

Key Similarity:

Both state and private sector employees in Alabama are protected by federal anti-discrimination laws and have the right to request reasonable accommodations under the ADA.

Sources:

Is there pending RTO legislation in Alabama?

As of December 29, 2025, no pending legislation addressing return to office mandates has been identified in Alabama.

Search conducted:

  • Alabama Legislature website: https://www.legislature.state.al.us/
  • LegiScan Alabama tracking: Current 2025 session
  • Search terms: “return to office,” “remote work,” “telework,” “workplace location”

Result: No relevant bills identified

How to monitor:

Alabama Legislature Bill Search:

Governor’s Executive Orders:

EEOC Updates:

Last verified: December 29, 2025

What bills have been proposed regarding remote work?

Based on searches conducted December 29, 2025, no bills specifically addressing remote work mandates, telework requirements, or return to office policies have been identified in recent Alabama legislative sessions (2024-2025).

Legislative activity in 2024-2025 included:

  • Paid parental leave for state employees and teachers (proposed February 2025)
  • Various employment-related bills (child labor, equal pay enforcement)
  • No remote work or RTO-specific legislation

Source: Alabama Legislature
Available at: https://www.legislature.state.al.us/
Last verified: December 29, 2025

How does Alabama regulate remote work?

Alabama does not have specific state-level regulations governing remote work arrangements. Remote work is treated as an employment term or condition that employers may establish at their discretion under the at-will employment framework.

Applicable legal framework:

For establishing remote work policies:

  • At-will employment doctrine (employers have broad discretion)
  • Employment contracts (if they specify work location)
  • Collective bargaining agreements (for unionized workplaces)

For modifying or terminating remote work:

  • At-will employment (employers may change policies)
  • Subject to anti-discrimination protections
  • Subject to accommodation requirements under ADA

For remote work as accommodation:

  • Americans with Disabilities Act requirements
  • Interactive process with employer
  • Reasonable accommodation standard

Tax considerations:

For employers: Alabama follows standard state tax withholding based on where work is performed

For employees: Remote workers may have tax obligations based on work location

Note: Specific tax questions should be directed to the Alabama Department of Revenue or a tax professional.

Sources:

What protections do I have if I refuse to return to the office?

Your protections depend on your specific circumstances:

If you have a disability requiring accommodation:

You have the right to:

  • Request remote work as a reasonable accommodation
  • Engage in the interactive process with your employer
  • Receive reasonable accommodation (if it doesn’t create undue hardship)
  • Be free from retaliation for requesting accommodation

Your employer can:

  • Request medical documentation
  • Explore alternative accommodations
  • Deny remote work if it creates undue hardship or if you cannot perform essential functions remotely

If you refuse without a qualifying reason:

Under Alabama’s at-will employment doctrine:

  • Your employer may terminate your employment
  • Your employer may discipline you according to company policy
  • You may not be eligible for unemployment benefits if terminated for refusal to follow reasonable work directives

Exceptions – your employer cannot:

  • Apply return to office policies in a discriminatory manner (based on protected characteristics)
  • Retaliate against you for requesting accommodation or engaging in protected activities
  • Violate employment contracts or collective bargaining agreements

If you believe discrimination or retaliation:

  • Document all relevant communications
  • File an EEOC charge within 180 days
  • Consult an employment attorney

Sources:

  • At-will employment doctrine
  • Americans with Disabilities Act
  • Title VII of the Civil Rights Act
  • EEOC guidance

What is Alabama’s Equal Pay Act?

The Alabama Equal Pay Act prohibits wage discrimination based on sex or race for equal work.

Reference: Alabama Code §§ 25-1-30 through 25-1-40

Enacted: 2019
Effective Date: August 1, 2019

Key Provisions:

According to Alabama Code § 25-1-30:

Employers cannot pay employees at wages less than they pay employees of another sex or race for equal work requiring equal skill, effort, education, experience, and responsibility under similar working conditions.

Coverage:

  • Employers with 20 or more employees
  • Applies within the same establishment

Protected classes:

  • Sex (including gender)
  • Race

Permissible wage differences based on:

  • Seniority system
  • Merit system
  • Production-based system
  • Any factor other than sex or race

Anti-retaliation provision:

Employers cannot:

  • Retaliate against employees for discussing wages
  • Retaliate for filing complaints
  • Prohibit employees from inquiring about or discussing wages

Enforcement:

  • Private right of action in state courts
  • 2-year statute of limitations
  • Remedies: Back pay, compensatory damages, attorney’s fees
  • No liquidated damages (unlike federal Equal Pay Act)

Sources:

Others

Washington
California
New Jersey
Massachusetts
New York

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current