Behavioral health providers continue to navigate a shifting landscape brought on by COVID-19 and social changes. While uncertainty remains, there are concrete steps organizations can take to protect themselves legally. According to national employment lawyer Theresa Gallion, who has worked with behavioral health organizations since 1988, providers should prioritize updating their remote work policies and strengthening their social media guidelines.
Why Remote Work Policies Need Updates
The pandemic forced many providers into telework arrangements to maintain continuity of care and operations. But now, providers are left asking whether employees who worked remotely during COVID-19 will be entitled to permanent telework accommodations. Gallion addressed this concern during a presentation at a virtual conference hosted by MHCA, a trade group for behavioral health providers.
She explained that the Equal Employment Opportunity Commission (EEOC) issued updated guidance on September 8, 2020, clarifying that employers are not automatically required to allow indefinite telework for employees who worked remotely during the pandemic. This applies even for individuals with disabilities, as long as employers adhere to the Americans with Disabilities Act (ADA).
Gallion emphasized that in-person work can be required if it is considered an essential job function. The key, she said, is for employers to clearly state this in job descriptions. Without documented evidence, it becomes much harder to enforce a return-to-work policy.
The Importance Of Documentation
Providers who want to reestablish in-person attendance should revise job descriptions now to specify that being physically present is a fundamental requirement. This should be accompanied by written explanations of why in-person work is necessary.
For example, Gallion noted that productivity and communication breakdowns during remote work could justify returning staff to the office. Employers should record any challenges that arose with telework, as this provides support if an employee disputes the change.
She described the COVID-19 period as a trial run for telework. If it did not work effectively, employers must communicate that clearly and back it up with documentation. Telling staff that the essential duties of their job require in-person presence creates stronger legal footing if challenges arise later.
Gallion also warned against relying too heavily on the “undue hardship” provision of the ADA, predicting that post-pandemic, courts may be less receptive to such arguments. Instead, she encouraged providers to make the case that in-person attendance is indispensable.
Preparing For Long-Term Workplace Changes
As the pandemic continues, providers must prepare for the eventual return of more staff to physical locations. Gallion’s advice reflects a broader trend in employment law: organizations are expected to adapt their practices, anticipate challenges, and communicate policies clearly. By proactively updating remote work rules, behavioral health providers reduce the risk of disputes and legal battles.
Why Social Media Policies Matter More Than Ever
Alongside remote work, social media has become a pressing issue for employers. The rise of political polarization, social movements, and a contentious election year have only intensified the challenges. Gallion noted that she frequently receives calls from clients dealing with problematic employee posts online.
She advised behavioral health providers to adopt or update social media policies that specifically prohibit posts conflicting with equal employment opportunity standards, those that incite hate or violence, and content that damages the organization’s reputation.
Importantly, she clarified that employers in all 50 states are permitted to enforce such policies for private employees. Clear social media guidelines help prevent workplace conflict, protect organizational reputation, and support a respectful culture.
Addressing Political And Social Tensions
Gallion recommended that behavioral health providers remind employees of their responsibilities during politically charged times. She suggested sending messages that acknowledge the divisiveness of election cycles and encourage staff to uphold the values of dignity, respect, and tolerance in both the workplace and online spaces.
Employers should emphasize that the organization’s mission is to serve the community and that behavior incompatible with equal employment opportunity standards will not be tolerated. By proactively communicating expectations, providers can reduce the risk of damaging incidents tied to social media activity.
Balancing Free Expression And Organizational Integrity
While employees may have the right to express personal views, employers also have the right to protect workplace culture and public trust. Gallion pointed out that behavioral health organizations, in particular, have community reputations to safeguard. Offensive or inappropriate posts by employees can harm relationships with community partners, patients, and stakeholders.
Updating social media policies ensures providers can act decisively if an employee’s conduct crosses the line. It also establishes clear boundaries, giving employees guidance on how to navigate their personal expression without jeopardizing professional responsibilities.
Legal And Ethical Considerations
Employment law continues to evolve alongside societal changes. The pandemic has accelerated reliance on digital communication, both in the workplace and on social platforms. As a result, behavioral health providers must take extra care to ensure compliance with labor laws while also preserving the integrity of their organizations.
Gallion’s advice underscores the need for proactive measures rather than reactive responses. By establishing firm but fair remote work and social media policies now, providers set the foundation for stability during uncertain times.
Protecting Behavioral Health Organizations
The stakes are especially high for behavioral health providers. These organizations not only employ large, diverse workforces but also serve vulnerable populations. Missteps in policy or communication can have serious consequences, including legal disputes, reputational harm, and diminished quality of care.
By following Gallion’s recommendations, providers can mitigate risks. Updating job descriptions to define in-person work as essential, documenting telework challenges, and crafting clear social media guidelines all help create legal and operational safeguards.
Looking Ahead
While the pandemic and political climate create uncertainty, one thing is clear: behavioral health providers must be proactive in managing workforce challenges. Remote work and social media use are here to stay in some form, but employers can set boundaries that balance flexibility with accountability.
Gallion’s insights provide a roadmap for organizations striving to maintain legal compliance and workplace stability. In a time when behavioral health providers face immense external pressures, ensuring that internal policies are up to date may prove to be one of the most important steps leaders can take.
