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March 25, 2026
Last month, the Equal Employment Opportunity Commission (EEOC) released Frequently Asked Questions (FAQs) on telework accommodations for employees with disabilities in the federal sector, emphasizing the importance of individualized assessments and the interactive process. This guidance, developed in collaboration with the Office of Personnel Management (OPM), provides critical insights for employers – even those in the private sector – navigating the complexities of telework as a reasonable accommodation under The Rehabilitation Act and the Americans with Disabilities Act (ADA). The guidance was written to help federal agencies comply with recent instructions from President Trump to return the Executive Branch to in-person work, consistent with applicable law.
The EEOC’s guidance underscores that employers must avoid a “blanket approach” to telework accommodations. Instead, each request must be evaluated on a case-by-case basis, taking into account the specific needs of the employee and the essential functions of their job. Employers who revoke or deny telework accommodations without conducting an individualized assessment risk violating The Rehabilitation Act or the ADA.
Central to the EEOC’s guidance is the requirement for employers to engage in an interactive process with employees requesting telework accommodations. This process involves open communication to identify the employee’s limitations, explore potential accommodations, and determine whether telework is a feasible and effective solution.
Telework can be a reasonable accommodation when it enables an employee with a disability to perform the essential functions of their job. However, the guidance clarifies that telework is not automatically required in every case. Employers may deny telework requests if they can demonstrate that the accommodation would impose an undue hardship or if alternative accommodations are equally effective. Factors such as the nature of the job, the need for in-person collaboration, and the employer’s ability to supervise the employee remotely are critical considerations.
The EEOC acknowledges that circumstances may change over time, and employers are permitted to reassess previously granted telework accommodations. However, any reassessment must be based on an individualized evaluation of the employee’s current needs and the operational requirements of the workplace. Employers must avoid arbitrary revocations of accommodations, as this could lead to liability under The Rehabilitation Act or the ADA.
While The Rehabilitation Act and the ADA require employers to provide reasonable accommodations, it does not obligate them to grant an employee’s preferred accommodation if an alternative is equally effective. Employers retain the discretion to select accommodations that balance the employee’s needs with the operational demands of the business, provided the chosen accommodation enables the employee to perform their essential job functions.
To ensure compliance with the EEOC’s guidance, The Rehabilitation Act, and the ADA, employers should consider the following best practices:
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
