Federal telework policy is in flux — and that has serious implications for federal employees seeking telework as a reasonable accommodation under disability law. While agencies are pushing return-to-office policies, disability law still requires individualized accommodation decisions.
Under the Rehabilitation Act of 1973, federal agencies must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. The EEOC has explicitly recognized telework as a form of reasonable accommodation when it allows an employee to perform the essential functions of their job.
EEOC Telework Guidance: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation
EEOC Disability Discrimination Overview: Fact Sheet: Disability Discrimination | U.S. Equal Employment Opportunity Commission
Even if an agency restricts telework under internal policy, disability law may still require telework when it is necessary for a qualified employee.
OPM Reasonable Accommodation Guidance: https://www.opm.gov/telework/tmo-and-coordinators/reasonable-accommodations/
Recent agency trends from OPM, HHS, and CDC show increasing restrictions on telework, but these internal policies do not override federal disability law.
Federal News Network on Telework Policy: As HHS restricts telework, CDC asks employees to ‘bypass’ reasonable accommodation process
Telework as a reasonable accommodation is different from ordinary telework. It is not a perk — it is a legal right when medically necessary.
Questions and Answers
What law covers telework as a reasonable accommodation? The Rehabilitation Act of 1973, enforced by the EEOC.
Can agencies deny telework because the job is not telework eligible? No. Agencies must consider telework if it is needed to accommodate a disability.
Do return-to-office orders override accommodation rights? No. Agencies must still engage in an individualized interactive process.
What happens if telework is denied? Employees may file EEO complaints, or MSPB appeals (if they are removed from service due to medical inability to perform).
Conclusion: Telework remains one of the most powerful reasonable accommodations for federal employees with disabilities.