By Gary L. Levine, Levine Federal Law
Introduction
The Equal Employment Opportunity Commission (EEOC) recently issued new guidance addressing when telework must be provided as a reasonable accommodation for federal employees with disabilities.
You can read the guidance here:
https://www.eeoc.gov/FAQ-federal-sector-telework-accommodations-disabilities
This guidance comes at a critical time. Federal agencies are increasingly requiring employees to return to the office full-time. At the same time, federal law continues to require agencies to provide reasonable accommodations to qualified employees with disabilities.
These two requirements are now in direct tension.
The EEOC’s guidance reinforces an important legal principle: return-to-office policies do not override the Rehabilitation Act.
Federal Agencies Are Still Required to Provide Reasonable Accommodation
Federal agencies are governed by the Rehabilitation Act of 1973. This law requires agencies to provide reasonable accommodations to employees with disabilities unless doing so would create undue hardship.
See: https://www.eeoc.gov/statutes/rehabilitation-act-1973
Reasonable accommodations may include telework or remote work, modified schedules, reassignment, workplace modifications, or assistive technology.
Telework has long been recognized as a potential reasonable accommodation under federal law.
The key legal question is whether the employee can perform the essential functions of the job while teleworking. If the answer is yes, telework may be required.
Return-to-Office Policies Do Not Automatically Justify Denial of Telework Accommodation
Many agencies are implementing policies requiring employees to work in person. These policies reflect management priorities, but they do not eliminate the agency’s legal obligations under the Rehabilitation Act.
The EEOC makes clear that agencies must conduct an individualized assessment of each accommodation request.
Agencies cannot deny telework accommodation simply because the agency prefers in-person work, a general return-to-office policy exists, or telework is limited for other employees.
Accommodation decisions must be based on the employee’s specific medical limitations and the actual requirements of the position.
EEOC Guidance Reinforces Existing Legal Requirements — It Does Not Create New Law
The EEOC’s guidance is important, but it does not create new legal rights.
The Rehabilitation Act already requires agencies to provide reasonable accommodations.
Federal courts—not the EEOC—ultimately decide accommodation disputes. Courts evaluate cases based on the employee’s job duties, medical evidence, agency justification, and operational realities.
EEOC guidance is persuasive—but not binding.
Essential Job Functions Remain the Central Legal Issue
In accommodation cases involving telework, the most important question is whether the employee can perform the essential functions of the job remotely.
Essential functions are determined by examining the position description, actual duties performed, and operational realities.
Many federal jobs—including investigators, analysts, attorneys, and administrative personnel—are capable of being performed remotely.
If essential functions can be performed remotely, telework becomes a strong candidate for reasonable accommodation.
Agencies Must Prove Undue Hardship to Deny Telework Accommodation
If an agency denies telework accommodation, it must demonstrate undue hardship.
Undue hardship requires significant operational difficulty or expense—not mere inconvenience or preference.
Agencies must provide objective evidence supporting their decision.
The Interactive Process Is Legally Required
Federal agencies must engage in the interactive process when an employee requests accommodation.
This requires evaluating the request in good faith, considering telework, communicating with the employee, and exploring alternatives.
Failure to engage in this process may violate the Rehabilitation Act.
Comparator Evidence Can Be Critical
Comparator evidence can demonstrate that telework is feasible.
If agencies allow telework for other employees, it undermines claims that telework is infeasible.
This evidence often plays a critical role in litigation.
What Federal Employees Should Do
Federal employees requesting telework accommodation should submit requests in writing, provide medical documentation, and maintain records of all communications.
Accommodation cases often turn on documentation.
The Bottom Line
Federal agencies must evaluate telework accommodation requests individually.
Return-to-office policies do not override the Rehabilitation Act.
Where telework allows an employee to perform essential functions without undue hardship, telework may be legally required.
About Levine Federal Law
Levine Federal Law represents federal employees nationwide in reasonable accommodation cases, telework accommodation disputes, disability discrimination claims, EEOC hearings, and MSPB appeals.
If your agency denied your telework accommodation request, you have legal rights to challenge that decision. Contact us today to learn more about your employment rights.
Visit: https://www.LevineFedLaw.com