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The U.S. Equal Employment Opportunity Commission (EEOC), in coordination with the Office of Personnel Management (OPM), recently issued a Frequently Asked Questions (FAQ) document addressing when telework may constitute a reasonable accommodation for federal employees with disabilities.
The guidance comes amid renewed return-to-office directives across the federal government and is intended to help agencies reconcile operational policies with their obligations under federal disability discrimination law. Although the FAQs do not create new law, they reflect the EEOC's enforcement position and provide important insight into how the agency views telework as a potential reasonable accommodation.
While the guidance is directed to federal agencies, it also offers practical insight for private employers, including those that contract with the federal government, navigating telework accommodation requests under the Americans with Disabilities Act (ADA).
Key Takeaways from the EEOC's Guidance
Telework May Be a Reasonable Accommodation Depending on the Circumstances
The EEOC reiterates that telework may qualify as a reasonable accommodation if it enables a qualified employee with a disability to perform the essential functions of the position or to enjoy equal benefits and privileges of employment. However, telework is not automatically required. Employers may consider whether in-person attendance is an essential function of the job and whether other accommodations would allow the employee to perform the essential functions of the position.
Return-to-Office Policies Do Not Eliminate Accommodation Obligations
The guidance makes clear that general return-to-office policies do not relieve employers of their obligation to conduct an individualized assessment of accommodation requests. If telework is the only effective accommodation that enables an employee with a disability to perform the essential functions of the position, an employer may be required to provide that accommodation absent undue hardship.
Previously Approved Telework Accommodations May Be Reevaluated
According to the EEOC, employers may reassess telework accommodations periodically or when circumstances change, including when:
- Job duties are modified
- Operational needs evolve
- Updated medical information becomes available
- Agency-wide policies change
However, the EEOC cautions that blanket revocation of telework accommodations without individualized review may present legal risk. Each request must be evaluated on a case-by-case basis.
The Interactive Process Remains Critical
Consistent with existing ADA principles, the EEOC emphasizes the importance of the interactive process when evaluating accommodation requests. Employers should engage in a good-faith dialogue with the employee to determine an effective accommodation. This process may include:
- Requesting medical documentation when the disability or need for accommodation is not obvious;
- Exploring alternative accommodations; and
- Assessing whether telework would enable the employee to perform the essential functions of the position.
Temporary Telework May Be Reasonable in Some Situations
The FAQs also recognize that temporary or situational telework arrangements may constitute a reasonable accommodation, even where permanent remote work would not. For example, telework may be appropriate for a limited period during medical treatment or recovery. Employers should consider the duration and scope of the requested accommodation when assessing reasonableness and operational impact.
Employees Requesting Telework as an Accommodation Are Protected from Retaliation
The EEOC further reiterates that employees who request telework as a reasonable accommodation are protected from retaliation under federal disability discrimination laws. Employers should ensure managers are trained to respond appropriately to accommodation requests and to avoid actions that could be perceived as retaliatory.
Practical Considerations for Federal Employers
In light of the EEOC's guidance, federal agencies may wish to consider:
- Reviewing telework and accommodation policies for consistency with EEOC guidance
- Training supervisors on essential-function analysis and the interactive process
- Documenting individualized assessments when granting, modifying, or denying telework requests
- Avoiding categorical policies that foreclose individualized accommodation review
Implications for Private Employers
Although the FAQs are directed at federal agencies, they provide insight into how the EEOC may approach telework accommodation issues more broadly under the ADA.
As a result, private employers may wish to consider the agency's analysis when evaluating telework accommodation requests or implementing return-to-office policies, particularly where telework may enable an employee with a disability to perform the essential functions of the position.
The Bottom Line
The EEOC's new guidance reinforces a familiar principle: telework may be required as a reasonable accommodation in certain circumstances, even as employers implement return-to-office policies. Employers should review job descriptions to ensure that, when in-office attendance is an essential function, it is clearly indicated along with any other essential functions of the job. This approach could strengthen the employer's position against potential claims that the employer's refusal to permit telework violates its legal obligation to provide a reasonable accommodation.
Employers should ensure they conduct individualized assessments of telework accommodation requests, engage in a meaningful interactive process, and carefully document accommodation decisions. Doing so can help mitigate legal risk while maintaining operational flexibility.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
