Telework has long been recognized as a reasonable accommodation for federal employees with disabilities. In February 2026, the Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (EEOC) issued joint FAQ guidance signaling a more restrictive approach as part of a broader return-to-office push. This shift raises concerns that agencies may begin denying telework requests more often, even where the law still supports them.
What Is Telework as a Reasonable Accommodation?
Under the Rehabilitation Act of 1973, which governs federal employees, agencies must provide reasonable accommodations to qualified individuals with disabilities unless doing so creates an undue hardship. Courts and enforcement guidance have consistently recognized telework, including full-time or hybrid arrangements, as a potential accommodation.
Telework may be appropriate when:
- A medical condition limits mobility or commuting ability
- An employee is at a higher risk from environmental exposure
- The job can be performed effectively outside the office
The key question is whether the essential functions of the job can still be performed. If the answer is yes, telework remains a viable accommodation under federal law.
How EEOC Guidance Has Historically Supported Telework
The EEOC has repeatedly confirmed that working from home can be a reasonable accommodation in appropriate circumstances. This position became even more visible during and after the COVID-19 pandemic, when many agencies successfully operated with remote workforces.
Past EEOC guidance emphasizes:
- Employers must assess accommodation requests individually
- Blanket policies against telework are not allowed
- Prior successful telework can support future accommodation requests
This framework has helped federal employees request and maintain telework arrangements tied to medical needs.
What Are OPM and EEOC Signaling Now?
Recent policy discussions and guidance updates suggest a shift. OPM has encouraged agencies to increase in-person work, and some interpretations of EEOC materials have placed greater weight on physical presence as part of job performance.
While these are not outright bans, they can influence how agencies evaluate requests. In practice, employees may see:
- More denials based on “team cohesion” or “mission needs”
- Increased scrutiny of whether telework is necessary to enable the employee to perform the essential functions of the role
- Pressure to return to the office, even with documented medical conditions
- Reassessment of existing telework accommodations to identify in-office alternatives
- Greater emphasis on in-person attendance as an “essential function,” especially for collaborative roles
- Employees may be asked to attempt in-office accommodations before telework is approved
This shift can create confusion, especially when agency messaging appears to conflict with established disability law.
Do These Policy Changes Override Federal Disability Law?
No. While this guidance may influence how agencies evaluate requests, it does not change the legal standard under the Rehabilitation Act, which applies ADA principles to federal employment.
Federal employers are still required to:
- Engage in an interactive process with the employee
- Consider reasonable accommodations in good faith
- Provide accommodations unless they can show undue hardship
A general return-to-office policy is not, by itself, a valid reason to deny a medically supported telework request. Each situation must be evaluated on its own facts.
What Federal Employees Can Do to Protect Their Rights
If you are requesting or currently using telework as an accommodation, there are steps you can take to strengthen your position.
Document your medical need clearly
- Obtain detailed medical documentation explaining limitations
- Tie those limitations directly to your work environment
Show that you can perform your job remotely
- Reference past telework performance, if applicable
- Identify how your duties are completed off-site
Keep records of all communications
- Save emails, accommodation requests, and agency responses
- Document any changes in agency reasoning or expectations
Engage in the interactive process
- Respond promptly to requests for information
- Be open to reasonable alternatives, if offered
If your request is denied, you may have grounds to pursue an EEO complaint. Timing matters, so acting early can make a difference.
When to Speak With a Federal Employment Attorney
If you are facing a denial, a forced return to the office, or inconsistent treatment, it may be time to get guidance.
We can help you:
- Evaluate whether your rights were violated
- Prepare or respond to agency accommodation decisions
- File and pursue an EEO complaint if needed
Early advice can help you avoid missteps and preserve your claims.
Protecting Your Right to Work Safely
Telework remains a recognized reasonable accommodation under federal disability law. Even as agency policies shift, your rights do not disappear.
If you are being asked to return to the office despite a medical need, or your telework request has been denied, it may be time to take the next step. Contact Solomon Law Firm to discuss your situation and understand your options.