Paul Kramer | Director of Compliance
On February 11, 2026, the Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM) issued a frequently asked questions (FAQ) document discussing when teleworking may be a reasonable accommodation for federal employees with disabilities. Although this FAQ is aimed at federal agencies, the guidance provides valuable instruction for private employers to update their workforce compliance requirements to follow under the Americans with Disabilities Act (ADA). Here are some important takeaways from the FAQ.
Teleworking can be a reasonable accommodation if it is effective
“Telework” refers to work an employee performs at a location other than the employer-controlled worksite, such as working from home. In the FAQ, the EEOC reconfirms that teleworking may constitute reasonable accommodation if it enables an employee with a disability to perform the essential duties of their job and enjoy equal benefits and privileges of employment as other employees. In other words, teleworking can be reasonable accommodation if it is effective, but it is not always required.
The EEOC emphasized that employees are not automatically entitled to the reasonable accommodation they prefer, such as telework, but only an accommodation that enables them to perform their jobs. So, if teleworking merely reduces an employee’s disability symptoms without also enabling them to perform the essential functions of their position, teleworking would not be legally required as an accommodation. Employers also have the ultimate discretion to decide which accommodation to use when more than one is effective.
Additionally, the EEOC reiterated the importance of the interactive process in evaluating the effectiveness of accommodations, including telework. The “interactive process” is a mandatory, good-faith, collaborative dialogue between an employee and employer to help identify effective reasonable accommodations for workplace limitations. Failing to properly engage in an interactive process could result in providing ineffective accommodation or improperly denying reasonable accommodation.
Employers may reevaluate previously approved telework accommodations
According to the FAQ, reasonable accommodation evaluation is not a one-time thing. Re-evaluation and modification of accommodations are part of the interactive process allowing employers to revisit previously provided accommodation if circumstances change. These circumstantial changes may include when an employee’s job duties are modified, business needs shift, updated employee medical information is received, or an employee’s health condition improves or deteriorates. Nevertheless, the EEOC cautions against blanket recissions of previously granted accommodations, such as telework, because each accommodation request must be evaluated on its own merits.
Return-to-office mandates do not prohibit teleworking as an accommodation
An employer’s return-to-office mandate does not eliminate telework as a potential reasonable accommodation for employees with a disability. Employers should always consider teleworking accommodation requests during the interactive process based on the employee’s particular circumstances and the ADA’s requirements.
Retaliation is prohibited
The EEOC further emphasized that employees requesting telework accommodation are shielded from workplace retaliation. Consequently, employers should train their managers and other relevant staff on how to properly respond to a teleworking request to avoid potential retaliation of claims.
Employer considerations
The EEOC’s new FAQ guidance reemphasizes that under the appropriate circumstances, teleworking may be required as an accommodation for employees with disabilities. In determining whether teleworking is a reasonable accommodation, employers should conduct an individualized assessment of the employee’s circumstances, engage in a good-faith interactive process, and thoroughly document the entire accommodation process. These steps may help minimize legal liability and improve employee morale by providing a fair and effective accommodation process.
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