The EEOC has issued guidance for federal agencies addressing telework as a reasonable accommodation for disabilities under the Rehabilitation Act. Private-sector employers may find it instructive because it closely tracks ADA principles.
The guidance emphasizes that telework may be required when it is the only effective accommodation, but it is not automatic or permanent. The guidance confirms that employers may reassess previously granted telework in response to changed operational needs, as long as their decisions are individualized and evidence-based. Agencies may reevaluate existing telework arrangements based on individualized assessments, request updated medical documentation where appropriate, and consider effective in-office alternatives. Employers should ensure that managers and HR teams evaluate telework requests consistently.
Regarding commuting-related claims, the guidance states that an agency may not have to permit telework so that a disabled employee can avoid commuting, but it may need to provide a flexible work schedule to enable the employee to accomplish their commute.
Employers can learn more by registering for Navigating the Reasonable Accommodation Process, a course offered by the Center for Workplace Compliance, our affiliated nonprofit membership association. CWC members can read more here.