02-26-2026
Employer Insight: The EEOC published an FAQ entitled “Frequently Asked Questions From the Federal Sector about Telework Accommodations For Disabilities.” While directed at federal employers, the principles set forth reflect how the EEOC will view teleworking and ADA requirements for private employers. State laws and local jurisdictions may have broader protections than federal law.
The EEOC defines telework as work performed at a location other than the employer-controlled worksite on a regularly scheduled basis or temporarily to address a particular situation. Telework is a reasonable accommodation if it enables applicants and employees with disabilities to participate in the application process, perform the essential functions of their positions, and enjoy equal benefits and privileges of employment. Where telework is primarily for the employee’s personal benefit, it is not a required accommodation under the law.
Federal agencies may revisit previously granted accommodations and “assess whether there continues to be a need for reasonable accommodations based on individualized circumstances,” including whether there are other accommodations that might meet those needs. Material changes to particular positions, the employee’s condition, or operational needs may trigger an agency to “situationally reevaluate” accommodations. If an employer has gone beyond what is legally required, the employer is not obligated to continue with the telework accommodation. Employers may request updated medical documentation where the existing medical documents are no longer accurate. The FAQ provides detailed instructions for difficult situations, including when there is conflicting information about the need for telework, when an employee refuses to return to in-person work, and when telework requests are tied to in-office anxiety and commuting issues.