On February 11, 2026, the Equal Employment Opportunity Commission and the Office of Personnel Management issued a joint frequently asked questions document for federal employers on using telework as a disability accommodation.

The guidance supports the President’s January 20, 2025, directive to return to in‑person work consistent with the law. While aimed at federal agencies, the guidance offers practical direction that private employers can also consider.

This guidance applies to federal agencies effective February 11, 2026. For private employers, it is non‑binding (optional) but may inform best practices.

What Employers Need to Do

• Define the job clearly: update job descriptions to reflect current essential functions and when in‑person presence is required.

• Standardize the process: use a consistent, interactive intake and decision workflow; allow trial or temporary accommodations to test effectiveness.

• It is recommended to right‑size documentation:

• Confirm and rely on prior medical documentation if it is still accurate.
  • Request targeted updates when documentation is insufficient or outdated (including provider input on measures that enable in‑office work).
  • It is recommended not to deny a request solely because an employee declines a particular treatment.

• Evaluate evidence fairly: consider reliable contradictory information and document why unreliable sources are discounted.

• It is recommended to revisit accommodations on a cadence: schedule annual reviews of significant accommodations and reassess upon material changes (role, operations, law, or condition).

• Consider alternatives first: prioritize effective in‑office adjustments before telework; if needed, use short‑term telework to facilitate relocation or address temporary limitations.
  • Consider training: It is suggested to train managers on individualized analysis, non‑retaliation, and documentation; consider centralized review for consistency.

• Check the legal overlay: map the approach to state and local requirements and maintain separate processes for pregnancy‑related and religious accommodations.

Overview

• What was issued: A joint, question‑and‑answer guidance for federal employers on telework as a disability accommodation, developed by the Equal Employment Opportunity Commission and the Office of Personnel Management.

• Purpose: Help agencies return employees to in‑person work consistent with the law while honoring disability accommodation duties.

• Key definitions: “Telework” means work done away from the employer’s worksite—full‑time, on a regular schedule, or temporarily for a specific situation.

• Scope and legal status: The guidance does not change the law and is not binding on courts; it signals how the agencies view these issues. State and local laws may be more protective.

• Where to find it: FAQs.

Why this matters

• Effectiveness is the test: Telework is required only if it enables participation in hiring, performance of essential job duties, or equal access to benefits. It is not required for convenience or general symptom relief without a functional impact.

• On‑site work can be essential: In‑person presence may be an essential function (for example, supervision, collaboration, or teamwork). Pandemic flexibility did not permanently redefine essential duties.

• No right to a preferred option: Employees are entitled to an effective accommodation—not necessarily telework—if in‑office options work.

• Reevaluation is expected: Previously granted telework can be reviewed and modified when job duties, operations, laws, or health conditions change—while avoiding blanket rollbacks.

• Courts may not defer to agencies: After the Supreme Court’s Loper Bright decision, courts may give less deference to agency interpretations. Tread carefully and document decisions.

Key Risks for Employers

• Blanket decisions: Categorical rescission or denial of telework without an individualized analysis.

• Poor documentation: Missing or outdated job descriptions and weak records of essential functions and operational needs.

• Over‑ or under‑scrutiny: Ignoring reliable contradictory evidence or engaging in a speculative investigation.

• Misclassifying conditions: Treating common anxiety as automatically requiring telework or dismissing episodic flare‑ups without analysis.

• Commuting errors: Assuming that anxiety automatically requires telework or disregarding episodic flare‑ups without evaluating how the condition affects essential job duties.

• Compliance gaps: Overlooking state and local disability laws, the Pregnant Workers Fairness Act, or religious accommodation duties.

Source Reference

• EEOC – Press Release – Joint Technical Assistance Document (02-11-2026)
• EEOC – FAQs about Telework Accommodations for Disabilities
• Presidential Memorandum, “Return to In-Person Work” (January 20, 2025) 

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