On January 20, 2025, President Trump issued a memorandum instructing federal agencies to end employee telework arrangements, consistent with applicable law. Earlier this month, the Equal Employment Opportunity Commission issued an FAQ focusing on how government agencies should assess disabled federal employees’ remote work accommodation requests in conjunction with the memorandum and the requirements of the Rehabilitation Act. While the FAQ specifically applies to federal agencies, the principles set forth by the EEOC can assist private sector employers in assessing telework requests in accordance with the Americans with Disabilities Act.

The FAQ says that employers must make decisions regarding telework on an individual basis. Once an employer has agreed to a remote work arrangement, it should periodically review the effectiveness of the accommodation, especially when business circumstances change. The EEOC notes that employers are allowed to implement alternative effective accommodations even if the employee prefers remote work. When assessing a telework request, the employer is entitled to seek confirmation from the employee’s medical provider, as well as guidance on other accommodations that would allow in-person work.

The FAQ makes clear that the employer does not have to accept the employee’s medical provider’s recommendations at face value. If there are adequate grounds to dispute this, or if the employer has observed the employee behaving in ways that call into question the actual extent of their limitations, it can use its reasonable judgment to make the accommodation decision. If the employee insists without medical evidence that they cannot work in person, the employer can require them to attempt to do so as a condition of continuing employment. This includes situations where the employee claims anxiety over in-person work as the basis for the accommodation request.

While the EEOC’s guidance is intended to help implement the president's directive, it may also assist private sector employers with responding to disabled employee telework requests, as well as EEOC charges alleging failure to provide reasonable accommodations.

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