In February 2026, the Equal Employment Opportunity Commission (EEOC) issued guidance titled “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities.” Although it’s targeted toward federal agencies, the guidance draws on standards also relevant to private employers covered under the Americans with Disabilities Act (ADA).
Alternative Reasonable Accommodations
The ADA entitles qualified employees with disabilities to reasonable accommodations to allow them to:
- Participate in the application process;
- Perform the essential functions of their job; and
- Enjoy equal benefits and privileges of their employment.
An employer needs only to provide telework as an accommodation if it is effective in facilitating one of these purposes. If telework is only one of several reasonable and effective options, however, employers may choose to offer alternative accommodations.
Focusing on accommodations that allow employees to perform their essential job functions, the EEOC acknowledged that the possibility of symptom mitigation, by itself, doesn’t entitle an employee to telework as a reasonable accommodation. Employers must make individualized assessments for each employee to determine whether telework or an alternative accommodation is appropriate.
Reevaluating Previously Granted Telework Accommodations
Employers that previously granted telework as an accommodation aren’t obligated to continue to provide that accommodation going forward. That is particularly true when there’s a change in an employee’s condition, job requirements, or the operational needs of the business. Employers that previously chose to go beyond their legal obligations and provide telework accommodations when not required to do so, or did so in response to COVID-19, are also not bound by that decision. However, the EEOC strongly cautions against revoking previously granted telework arrangements without making an individualized assessment on a case-by-case basis.
Employers may periodically evaluate whether telework remains a necessary accommodation under the ADA. If it isn’t, employers may replace this previously granted accommodation with an effective in-office alternative.
Requests for Medical Documentation
Like all aspects of making accommodation decisions, whether to request medical documentation from an employee will vary from case to case. Some disabilities and limitations may be obvious. Others may not be and will require the employer to obtain sufficient information to decide.
An employer that previously granted a telework accommodation with insufficient information can request updated medical documentation if needed to make a reevaluation decision.
Employees Who Refuse to Comply with Return-to-Office Instruction
Employers that deny, rescind, or modify a telework accommodation should engage in the interactive process to determine whether an alternative in-office accommodation would be effective and reasonable. After taking such steps, if an employee refuses to comply with an instruction to report to the office, the employer may treat them as absent without leave and discipline the employee in accordance with its policies.
Situational telework
Situational telework is temporary telework in response to extenuating circumstances. For example, employers may permit telework while an employee recovers from a medical procedure.
When considering situational telework as an accommodation, employers should assess whether it benefits the company to allow an employee to telework instead of taking leave. This includes whether teleworking would impair the employee’s work or if there’s an operational benefit for allowing the employee to telework rather than take leave.
Takeaway
Employers should be aware that EEOC guidance isn’t binding, and courts may differ from the EEOC’s views. If you have any questions about your obligations under the ADA, please reach out to Whiteford’s labor and employment law team for guidance.
Catherine C. Buchanan is an attorney with Whiteford, Taylor & Preston, L.L.P., in Richmond, Virginia, and can be reached at cbuchanan@whitefordlaw.com.