February 11, 2026
Federal Sector Employers: Welcome to Our World – EEOC & OPM Guidance on RTW & Telework
On February 11th, the Equal Employment Opportunity Commission (EEOC) and the federal Office of Personnel Management (OPM) published joint guidance announcing, “In these FAQs, the EEOC and OPM remind federal agencies of the importance of engaging in the interactive accommodations process while they continue to serve the American people efficiently and effectively.”
That’s a song that HR professionals in the private sector have been signing for years, engaging in the interactive process. If you are a government contractor, your government client might now better understand the challenges you have faced when they demanded that you remove one of your employees from their contract because the employee needed a reasonable accommodation under the Americans with Disabilities Act (ADA).
This topic is far from new. You might remember back in 2003 (yep! 23 years ago and also in February), the EEOC published “Work at Home/Telework as a Reasonable Accommodation.” Much of the guidance then and now is similar. Some questions from the latest guidance that I find are also common from the private sector include:
When and how may an agency reevaluate and modify a previously granted recurring or full-time telework accommodation? Agencies should situationally reevaluate in response to material changes, such as a change in the employee’s condition, a change in job requirements, a change in operational needs, a change in law, etc.
What are an agency’s options when a previously granted recurring or full-time telework accommodation removed essential functions? The fact that an employer temporarily excused performance of one or more essential functions when it closed the workplace and enabled employees to telework for the purpose of protecting their safety from COVID-19, or otherwise chose to permit telework, does not mean that the employer permanently changed a job’s essential functions, that telework is always a feasible accommodation, or that it does not pose an undue hardship. These are fact-specific determinations.
And one more. An employee asserts they experience anxiety or other disability-related symptoms when working in the office. Is the agency required to provide recurring or full-time telework as an accommodation? …the Act does not create a general right to be free from all discomfort and distress in the workplace, including anxiety. Instead, the Act entitles disabled employees to a fair shot to do their jobs and enjoy the benefits and privileges of those jobs on comparable footing as their non-disabled peers. When disability-related symptoms arise in the workplace, the question is first whether the symptoms impose a material barrier to the employee’s ability to work in the office or enjoy a benefit or privilege of employment. If not, then reasonable accommodation is not at issue.
Read the full guidance here. While the target audience for this current guidance is federal sector agencies, it references cases and prior guidance related to private sector issues, too. It also answers questions about coverage under the federal Rehabilitation Act, which applies to many private sector government contractors. Talk to your company’s legal counsel. Revisit the 2003 Guidance as a refresher and consider whether the new Guidance might be a good resource for you as a private sector employer.
