On February 11, 2026, the Equal Employment Opportunity Commission (“EEOC”), working with the U.S. Office of Personnel Management (“OPM”), issued new guidance titled “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities” (“FAQ”). The FAQ provides federal agencies with updated direction on when and how telework may be granted, modified, or denied as a reasonable accommodation under the Rehabilitation Act of 1973.

The new guidance reflects broader shifts in federal workforce policy following President Trump’s January 20, 2025 Executive Order order to restore traditional in‑office operations. Federal agencies have been instructed to eliminate routine remote work arrangements except in limited circumstances—such as when required as a disability accommodation or for other compelling, agency‑approved reasons.

While the guidance is directed at federal employers, the FAQ reflects principles the EEOC may use in its evaluation of telework cases in the private sector. All employers should therefore take note of the guidance.

1. Telework May Qualify as a Reasonable Accommodation

The EEOC clarifies there are three types of telework: full-time telework, recurring or routine telework, and situational telework. The EEOC reiterates telework can be a reasonable accommodation when it enables an employee to:

• Participate in the application process,
• Perform the essential functions of their job, or
• Access equal employment benefits and privileges.

Thus, telework requests that do not serve these purposes and serve primarily personal preferences—rather than addressing disability‑related limitations—do not qualify as a reasonable accommodation.

The guidance also states a distinction must be made between cases where telework is the only effective reasonable accommodation for a qualified employee with a disability and cases in which telework is just one of several effective options. The guidance specifically provides “[w]hen there are several reasonable and effective options, an agency may choose an accommodation other than telework.”

2. Agencies May Reevaluate Existing Telework Arrangements

Federal agencies are not required to continue all prior telework accommodations automatically. The guidance notes the employee is not necessarily entitled to their preferred accommodation in perpetuity.

Employers may reassess telework arrangements based on:

• Changed operational circumstances, such as return‑to‑office policies,
• The effectiveness of alternative in‑office accommodations, or
• Updated medical information.

Notably, the guidance provides relief for certain telework requests previously granted on a lenient assessment, such as during the COVID pandemic. The EEOC notes “that the [federal] agency was previously satisfied with an insufficient record does not forfeit its option to revisit the issue and make a new decision based on a sufficient one.”

3. New and Updated Medical Information Requests

The FAQ reaffirms federal agencies are entitled to sufficient medical information to assess accommodation requests. The FAQ further clarifies agencies may request medical documentation or additional appropriate information to support telework requests under appropriate circumstances.

If the employee initially provided sufficient medical information, the employer may need only to confirm the information is still accurate. However, if the employer did not collect sufficient information when originally providing the accommodation, the employer may also ask health care providers about mitigating measures or self‑accommodations relevant to the employee’s functional limitations that would permit in-office work. But, the EEOC cautions, an employer should not deny an accommodation because an employee has declined to pursue a particular medical treatment that might mitigate their condition.  

4. Considering Bad Faith Requests

The FAQ confirms employers are not required to ignore evidence supporting a bad faith request. Employers may consider reliable evidence that conflicts with an employee’s asserted need for telework, including social media activity or other observations of an employee that are inconsistent with the employee’s reported limitations.

5. Specific Telework Scenarios

The EEOC addresses two common reasons telework accommodations are sought by employees: (1) in-office anxiety and (2) difficult commutes to work. First, the EEOC guidance explains that telework is not necessarily required to address in-office anxiety.  The EEOC explains that the ADA “does not create a general right to free from all discomfort and distress in the workplace, including anxiety.” The question is whether the employee’s symptoms impose a material barrier to meeting the essential function of in-office presence or the enjoyment of equal benefits and privileges of employment. The EEOC suggests anxiety is not a material barrier if employees are able to meet performance standards in the workplace.

The EEOC guidance further explains that a difficult or lengthy commute alone does not warrant a telework accommodation. According to the guidance,  “in most cases, an employer has no duty to help an employee with a disability with the methods and means of [their] commute to and from work, assuming the employer does not offer such help to employees without disabilities.” The EEOC notes an employer may need to provide accommodations such as flexible scheduling to enable the employee to commute effectively or temporary telework to allow the employee time to relocate closer to the workplace.

Important Points to Remember

The EEOC’s FAQ is guidance only. Like all accommodation requests, employers (both private and federal) should assess accommodation requests based on the employee’s individual circumstances.

Federal agencies should consider taking the following steps:

• Review existing telework accommodations and reassess their continued necessity using individualized analyses.
• Ensure documentation practices align with the EEOC’s guidance regarding medical documentation requests.
• Evaluate the effectiveness of in‑office alternatives and document any proposed modifications.
• Establish or refine centralized processes for reviewing accommodations.
• Train managers and HR teams to ensure consistent application of the Rehabilitation Act and EEOC guidance.