Labor & Employment Developments Blog

On February 11, 2026, the EEOC released guidance addressing telework as a reasonable accommodation under the Rehabilitation Act and Americans with Disabilities Act (“ADA”), providing a framework for employers managing return-to-office requests. The guidance clarifies that telework may be required as a reasonable accommodation when it is necessary for an employee to perform the essential functions of the position or to access equal employment opportunities and benefits. It further explains that telework is not required where the essential functions must be performed on-site or where the request is based solely on preference or on general symptom management. The guidance also affirms employers may re-evaluate and modify or discontinue previously approved telework arrangements through the interactive process.

According to the EEOC, employers retain discretion to select among effective accommodations are not required to provide an employee’s preferred accommodation if another effective option exists. Employers may require employees to attempt reasonable in-office solutions, such as modified equipment or environmental adjustments, instead of telework. The guidance further explains that an employer’s temporary allowance of remote work during the COVID-19 pandemic did not permanently alter a position's essential functions. Thus, employers may require in-person attendance if physical presence remains essential to the role.

The guidance empowers employers to reassess and modify existing accommodations when business conditions, operational needs, or job duties change, or when a previously granted accommodation exceeded legal obligations. Employers may also request updated medical documentation to support continued accommodation and may consider evidence that conflicts with an employee’s stated limitations, such as social media activity. The EEOC emphasizes that the ADA does not guarantee employees a workplace free from all discomfort and does not require telework where anxiety or other conditions do not create a substantial barrier to performing essential job functions on site.

Furthermore, the guidance also makes clear that a difficult or lengthy commute alone does not warrant a telework accommodation. The EEOC states that “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.” However, employers may need to provide accommodations, such as flexible scheduling, to enable the employee to commute effectively. In limited circumstances, temporary telework may be reasonable to allow the employee time to relocate or arrange alternative transportation.

Finally, if an employer lawfully denies a telework request after engaging in the interactive process and the employee refuses to return to work, the employer may enforce its attendance policies and impose appropriate discipline.

Given this guidance from the EEOC, employers should carefully evaluate telework requests through a documented interactive process to ensure compliance while maintaining operational needs. The KMK Law Labor & Employment Group regularly advises employers on navigating workplace accommodation laws and is ready to assist as these requirements continue to develop.