EEOC Issues Guidance On Telework As A Reasonable Accommodation

On February 11, 2026, the U.S. Equal Employment Opportunity Commission and Office of Personnel Management issued a joint technical assistance document addressing telework as a reasonable accommodation. While this guidance is directed at federal agencies, it is instructive for private employers as to how the current EEOC may analyze an employer’s decision to deny or rescind a telework accommodation. 

The EEOC takes the position that telework is only required as an accommodation if it is effective in enabling an applicant to participate in the application process, in enabling an employee to perform the essential functions of the job, or in providing equal access to benefits and privileges of employment. 

With regards to a work accommodation, the EEOC explains: “When there are several reasonable and effective options, an agency may choose an accommodation other than telework.” If the employee is performing the essential functions of the job with reasonable accommodations in-office, telework is not needed; but if the employee cannot perform the essential functions of the job despite reasonable in-office accommodations, telework should be considered. In other words, telework should be considered if it is the only effective accommodation to enable the employee to perform the essential functions of the job. 

The EEOC also makes clear that an agency which granted telework is entitled to make a change if operational needs change, the job duties change, or the employee’s condition changes. 

While the EEOC’s guidance is not binding on a court, it is helpful material that warrants further analysis and consideration. Thus, if you are analyzing an accommodation request for telework, we encourage you to review this new, employer-friendly guidance and reach out to a KZA attorney for assistance. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.