How EEOC’s New Telework Guidance May Affect Private Sector
The Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) issued a FAQ-style joint technical assistance document addressing telework accommodations for federal employees with disabilities under the Rehabilitation Act and Americans with Disabilities Act (ADA) on February 12, 2026. The joint guidance is in response to President Donald Trump’s Jan. 20, 2025, order instructing executive agencies to “return to work in-person … on a full-time basis … consistent with applicable law.”
Although the guidance is directed at federal agencies, the EEOC may take the same or similar positions on these issues in the private sector. All employers may want to consider this guidance when determining whether telework accommodations may be granted, modified, or denied and how to structure their process for telework accommodations.
