Remote work policies are tightening. But the Americans with Disabilities Act did not disappear when companies decided the office feels collaborative again.

Last week, the U.S. Equal Employment Opportunity Commission issued federal-sector guidance on telework accommodations for employees with disabilities. Although written for federal agencies under the Rehabilitation Act, that statute incorporates ADA standards. So if you are a private employer navigating return-to-office mandates, this guidance is directly relevant.

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TL;DR: In response to a federal return-to-office directive, the EEOC issued guidance explaining how agencies must balance in-person work requirements with their duty to accommodate disabilities. For private employers, the message is clear: no blanket revocations, individualized assessment is mandatory, telework can be a reasonable accommodation (but not automatic), and return-to-office mandates do not override the ADA.

📄 Read the EEOC guidance here.

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Why the EEOC Issued This Guidance

The President directed federal agencies to return employees to in-person work on a full-time basis. Agencies immediately faced a compliance problem: how do you implement that directive while still honoring disability accommodation obligations?

The EEOC issued this FAQ to walk agencies through when telework must be continued, when it may be modified, and when it may be rescinded. Because the Rehabilitation Act incorporates ADA standards, the analysis mirrors what private employers must already do.

No blanket “everyone back” decisions

The EEOC cautions agencies against rescinding telework accommodations across the board. Each case requires an individualized assessment.

Private-sector translation: If you announce a universal return-to-office policy and automatically terminate all remote ADA accommodations, you are increasing litigation risk.

The interactive process still applies. Employers must evaluate whether telework remains necessary to enable performance of essential functions or whether an effective in-office alternative exists.

Telework may be reasonable, but it is not automatic

The guidance confirms that telework can qualify as a reasonable accommodation when it enables an employee to perform essential job functions. It also emphasizes that employers retain discretion to choose among effective accommodations.

An employee is not entitled to a preferred accommodation indefinitely. If assistive devices, environmental modifications, schedule flexibility, or job restructuring would be effective in the office, an employer may choose those options instead of telework.

If telework is the only effective way to enable performance of essential functions, however, it likely must be provided unless it creates an undue hardship.

Essential functions still control

The EEOC makes clear that temporarily excusing in-office duties during COVID did not permanently eliminate those duties.

Employers may restore essential functions as operations normalize. But they should be prepared to demonstrate that on-site presence is genuinely essential today. Courts will examine current job requirements, not emergency-era practices.

Roles requiring supervision, teamwork, and in-person collaboration may support an essential on-site argument. Output-driven, independent roles may present a harder case.

Anxiety does not make telework automatic

The guidance addresses employees who report anxiety or similar disability-related symptoms when working in the office. The key inquiry is whether those symptoms create a material barrier to performing essential job functions or accessing a benefit or privilege of employment.

The ADA does not guarantee a stress-free workplace. If an employee can perform satisfactorily on-site, that is strong evidence that anxiety is not materially limiting workplace participation.

If there is a demonstrated barrier, employers must consider accommodation. But telework is required only if other effective in-office measures would not work and working remotely would not cause undue hardship. The guidance points to alternatives such as environmental adjustments, assistive devices, modified schedules, or other targeted changes.

Commute challenges usually are not your obligation

The EEOC explains that employers generally are not required to eliminate commuting barriers outside their control.

Flexible scheduling may sometimes be reasonable. Permanent telework solely to eliminate a long or difficult commute usually is not required under the ADA.

This matters for employers dealing with pandemic relocations.

You can reevaluate prior accommodations

Previously granted telework accommodations may be reevaluated when circumstances change. Employers may request updated medical documentation and reassess whether telework remains necessary or whether an effective alternative exists.

If telework was granted during COVID with minimal documentation, employers may revisit those decisions. Prior flexibility does not permanently raise the legal standard. Reevaluation must remain evidence-based and individualized.

Retaliation remains a risk

Employees who request or receive accommodations are protected from retaliation.

Managers who treat telework requesters as disloyal or uncommitted create avoidable exposure. Return-to-office enforcement and ADA compliance must be handled with the same discipline.

Bottom line

Return to office is a business decision. How you handle disability accommodation requests is a legal one. Employers that align the two reduce risk. Those that do not invite it.