EEOC strengthens remote work rights
The U.S. Equal Employment Opportunity Commission issued updated guidance addressing telework as a reasonable accommodation under the Americans with Disabilities Act. The guidance reinforces case-by-case evaluation requirements and potentially makes it easier for eligible employees to secure remote arrangements as return-to-office mandates increase. Courts are consistently siding with remote workers in employment law disputes.
- The recent guidance, issued jointly by the EEOC and the Office of Personnel Management on February 11, 2026, is technically aimed at federal agencies complying with the Rehabilitation Act in the wake of a presidential return-to-office directive. However, the principles laid out in the FAQs are considered a roadmap for how the EEOC will interpret the Americans with Disabilities Act for private employers. - The EEOC's position is not new, as it first issued guidance in 1999 stating that remote work could be a reasonable accommodation. The latest update reaffirms that employers must consider telework on a case-by-case basis, even if a company has a general policy against it. - The guidance clarifies that an employer does not have to eliminate an "essential function" of a job to grant a remote work request. Determining whether in-person attendance is an essential function requires an individual assessment and is not something an employer can declare for all jobs. - If multiple options would be effective, an employer is not obligated to provide the employee's preferred accommodation. Instead of telework, an employer may offer alternative in-office accommodations such as modified schedules, assistive technology, or environmental changes to the workspace. - An employee's successful performance while working remotely during the COVID-19 pandemic can serve as a trial period, demonstrating their ability to handle essential job functions from home. However, the EEOC has also clarified that temporarily allowing remote work during the pandemic does not mean an employer permanently changed a job's essential functions. - The commission has pursued litigation against companies for failing to properly consider remote work requests, such as in *EEOC v. Osmose Utilities Services, Inc.* and *EEOC v. ISS Facility Services, Inc.*, which resulted in a $47,500 settlement. - A request for telework can be denied if it is primarily for the employee's personal benefit, rather than to enable them to perform their job's essential functions. The guidance notes that mitigating symptoms alone, without a direct link to performing job duties, is not enough to require an accommodation. - Employers are permitted to re-evaluate existing telework accommodations, especially if there are changes to an employee's condition, job duties, or the company's operational needs. An employer can rescind an accommodation if it is no longer required for the employee to perform their essential duties.
