In February 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”), together with the Office of Personnel Management, issued updated guidance addressing when telework may qualify as a reasonable accommodation. The guidance is directed to federal agencies under the Rehabilitation Act, but reflects the same standards that apply to private employers under the Americans with Disabilities Act (“ADA”). This guidance comes at a time when many employers are reinforcing return-to-office expectations and seeking clarity on how telework requests must be handled.

The EEOC reiterates that telework can be a reasonable accommodation, but is not automatically required. The controlling question remains whether remote work is necessary to enable the employee to perform the essential functions of the position. An accommodation request must be connected to disability-related limitations that affect the employee’s ability to work on site. General preferences for working from home, or assertions that remote work is more comfortable or convenient, are insufficient without a demonstrated link to job performance.

The agency also confirms that the previous pandemic-era flexibility does not permanently convert a position into a remote role. If physical presence is an essential function, employers may still require in-office attendance. Employers should ensure that job descriptions and essential function analyses accurately reflect their current business realities.

The guidance also emphasizes the importance of the interactive process. Employers may request updated medical documentation when appropriate, reassess accommodations if circumstances change, and select among effective alternatives. Employees are entitled to an accommodation that works, not necessarily the one the employee prefers. In some cases, in-office modifications or hybrid arrangements may be adequate.

The EEOC’s update does not establish new law but reinforces existing ADA principles in the return-to-office context. For more information about telework accommodations or assistance navigating return-to-office policies, please contact our office.

Stokes Wagner will continue to monitor updates and will provide additional updates as they become available. If you have any questions, do not hesitate to contact a Stokes Wagner attorney.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.