EEOC, OPM offer guidance on navigating post-pandemic telework accommodations

At the end of January, the Trump administration issued a presidential memorandum requiring all departments and agencies in the executive branch to terminate remote work arrangements and require employees to return to work in person consistent with applicable law. In response, the Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM) issued a series of FAQs to guide federal agencies on navigating telework accommodations in light of the return-to-office mandate.

Three types of reasonable accommodations

The EEOC identifies three types of reasonable accommodations under the Rehabilitation Act and the Americans with Disabilities Act (ADA): 

(1) accommodations that enable applicants with disabilities to participate in the application process; (2) accommodations that enable employees with disabilities to perform the essential functions of their positions; and (3) accommodations that enable employees with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees without disabilities.

Telework may qualify as a reasonable accommodation when it serves one of these three purposes.