Telework as a reasonable accommodation: Recent EEOC guidance for employers

Disability accommodation claims have long been among the most common workplace discrimination claims, but the recent increase has been unusually sharp. One major driver is telework as a requested reasonable accommodation. For employers managing return-to-office expectations, the practical question is whether there are lawful ways to evaluate, limit, modify, or deny telework requests when appropriate. Recent Equal Employment Opportunity Commission (EEOC) guidance says yes—provided employers focus on the individualized Americans with Disabilities Act (ADA) analysis and the interactive process.

The trend is significant. According to Lex Machina’s 2026 Employment Litigation Report, employees filed 6,796 failure-to-accommodate cases in 2025, a roughly 42% increase from 2024 and the first year in which federal discrimination filings exceeded 20,000. Telework isn’t the only reason for that increase, but it is an important part of the current accommodation landscape.

EEOC guidance on telework as an accommodation

COVID-19 normalized remote work for many jobs. As more employers push for in-person work, however, conflicts are increasing between employees who seek telework for disability-related reasons and employers that want consistent office attendance. That tension creates risk, especially for employers that rely on blanket return-to-office rules without preserving room for individualized accommodation decisions.