By Kyra Buch, David Gartenberg and Lauren Robertson of Littler Mendelson
At a Glance
The EEOC’s new telework guidance for the federal sector offers insight for private sector employers dealing with return-to-office protocols and ADA compliance.
The FAQs emphasize that telework is required only when it effectively enables performance of essential job functions, not when requested for convenience or preference.
The guidance notes that in-person presence may still be essential, and employers may require it when supported by operational needs.
On February 11, 2026, the Equal Employment Opportunity Commission (EEOC) and Office of Personnel Management (OPM) issued new guidance addressing telework accommodations in the federal sector. Although formally directed at federal agencies under the Rehabilitation Act, the FAQs apply ADA standards and rely on established federal case law. For private employers navigating return-to-office policies, the guidance applies pre- and post-COVID case law to provide in one place comprehensive guidance on how to navigate return-to-office protocols while complying with obligations under the ADA. They clarify how existing telework accommodations apply in the return-to-office context, particularly where employers are reassessing pandemic-era flexibility and responding to renewed requests for remote work.
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