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Judge Orders DOJ to Restore Telework for Two Disabled EOIR Attorneys

eeoc federal employees reasonable accommodation rehabilitation act telework Jul 15, 2026

A federal judge has ordered the Department of Justice to restore full-time telework accommodations for two attorney-advisors in DOJ's Executive Office for Immigration Review, finding that the agency's return-to-office mandate did not override its obligation to individually assess disability accommodation requests.

The Facts Behind the Case

Kimberly Panian, who has Type 1 diabetes and severe migraines, and Hoi Yee "Cherry" Baxter, who is severely immunocompromised due to Stage IV lung cancer and its treatment, had teleworked for years as an accommodation for their conditions. When EOIR issued return-to-office orders in 2025, it rescinded those arrangements. Both attorneys say they exhausted hundreds of hours of their own sick and annual leave rather than risk their health by returning to the office. They sued under the Rehabilitation Act in June, and on July 10 a judge in the U.S. District Court for the Eastern District of Virginia granted a preliminary injunction ordering DOJ to restore their telework while the case proceeds.

A Preliminary Injunction, Not a Final Ruling

The order covers these two plaintiffs for now, while their case continues. Their attorneys are separately asking the court to certify a class covering other EOIR employees who were denied telework accommodations after the 2025 orders — a request that, if granted, could extend relief well beyond these two plaintiffs without each one filing an individual case.

How This Case Fits a Broader Pattern

This ruling follows closely on the heels of an arbitrator's decision ordering the U.S. Forest Service to restore telework for nearly 20,000 employees. The two cases run through different legal doors — a union contract in the Forest Service case, the Rehabilitation Act here — but they reach the same conclusion: a blanket return-to-office order does not automatically override individual rights, whether those rights come from a collective bargaining agreement or a disability accommodation.

What This Means for Federal Employees

Courts are now ordering agencies to restore telework as a disability accommodation while litigation continues — a return-to-office directive does not excuse an agency from individually assessing each accommodation request.
If your telework accommodation was rescinded or denied after a return-to-office order, document the denial in writing, keep your medical documentation, and track any leave you used as a result.
Watch the class-certification decision in this case. If the class is certified, other EOIR employees denied telework accommodations since early 2025 could be covered without filing their own lawsuits.

Legal Insight

Section 501 of the Rehabilitation Act, codified at 29 U.S.C. § 791, requires federal agencies to provide reasonable accommodations to qualified employees with disabilities absent undue hardship, and the EEOC's federal-sector regulations at 29 C.F.R. § 1614.203 require an individualized, interactive process rather than a blanket policy. Separately, an employee who believes their accommodation was wrongly denied or rescinded must generally contact an EEO counselor within 45 days of the denial (29 C.F.R. § 1614.105(a)(1)) — a short deadline that runs regardless of how any related lawsuit proceeds.

If your telework accommodation has been rescinded and you are facing AWOL charges or pressure to return despite a documented medical need, the federal employment attorneys at Southworth PC can help you understand the 45-day deadline and your options.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.

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