Return-to-Office Orders Are (Mostly) Legal β But Disability Accommodations Are a Different Story
A recent Federal News Network survey found that most federal employees say returning to the office has made them less productive — but for most workers, a return-to-office (RTO) order is still legal, even if it is unpopular.
What the Survey Found
OPM Director Scott Kupor has said that working from home is too distracting for real work. A Federal News Network survey of federal employees found the opposite: 76% of respondents said the office is what is hurting their productivity, and over half described the return-to-office experience in negative terms. It is worth noting the caveat that goes with any survey like this one: it was self-selected and non-scientific, so it should be read as a temperature check rather than a scientific headcount. Still, 7,463 responses is a lot of temperature.
Is It Legal to End Telework?
For most federal employees, yes. Agencies generally have the authority to end telework arrangements and call employees back to the office, and a day-one executive order directed them to do exactly that — telework hours across the federal workforce fell by more than 75% over the following ten months. Disliking a return-to-office order, or finding it disruptive, does not by itself make the order illegal.
The Exception: Disability Accommodations
There is one circumstance where the analysis changes: disability. If you qualify, telework can be a reasonable accommodation under the Rehabilitation Act, and a blanket "everyone's back, no exceptions" policy is not a legal answer to an individual accommodation request. An agency has to actually engage with the request, not slow-roll an employee until their sick leave runs out. NTEU has said thousands of employees were denied timely accommodations, and two DOJ attorneys filed suit in June under the Rehabilitation Act over exactly this kind of denial.
What Federal Employees Should Do
If you are simply unhappy with the commute or the loss of flexibility, that is a real frustration, but it is not, on its own, a legal claim. If a disability accommodation request has been denied or ignored, that is a different situation entirely, and it is worth raising with your union or a representative promptly.
If you believe a reasonable accommodation request was wrongly denied or ignored, consider requesting a free consultation via Southworth PC's website or call us at 866-333-0120.
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.