Telework as a Reasonable Accommodation: What You Need to Know

Overnight reports suggest that the CDC told employees with disabilities that telework would no longer be considered a reasonable accommodation. If accurate, that directive is more than troubling—it’s unlawful. The Rehabilitation Act, which applies to federal agencies, requires individualized assessments and prohibits across-the-board denials.

The Legal Standard Under the Rehabilitation Act

The law mirrors the Americans with Disabilities Act (ADA): agencies must provide reasonable accommodations unless they can prove a specific “undue hardship.” That determination can’t be made by fiat. It requires an interactive process that looks at the actual duties of the employee, their medical needs, and whether the essential functions of the job can be performed remotely.

Why Telework Qualifies as a Reasonable Accommodation

Telework is not a special perk—it is a recognized form of accommodation. If you can do your job remotely, whether full- or part-time, and there’s no significant disruption to the agency’s mission, the law leans toward approval. A blanket policy that treats physical presence as always essential sidesteps the legal test. Agencies must show with specifics—not preferences—that telework imposes a real difficulty or expense.

What Counts as “Undue Hardship”

“Undue hardship” doesn’t mean leadership simply prefers to see employees at their desks. It means a significant difficulty or cost tied directly to the duties or the agency’s mission. Agencies must be prepared to demonstrate, in writing, why telework prevents you from meeting essential functions. Even if some on-site work is needed, the law requires exploration of alternatives like part-time telework, modified schedules, or reassignment.

Practical Steps for Federal Employees

If your agency attempts to revoke or deny telework as an accommodation, here’s what you can do right away:

• Submit your request in writing, explicitly stating it is for a “reasonable accommodation under the Rehabilitation Act.”

• Document your telework success—performance reviews, awards, or productivity metrics are powerful evidence.

• Request specifics—ask management to detail which tasks require full-time on-site presence.

• Challenge revocations—if telework was previously approved, demand the documented change or hardship justifying its withdrawal.

• Protect your rights—remember you generally have 45 days to contact an EEO counselor, and retaliation for requesting an accommodation is itself unlawful.

A Mindful Perspective

Facing the sudden loss of a critical accommodation can feel overwhelming. Take a breath and remember: a memo cannot override your civil rights. Document, engage in the process, and keep your responses grounded in professionalism. Doing so not only strengthens your legal position but also preserves your own peace of mind in a challenging moment.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.