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Today at a Glance

• Disability Accommodation Lawsuit: Two Justice Department employees have sued the agency, alleging DOJ has a systematic practice of refusing telework as a reasonable accommodation and retaliating against those who ask — a case that tests how the return-to-office mandate interacts with the Rehabilitation Act.

• Retirement Surge: New OPM data shows a record pace of retirement claims in fiscal year 2026, and the numbers point to longer processing and the need for a larger cash cushion while your annuity is finalized.

• World Cup Telework: OPM has reminded agencies in the 11 U.S. World Cup host cities, including Atlanta, that they may approve telework and leave flexibilities during the tournament to manage commuting disruptions.

Top Stories:

1. Two DOJ Employees Sue Over Telework as a Disability Accommodation — Alleging an Agency-Wide Practice of Denials and Retaliation

Source: Government Executive, June 3, 2026

TL;DR: Two Justice Department employees, Joshua Mauldin and Tarik Smajic, filed a lawsuit in federal district court alleging that DOJ discriminated and retaliated against them "as part of a systematic, agency-wide practice of refusing to grant requests for telework as a reasonable accommodation." Both worked for years as supervisory IT program managers in the Criminal Division's Office of Administration and teleworked without performance problems until the January 2025 governmentwide return-to-office directive. Mauldin, a disabled veteran with service-related PTSD and cardiac conditions, requested telework for most of his workdays in February 2025; after his supervisor missed a 30-day deadline to decide the request, he contacted an Equal Employment Opportunity counselor, and in November 2025 he was demoted from a GS-14 to a GS-13 with a pay cut. Smajic, who has chronic pain and progressive spinal limitations, says his telework requests were denied, that he was placed on an informal performance improvement plan, and that he was told the agency would pursue involuntary reassignment as an "accommodation of last resort." The complaint asks the court to reverse the personnel actions, approve the telework requests, award compensatory damages, and stop DOJ's alleged practice of refusing final decisions on accommodation requests. DOJ did not respond to the publication's request for comment. The suit follows a documented trend of agencies more strictly scrutinizing telework as an accommodation since the return-to-office push.

For federal employees, this means:

• Employees with qualifying disabilities are exempt from the return-to-office mandate, and an agency generally cannot deny telework as an accommodation based on a blanket policy — it must assess each request individually and can refuse only if it shows undue hardship.

• Watch the clock on the agency's side: the regulations contemplate a prompt decision on accommodation requests, and if your agency stalls or denies the request, the formal EEO process has its own short deadline to begin.

• A demotion, lower rating, PIP, or "involuntary reassignment" that follows an accommodation request can itself be evidence of retaliation — keep dated records of your request, the agency's response, and any change in your treatment.

Legal Insight:

Section 501 of the Rehabilitation Act, 29 U.S.C. § 791, requires federal agencies to provide reasonable accommodation to qualified employees with disabilities unless doing so would impose an undue hardship, and the implementing rule at 29 C.F.R. § 1614.203 incorporates the standards of the Americans with Disabilities Act. An employee who believes accommodation was wrongly denied — or that an adverse action followed the request — must initiate contact with an EEO counselor within 45 days of the action under 29 C.F.R. § 1614.105(a)(1), a deadline that is easy to miss while an accommodation request is still pending. Because the accommodation timeline and the EEO clock can run at the same time, an employee facing a denial or a related demotion should speak with a federal employment attorney promptly rather than waiting for a final agency decision.

2. A Record Pace of Federal Retirements — What the New OPM Data Says About Delays and Planning

Source: Government Executive, June 4, 2026

TL;DR: New Office of Personnel Management data shows that through the first eight months of fiscal year 2026, OPM processed 119,451 retirement claims — a record pace for the past 25 years, with four months still left in the fiscal year. Monthly claim volume has run far above historical norms; in February 2026 alone OPM received 31,240 claims, compared with 3,202 in February 2016. Once OPM has a complete case, average processing time in FY 2026 has been about 46 days for digital Online Retirement Application claims and 73 days for all claims, but in May the averages were higher — 66 days for digital claims and 87 days for paper. About one in four claims still arrive on paper, which tends to move more slowly, and complex cases (court orders, special annuity computations, workers' compensation, or service across multiple agencies) can take longer than the averages suggest. Retirees are typically placed in "interim pay" status within roughly two to four weeks of OPM receiving the case, but those estimated payments are often much lower than the final annuity. The practical takeaway from the data is to plan for a gap between your last paycheck and your finalized benefit.

For federal employees, this means:

• Build a cash cushion before you retire — roughly six months of living expenses is a reasonable target — because interim payments are estimates and can run well below your final annuity.

• Use the Online Retirement Application if your agency offers it and submit a complete package; missing forms, an unreported address change, or a court order can push your case past the average processing time.

• If you separated weeks ago but have not received your lump-sum annual leave payout or your Civil Service Annuity (CSA) number, your application may not have reached OPM yet — follow up with your agency's HR and payroll office.

Legal Insight:
Federal retirement benefits are governed by the Civil Service Retirement System at 5 U.S.C. Chapter 83 and the Federal Employees Retirement System at 5 U.S.C. Chapter 84, and a separating employee's accrued annual leave is paid as a lump sum under 5 U.S.C. § 5551. If OPM denies a claim or miscalculates the annuity, the employee can seek reconsideration and then appeal to the Merit Systems Protection Board — for FERS under 5 U.S.C. § 8461(e) and for CSRS under 5 U.S.C. § 8347(d). Because those appeal rights carry their own deadlines, a retiree who receives an adverse or questionable OPM determination should review it carefully and, if the calculation looks wrong, consult a federal employment attorney before the appeal window closes.

3. OPM Tells World Cup Host-City Agencies They Can Approve Telework and Leave During the Tournament

Source: Federal News Network, June 4, 2026

TL;DR: In a June 2, 2026 memo, OPM reminded federal agencies operating in the 11 U.S. cities hosting the 2026 FIFA World Cup that they have the authority to approve workforce flexibilities for employees facing commuting disruptions during the tournament. The World Cup will bring 78 matches to U.S. host cities — Atlanta, Boston, Dallas, Houston, Kansas City, Los Angeles, Miami, the New York/New Jersey area, Philadelphia, the San Francisco Bay Area, and Seattle — between June 12 and July 19, 2026, with significant traffic congestion expected. OPM says agencies may approve limited telework as needed, and may also allow employees to use an alternative work schedule day off, annual leave, or other time off to avoid the worst of the disruption. The guidance does not create a new entitlement; it reminds agencies of flexibilities that already exist and leaves approval to each agency's discretion. OPM adds that any approvals must remain consistent with the administration's return-to-office order and OPM's telework and remote-work guidance.

For federal employees, this means:

• If you commute into one of the 11 host cities, ask your supervisor early about telework or leave for match days near your office — approval is discretionary and agencies will likely handle requests on a first-come basis.

• These flexibilities are temporary and event-driven; they do not change your regular telework eligibility or any return-to-office requirement once the tournament ends.

• If you have an existing telework arrangement as a disability accommodation, that arrangement is governed by separate accommodation rules and should not be confused with this short-term commuting flexibility.

Legal Insight:
Telework authority for federal employees runs through the Telework Enhancement Act of 2010, 5 U.S.C. §§ 6501–6506, which leaves participation decisions to each agency; alternative work schedules are authorized under 5 U.S.C. §§ 6120–6133, and annual leave is governed by 5 U.S.C. § 6302 and related provisions. Because OPM's memo confirms existing discretion rather than granting a new right, an employee's access to these flexibilities depends on the agency's own policy and approval.

Legal Tip of the Day

Protecting Your Medical Privacy at Work

Medical information may come up during accommodation requests, leave issues, fitness-for-duty questions, or return-to-work discussions. The goal is to provide enough information to address the work-related issue without unnecessarily sharing private medical history. Ask who needs the documentation, where it should be sent, and who will have access. Keep copies of medical notes, forms, and agency requests. When possible, ask providers to describe work restrictions and functional limits rather than broad personal details. Do not discuss sensitive medical information casually with coworkers or send records to large email groups.

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