EEOC and OPM Issue FAQs on Federal Sector Telework to Accommodate Disabilities

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC), together with the Office of Personnel Management (OPM), today provided federal agencies with a joint technical assistance document addressing telework as a reasonable accommodation for federal employees with disabilities.

This joint technical assistance document is structured as an accessible FAQ and helps agencies comply with recent instructions from the President to return the executive branch to in-person work, consistent with applicable law. It also helps agencies continue meeting their responsibilities to provide equal employment opportunity and reasonable accommodations to employees with disabilities under the standards of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, as amended.

Among other topics, this joint-technical assistance helps federal agencies determine when employees’ requests for telework accommodations may be granted, modified, or denied. And it gives agencies information about effectively structuring their processes for telework accommodations moving forward.

“President Trump has given a clear directive to the federal workforce to return to in-person work to the maximum extent possible consistent with applicable law. These FAQs use the EEOC's existing guidance to address common questions on how federal agencies can comply with that presidential directive while also complying with their obligations to provide reasonable accommodations under the Rehabilitation Act and the Americans with Disabilities Act,” said EEOC Chair Andrea Lucas. “In these FAQs, the EEOC and OPM remind federal agencies of the importance of engaging in the interactive accommodations process while they continue to serve the American people efficiently and effectively.”

“Returning to in-person work and upholding disability rights are not mutually exclusive,” said OPM Director Scott Kupor. “This joint technical assistance gives agencies the clarity they need to implement the President’s directive while fully complying with federal civil rights law and ensuring fair, consistent accommodation decisions.”

Frequently asked questions about telework accommodations for disabilities for the federal workforce are here: https://www.eeoc.gov/FAQ-federal-sector-telework-accommodations-disabilities.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division. The EEOC is also responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov.