The U.S. Equal Employment Opportunity Commission’s recent FAQ on telework as a disability accommodation (found here) was written for federal agencies. For private sector employers navigating return-to-office policies, this document is less a niche federal memo and more a roadmap for compliance. Although the guidance formally interprets the Rehabilitation Act (which applies to federal employees), that law mirrors ADA standards making the EEOC’s reasoning reflective of how it views private employers should address the situation.

At its core, the guidance reiterates that a “reasonable accommodation” is a workplace change that enables an employee with a disability to perform essential job functions, participate in employment processes, and access equal workplace benefits.  

For private employers, this reinforces a familiar but often misunderstood point: telework is not inherently a right—it is one possible accommodation among many. One of the most consequential takeaways for private companies is the EEOC’s emphasis that telework must serve a functional purpose, not simply improve comfort or convenience. For private employers, this means telework decisions should be framed around job necessity, not employee preference. However, when remote work is the only effective way for an employee to perform essential duties, it may become legally required.

Perhaps the most important principle — one that applies equally in the private sector — is the requirement for case-by-case evaluation. The EEOC explicitly warns against blanket denials of telework  and automatic revocation of existing accommodations. Employers must assess each situation individually, considering the employee’s specific limitations, the essential functions of the job, and whether alternative accommodations would be effective. Importantly, creating good job descriptions which genuinely identify the position’s essential requirements to include in-person communication, supervision, etc. will assist in the telework accommodation discussion.

The guidance strongly affirms employer discretion and when an accommodation is required, employers can choose any effective option, not necessarily the employee’s preferred one. This includes modified schedules or start times and other workplace adjustments (lighting, noise, equipment). As long as the accommodation is effective, employers are not obligated to provide remote work specifically.

Many private employers worry that widespread remote work during COVID-19 created a precedent. The EEOC guidance directly addresses this concern. The new guidance clarifies that temporary telework arrangements do not redefine essential job functions and prior remote work success does not automatically entitle employees to continued telework. However ,if an employee can demonstrate that telework is still necessary and effective, employers must consider it seriously.

A subtle but important theme in the guidance is that telework is often considered only after other options fail. This guidance positions telework not as the default and a “given”, but as part of a broader accommodation process.

For questions on how to navigate telework in your business, reach out to an RKW attorney.