Recently, the Equal Employment Opportunity Commission (“EEOC”) released new guidance addressing telework accommodations for employees of federal agencies. According to the EEOC, the guidance entitled, “Frequently Asked Questions from the Federal Sector about Telework Accommodations for Disabilities” (“FAQ”), was issued to assist agencies in identifying when they are required to grant or continue telework accommodations, when they are permitted to rescind, modify, or deny telework accommodations, and how they can more effectively structure their processes for telework accommodations.
While the guidance is directed at federal employers, it could be used as a framework for employers in the private sector as well to evaluate telework accommodations. The full document can be found here: https://www.eeoc.gov/FAQ-federal-sector-telework-accommodations-disabilities
The EEOC noted that it has long recognized that “[t]here are three categories of reasonable accommodations….” These are (1) accommodations that enable applicants with disabilities to participate in the application process; (2) accommodations that enable employees with disabilities to perform the essential functions of their positions; and (3) accommodations that enable employees with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees without disabilities.
Whether telework constitutes a possible reasonable accommodation depends on whether it serves one of these purposes. Telework that does not serve one of these purposes, such as telework that is primarily for the employee’s personal benefit, is not a recognized reasonable accommodation under the Rehabilitation Act or the ADA.
In addition, the FAQ states that reevaluation and modification of a reasonable accommodation that has previously been provided are important steps in the on-going interactive process. Federal agencies are not required to continue all prior telework accommodations automatically and may reassess arrangements when circumstances in the workplace or the employee’s condition change.
The guidance reaffirms federal agencies are entitled to sufficient medical information to assess accommodation requests. The EEOC notes that in some circumstances existing medical documentation from the initial grant of the accommodation should be sufficient and all agencies may have to do is confirm with the employee that the previously supplied information is still accurate. However, if the existing documentation is insufficient or no longer accurate, agencies are permitted to request updated or additional medical documentation to support the request.
Evidence that contradicts an employee’s need for a telework accommodation may be considered by the agency when determining if continuing the arrangement is necessary. Further, the guidance provides that telework is not necessarily required to address in-office anxiety. The EEOC guidance further explains that a difficult or lengthy commute alone does not warrant a telework accommodation.
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