The Equal Employment Opportunity Commission (EEOC) recently released updated guidance on telework as a disability accommodation. While it’s technically directed at federal agencies, it reflects how the EEOC interprets the law more broadly, including how private employers are expected to handle remote work requests.
For employees in Maryland and DC, this matters more than it might seem at first glance. If you’ve been denied remote work, or forced back into the office despite a medical condition - this guidance gives a clearer picture of when that decision may cross the line.
Under the Americans with Disabilities Act (ADA), employers have to provide reasonable accommodations when they allow an employee with a disability to perform the essential functions of their job. Telework is one of those accommodations, and the EEOC’s guidance reinforces that it should be treated as a legitimate option - not something employers can dismiss out of hand.
That doesn’t mean every request has to be approved. The focus is on whether working remotely actually allows you to do your job. If it does, your employer is supposed to weigh that seriously instead of defaulting to an in-office requirement.
One of the clearest points in the EEOC’s guidance is that employers cannot rely on broad, one-size-fits-all rules when handling accommodation requests. Many employees are still hearing things like “we don’t allow remote work anymore” or “everyone has to be back in the office,” especially as return-to-office policies have become more common.
The issue is that disability law doesn’t work that way. Employers are required to look at each request individually. If a company applies a blanket rule without considering your specific situation, that can violate the law, even if the policy applies to everyone else.
A lot of employees were able to work remotely during the pandemic and continue to do so successfully. When those arrangements are suddenly reversed, employers often argue that the earlier remote work was temporary and doesn’t change anything going forward.
The EEOC’s guidance takes a more practical view. If you were able to perform your job duties from home, that history can be strong evidence that telework is a workable accommodation. It doesn’t automatically entitle you to keep working remotely, but it does make it harder for an employer to argue that being physically present is essential in every case.
Employers are not obligated to give you your preferred accommodation if another effective option exists. That said, the analysis changes when telework is the only accommodation that actually allows you to do your job.
This often comes up in situations where:
When alternatives don’t solve the problem, simply offering something different - like a modified schedule or workspace adjustment, may not be enough to meet legal requirements. In those cases, remote work may move from being one option among many to something the employer is required to provide.
Employers are required to engage in what’s known as the interactive process, which is essentially a back-and-forth to figure out what accommodation works. In a telework context, that process should involve a real discussion about your limitations and whether remote work would allow you to perform your job effectively.
A proper interactive process usually includes reviewing medical information, discussing how your condition affects your work, and considering different options before making a decision. When employers skip that process - or shut it down early - it can raise legal concerns, especially if the request is dismissed without meaningful evaluation.
Many companies across Maryland and DC have adopted return-to-office policies, and those policies by themselves are not unlawful. The problem arises when those policies are treated as absolute, without any room for accommodation.
Even with a company-wide push for in-person work, employers still have to comply with disability law. That means they cannot revoke an existing accommodation or deny a new request without reassessing the employee’s situation. A return-to-office policy does not eliminate the obligation to make reasonable accommodations where required.
Not every denial of remote work is illegal, but certain patterns come up frequently in cases that raise concerns. If your employer handles your request in a way that seems dismissive or predetermined, it may be worth taking a closer look.
Some common red flags include:
When these issues are present, the denial may not be consistent with how the law is supposed to work.
If you’re asking for remote work as an accommodation, how you present the request can matter. Clear communication and documentation often make a difference, especially if there’s a dispute later on.
It’s usually helpful to:
Taking these steps won’t guarantee approval, but they can put you in a stronger position if your employer does not handle the request properly.
At Lebau & Neuworth, we represent employees across Maryland and DC in disability accommodation and workplace rights cases. Issues involving remote work have become more common as companies shift policies, and many employees are left trying to figure out whether a denial was actually lawful.
If you’ve been denied the ability to work remotely, or required to return to the office despite a medical condition, it may be worth getting a clearer understanding of your rights and options.
