Employer Responsibilities Under the ADA: A Basic Training for Businesses

Return-to-Office Clash with ADA

In January 2025, President Trump directed federal agencies to terminate remote work arrangements and require full-time in-person presence, citing needs for supervision, collaboration, and accountability. This policy shift, while aimed at government workers, has rippled into the private sector, where many employers adopted similar return-to-office mandates after years of pandemic-era flexibility.

The Equal Employment Opportunity Commission (EEOC) responded on February 11, 2026, with detailed FAQs on telework as a disability accommodation under the Rehabilitation Act (which mirrors ADA standards for private employers). The guidance emphasizes that telework may qualify as a reasonable accommodation if it allows a qualified individual with a disability to perform essential job functions, participate in employment, or access equal benefits—unless it imposes undue hardship.

Recent surveys show accommodation requests rising, with remote work topping the list amid these policies. Employers have seen increases in demands for telework related to conditions like anxiety, mobility issues, or immunocompromised status. Denials or revocations without individualized evaluation expose companies to claims of discrimination, with potential consequences including compensatory damages, reinstatement, and attorneys' fees.

A key tension lies in the balance: the ADA permits employers to choose effective alternatives over an employee's preferred option, such as in-office modifications instead of full remote work. Yet guidance stresses no blanket policies eliminating telework categories, and employers can reassess existing accommodations only with evidence of changed circumstances—like operational needs or medical updates. This creates trade-offs between business efficiency and inclusion, especially as indefinite remote setups face scrutiny when they conflict with core job requirements.

Non-obvious angles include the interactive process requirement—employers must engage in dialogue—and the ability to request medical documentation without overstepping privacy bounds. Failure here often underlies successful claims, even when the accommodation itself might not ultimately be required.