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If your medical condition necessitates telework as a reasonable accommodation, yet your telework agreement was rescinded and/or your reasonable accommodation was revoked due to the return-to-office mandate, you may have the right to challenge the decision and/or obtain monetary payment for the harm that you suffered. Alan Lescht & Associates, P.C. offers expert legal advice to employees who have been
impacted or are navigating changing circumstances. We understand the overlap between the reasonable accommodation process and the EEO complaint process, and we are committed to offering efficient and cost- effective solutions tailored to your unique situation.
Call Alan Lescht and Associates, P.C. for guidance on defending telework accommodations. Our experienced attorneys can advise you on requesting reasonable accommodations, appealing denials, and pursuing an EEO complaint.
In general, a reasonable accommodation is any change, such as a modification or adjustment, in the work environment or to the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. See 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997); see also EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities
Act (revised Oct. 17, 2002).
Yes, return-to-office mandates do not ban or restrict telework as a reasonable accommodation. In fact, OPM’s January 22, 2025 Guidance specifies that, “eligible employees must work full time at their respective duty stations unless excused due to a disability, qualifying medical condition, or other compelling reason certified by the agency head and the employee’s supervisor.” See OPM Memorandum, Guidance on Presidential Memorandum Return to In-Person Work, pp. 2-3 (Jan. 22, 2025).
While use of leave, accrued or unpaid, is a form of reasonable accommodation, the EEOC has long held that forcing an employee to take leave when another accommodation would permit the employee to continue working is not an effective accommodation because the goal of the Rehabilitation Act is to accommodate an employee while working, if possible. See EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act (revised Oct. 17, 2002); Elsa S. v. Nat’l Aeron. Space Admin., EEOC Appeal No. 0720180021 (Feb. 14, 2020); Lloyd E. v. Dep’t. of Transp., EEOC Appeal No. 0120150325 (Aug. 17, 2017); Denese G. v. Dep’t of Treas., EEOC Appeal No. 0120141118 (Dec. 29, 2016).
Many employees were able to use prior Agency policies that allowed regular telework to manage their medical conditions without officially requesting a reasonable accommodation; but, now that regular telework schedules are being revoked, those employees are suffering harm, are unable to travel to their offices, and/or are unable to perform their duties on site as required. Our attorneys can help you understand your right to request a reasonable accommodation, what information you and your medical provider do (and do not) have to provide, and what your employer has to consider and provide as an accommodation. Schedule a call with our Firm for information or to assist you with the application process.
Learn about your options with a consultation today.
Yes, there is recourse even if an accommodation was revoked or denied. Contact our Firm so that we can learn the specific facts of your situation and provide you an assessment individualized to both your needs and your agency’s process and procedure.
There are a number of remedies employees may pursue to resolve an EEO complaint, though they are generally aimed at remedying the specific harm the employee suffered. Examples of relief that our clients seek include but are not limited to: approval of the requested accommodation; restoration of leave used as a result of the discriminatory action; wages lost as a result of the discriminatory action; removal/rescission of false or derogatory records; compensation for emotional distress, exacerbation of medical condition, and/or harm to professional reputation; reimbursement of attorneys’ fees.
For more than 25 years, Alan Lescht & Associates, PC, has helped employees protect their jobs. Our attorneys are effective litigators who represent clients in DC, Maryland, and northern Virginia, as well as federal government employees around the world. At Alan Lescht and Associates, we work with you to deploy a results-driven, cost effective legal solution that is tailored to your needs.
Learn more about your legal options.
