
"Like the Americans with Disabilities Act, the Rehabilitation Act which applies to applicants and employees of the federal government's executive branch states that it's unlawful to discriminate against a qualified individual with a disability, and that the individual must be able to perform the essential functions of the job, with or without reasonable accommodations. But like the ADA, the Rehabilitation Act doesn't define reasonable accommodation, or what telework is, the EEOC pointed out in its FAQ document."
"More than a year later, the U.S. Equal Employment Opportunity Commission and Office of Personnel Management jointly issued document to help agencies comply. Agencies should not take a blanket approach to rescind and deny all recurring or full-time telework accommodations, EEOC said in the Feb. 11 technical assistance document, formatted as responses to common questions about federal telework accommodations. The agency referred to text in the presidential memo itself, which says telework decisions must be consistent with applicable law."
EEOC and OPM issued joint technical assistance addressing telework as a disability accommodation for federal employees. Agencies should not implement blanket rescissions or denials of recurring or full‑time telework accommodations and must evaluate requests individually. The presidential Return to In‑Person Work memorandum requires telework decisions to be consistent with applicable law. The Rehabilitation Act, like the ADA, bars discrimination and requires that qualified individuals be able to perform essential job functions with or without reasonable accommodations. The Rehabilitation Act does not define reasonable accommodation or telework. EEOC identifies full‑time, recurring, and situational telework as potential reasonable accommodations and lists common accommodation examples.
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