Federal Employees are Entitled to Reasonable Accommodations Despite the White House’s Push for In-Person Work

Federal Employees are Entitled to Reasonable Accommodations Despite the White House’s Push for In-Person Work

On January 20, 2025, the Trump administration issued a memorandum to all heads of departments in the executive branch to begin terminating all remote work arrangements and for exemptions be made as “they deem necessary.” The memorandum states that it should be implemented consistently with applicable law, which includes respecting the rights of federal employees. Federal law requires qualified individuals with disabilities to be reasonably accommodated in their employment with the government. Pressure from the Trump administration should not prevent such accommodations from being granted.

The Rehabilitation Act of 1973, as amended, under Section 501, protects qualified individuals with disabilities from discrimination by federal agencies. This prohibition provides that individuals with disabilities cannot be denied employment opportunities, including hiring, promotion, training, and fringe benefits, for which they are otherwise entitled or qualified to receive. Federal agencies are required to provide reasonable accommodations to qualified employees with disabilities to ensure that these individuals can complete all the essential functions of their roles, unless to do so would create an “undue hardship” in a particular instance.

The White House’s attempt to return the federal work force to in-person work cannot eliminate the rights of federal workers with disabilities to receive reasonable accommodations. If you are a person with a qualifying disability that prevents you from returning to full-time in-person work or there are physical barriers in your work place that do not accommodate your disability, then you have the right to request reasonable accommodations and the government must provide you with them, except under limited circumstances. Accommodations may consist of:

• Remote Work/Telework
• Hybrid Work Schedule
• Alternative Work Locations
• Modified Working Hours
• Modifications to Physical Workspace

These are only examples, not a comprehensive list.

To begin this process, federal employees should make written requests to their supervisors or human resources or EEO contacts explaining the need for accommodations and what accommodations you are requesting. Agencies may then require individuals to submit medical documentation that supports the request for accommodations and employees should work with their medical providers to obtain such information.

Once this information has been submitted agencies must engage in an interactive process. Agencies and employees are required to engage in good faith discussions with each other to explore what reasonable accommodations may be provided to the employees to ensure they can complete all the essential functions of their roles. Employees should strive to keep written records of the process as it continues.

Reasonable accommodations may take many forms, and may ultimately not be employees’ preferred accommodations, but they must be effective in addressing the barriers employees face in performing the essential functions of their jobs. A federal agency will typically issue a formal decision on an employee’s request for an accommodation, and it can grant, deny, or provide alternative accommodations. If the accommodation has been denied or you have been provided an alternative accommodation that does not effectively accommodate you to do the essential functions of your job, then you may file a complaint with your agency’s Equal Employment Opportunity (EEO) office within 45 days in order to preserve your rights.

The Trump administration is not above the law. It is still bound to follow existing federal law and reasonably accommodate federal employees with qualifying disabilities.

If you believe you have been denied a reasonable accommodation improperly or are being retaliated against for requesting accommodations, contact Bryan Schwartz Law, P.C..