Federal agencies are misapplying Return-to-Office (RTO) mandates in ways that unlawfully deny telework accommodations—even when telework is the only effective accommodation—required under the Rehabilitation Act of 1973 and the Pregnant Workers Fairness Act (PWFA). This failure forces employees with disabilities, service-connected veterans, and pregnant workers to choose between their health and their career.

Telework is not just a "perk" for many employees with serious physical or mental health conditions or those who need to work from home temporarily due to pregnancy, childbirth, or related conditions. Telework removes barriers entirely, eliminating the physical strain, medical risks, and psychological triggers that can derail an employee’s ability to work. For someone with chronic pain, a spinal injury, or PTSD, working in an office doesn't pose minor inconveniences—it creates obstacles that can lead to flare-ups, hospital visits, or days of recovery. For others, commuting can trigger autoimmune flare-ups or migraines, and office environments with fluorescent lighting, noise, or chemical fragrances can cause severe reactions. By enabling employees to work from home, agencies aren’t lowering standards—they are giving qualified professionals the chance to meet their position standards safely and consistently, as required by law.

Recent reports confirm a troubling trend across federal agencies:

• RTO mandates are “undermining federal workforce readiness” and misinterpreted in ways that violate the Rehabilitation Act and ADA. (Federal News Network)
• Government Executive revealed an internal Veterans Affairs memo outlining plans to scrutinize disability-related work-from-home accommodations, raising alarms among advocates. (Government Executive)
• FedSmith confirms that federal employees are struggling to maintain telework accommodations under the Trump administration’s RTO mandate, despite clear protections under the Rehabilitation Act and PWFA. (FedSmith)
• CDC and HHS have signaled stricter rules and even repeals of telework accommodations, prompting union outcry and warnings of discrimination cases. (Federal News Network, Government Executive)

These actions are not only unlawful—they erode trust, harm careers, and expose taxpayers to costly litigation. We call on Congress to:

• Hold oversight hearings on how agencies are complying (or not) with disability and pregnancy protections amid RTO mandates.
• Demand full transparency through public reports on accommodation denial rates, processing delays, and the human impact.
• Reaffirm once and for all that telework is a valid, essential accommodation under federal law—not a luxury to be taken away

On top of that, we call on Congress to step in and fix this by making real changes to the laws, so no one has to suffer while waiting years for justice. Specifically:

• Provide fast emergency protections: Update the Americans with Disabilities Act (ADA), Rehabilitation Act, and Pregnant Workers Fairness Act (PWFA) so courts and federal judges can quickly order temporary accommodations—like telework—when an employee shows they're likely eligible and delaying help could cause serious, irreversible harm to their health or job. This stops the damage before endless lawsuits drag on for years.
• Ensure accommodations are effective: Once an employee (or their doctor) points out that a suggested accommodation isn't actually helping with their daily work challenges, shift the responsibility to the employer. They should have to show that their option is truly effective, or that the employee's better idea would create an unreasonable burden on the business. This builds on the ADA's core rules for reasonable accommodations and puts the focus where it belongs—on real results, not just going through the motions.
• Hit violators harder with real consequences: Add stiff fines and rules requiring employers to cover legal fees when they willfully ignore accommodation requests in ways that clearly risk someone's health or livelihood. Also, create a simple way to award back pay and future lost wages if an employee's performance or promotions suffered because of a denied or ineffective accommodation—drawing from proven remedies already in place for discrimination cases.
• Set clear deadlines and track progress openly: Require agencies to process accommodation requests on strict timelines—like 10 business days for temporary fixes and 30-60 days for final decisions—and build public dashboards to show how they're doing. Make the EEOC and agencies report regularly on delays, denials, and outcomes.

These aren’t just fixes—they’re lifelines. They protect workers’ health and careers, spare taxpayers millions in avoidable lawsuits, and make agencies finally act like the model employer the law demands.

We want to hear from you! If you are a current or former federal employee impacted by misapplication of RTO policies, your experience matters. Please fill out the form to submit your story to demonstrate the human impact of federal agencies' failures. Anonymous submissions are ok, too! Find the form here: https://forms.gle/A9DeG1nxgwQtvrG77