There has been a noticeable increase nationally in disputes involving reasonable accommodations, telework, return-to-office expectations, disability discrimination, and retaliation claims -especially in federal workplaces and large employers.
There has been a noticeable increase nationally in disputes involving reasonable accommodations, telework, return-to-office expectations, disability discrimination, and retaliation claims over the past couple of years — especially in federal workplaces and large employers. A few things are contributing to that pattern:
-During and after COVID, many employees successfully worked remotely for long periods, which changed expectations about what jobs can be performed remotely.
-Agencies and employers have increasingly pushed return-to-office requirements or narrowed telework flexibility.
-Employees with disabilities who previously functioned well with telework accommodations are now more often having to re-justify those arrangements.
-Managers and HR departments are under pressure to balance operational concerns, staffing shortages, productivity metrics, and consistency across employees.
As conflicts increase, employees are more likely to file EEO complaints alleging:
* failure to accommodate,
* inconsistent accommodation implementation,
* lack of individualized assessment,
* retaliation after requesting accommodations or filing complaints,
* and hostile treatment after engaging in protected activity.
In the federal sector specifically, telework and accommodation disputes have become a major area of litigation and EEO activity. One recurring issue is whether agencies are engaging in an individualized interactive process versus relying on generalized assumptions or blanket policies.
Another common issue is when accommodations are technically approved but operational guidance, safeguards, or implementation details remain unclear — which can later lead to performance or conduct disputes.
If you have a disability and were denied telework as an reasonable accommodation (RA) file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost.