Telework, commuting, and the ADA: What employers need to revisit in 2026

In February 2026, the Equal Employment Opportunity Commission (EEOC) issued new guidance on telework accommodations. While directed at federal agencies, it reflects long-standing ADA principles that apply equally to private employers.

The headline: Telework is not a default accommodation. It is required only when it enables an employee to perform essential job functions or access equal employment opportunities, not simply because it is preferred or improves quality of life.

At the same time, the EEOC made clear that employers can revisit pandemic-era flexibility. Telework arrangements granted under different circumstances do not automatically become permanent.

The evolution of ‘commute-related’ accommodations

Historically, employers were not responsible for how employees got to work.

But courts are drawing a more nuanced line when the barrier to commuting intersects with employer-controlled factors like scheduling.

In 2023, in EEOC v. Charter Communications, the 7th U.S. Circuit Court of Appeals held that an employer may need to adjust work schedules when a disability limits an employee’s ability to commute. Here, it was a vision impairment that made night driving unsafe. The key factor was that the employer controlled the schedule.
In 2026, the EEOC reinforced this approach, issuing guidance saying that while employers generally are not required to solve employees’ commuting challenges, they may need to consider adjustments, such as modified schedules, that enable an employee to access the workplace.

What employers should take from this

For corporate HR and leadership teams, the direction on travel is clear: The issue is less about where work happens and more about whether employees can access work in the first place.

A few practical guidelines:

1. Effectiveness (not preference) still governs.
   Telework must enable job performance. Requests tied only to comfort, convenience, or general well-being do not meet the legal standard.
2. The interactive process is ongoing.
   Accommodation decisions are not one-and-done. Employers can reassess based on changes in job duties, business needs, or medical information.
3. Commuting is usually not the company’s responsibility, until it overlaps with its decisions.
   Employers generally don’t have to solve transportation challenges. But if workplace policies (like shift timing) create or worsen barriers, flexibility may be required.
4. In-person work can still be essential.
   The EEOC reaffirmed that pandemic-era remote work does not redefine essential job functions. Roles requiring collaboration, supervision, or on-site presence may still justify in-office expectations.
5. Alternatives matter.
   If multiple accommodations would be effective, employers can choose the option that works best operationally, even if it’s not the employee’s first choice.

What this means in practice

The ADA hasn’t fundamentally changed, but expectations around how it applies in a post-pandemic workplace have sharpened.

The takeaway for employers is a subtle but important shift: Commuting itself may still fall outside of the employer’s responsibility, but workplace decisions that affect an employee’s ability to commute do not.