Administrative guidance on remote work policies
🧾 What is Administrative Guidance on Remote Work?
Administrative guidance refers to non-binding policies, memos, rules, or interpretations issued by government agencies (e.g., Office of Personnel Management (OPM), Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), etc.) to guide implementation of federal employment law, workplace safety, and labor standards.
In the U.S., after the COVID-19 pandemic, remote work became a central topic for both public and private sector employers, raising legal and administrative questions around:
Equal Employment Opportunities (EEO)
Reasonable accommodations under the ADA
Federal workforce policies
Duty stations and pay implications
Discipline and performance evaluations
⚖️ Case Law on Remote Work Policies and Administrative Guidance
Below are key cases that illustrate how administrative guidance on remote work has been challenged, interpreted, or enforced through the courts.
1. Solomon v. Vilsack (D.D.C. 2013)
Facts: A USDA employee requested remote work as a reasonable accommodation for her mental health condition (anxiety). The agency denied the request.
Issue: Whether denial of telework violated the Americans with Disabilities Act (ADA) and Section 501 of the Rehabilitation Act.
Ruling: The court held that the agency failed to engage in an interactive process and did not sufficiently justify the denial.
Impact:
Agencies must consider remote work as a potential reasonable accommodation.
The decision showed courts would not defer blindly to administrative decisions on telework.
2. Credeur v. State of Louisiana (5th Cir. 2017)
Facts: An Assistant Attorney General with a serious health condition sought to work remotely full-time. The employer denied, arguing that in-person presence was essential.
Issue: Whether in-person attendance was an essential job function.
Ruling: Court ruled in favor of the employer, finding that telework was not reasonable because physical presence was essential.
Impact:
Reinforced that telework is not always a required accommodation.
Validated administrative discretion in defining essential job functions.
3. EEOC v. Ford Motor Co. (6th Cir. 2015) (en banc)
Facts: An employee with IBS requested to telework up to four days a week. Ford denied, citing the need for team interaction.
Issue: Was the denial a failure to accommodate under the ADA?
Ruling: Court upheld Ford's decision, ruling that physical attendance was essential to the job.
Impact:
Pre-COVID case showing limits of remote work rights.
Emphasized deference to employer's judgment, unless clearly unreasonable.
EEOC guidance was considered but not binding.
4. Yochim v. Carson (7th Cir. 2018)
Facts: A HUD employee alleged that denial of remote work violated the Rehabilitation Act.
Issue: Whether the administrative policy on telework was applied discriminatorily.
Ruling: Court held the agency acted reasonably in denying the request given performance concerns.
Impact:
Clarified that poor performance can justify denial of remote work, even under accommodation frameworks.
Affirmed the need for consistency in application of administrative telework policies.
5. Sampson v. Secretary of HUD (Merit Systems Protection Board, 2022)
Facts: A federal employee challenged disciplinary action taken for failing to report in person, arguing telework was previously permitted.
Issue: Whether changing administrative guidance on return-to-office was valid grounds for discipline.
Ruling: MSPB ruled that agencies can lawfully modify telework policies as long as proper notice and procedural protections are given.
Impact:
Recognized administrative flexibility in adapting telework rules post-pandemic.
Balanced employee reliance interests with management prerogative.
6. Doe v. Dept. of Veterans Affairs (2021, Federal Court)
Facts: A VA employee with PTSD requested continued remote work post-COVID.
Issue: Whether the VA’s blanket return-to-work policy violated reasonable accommodation obligations.
Ruling: Court sided with employee, ruling that post-pandemic conditions required individualized assessment.
Impact:
Highlighted the shift in judicial thinking post-COVID, treating telework as more feasible.
Agencies must now justify denial of remote work more rigorously.
7. AFGE v. OPM (Administrative Decision, 2021)
Facts: The American Federation of Government Employees challenged a change in OPM telework guidance that reduced flexibility.
Outcome: OPM revised its guidance in 2022 to expand remote work, noting lessons from the pandemic.
Impact:
Illustrates how unions and agencies negotiate telework rights.
Administrative guidance was adjusted in response to labor feedback and performance data.
🏛️ Key Administrative Guidance Sources
| Agency | Guidance Area |
|---|---|
| OPM | Federal workforce telework policy (e.g., Telework Enhancement Act of 2010) |
| EEOC | ADA compliance, reasonable accommodation involving telework |
| DOL | Wage and hour laws for remote employees (FLSA) |
| OSHA | Employer safety obligations for home-based work |
| GSA | Duty station definitions affecting telework and locality pay |
🧠 Legal Principles in Remote Work Litigation
Reasonable Accommodation:
Under ADA and Rehabilitation Act, agencies must consider remote work if feasible.
Undue hardship or essential job function analysis applies.
Consistency & Non-Discrimination:
Agencies must apply telework policies uniformly.
Selective application could violate EEO laws.
Agency Discretion:
Courts defer to agency definitions of job functions but require evidence.
Reliance Interests & Due Process:
Employees may have due process claims if telework was suddenly revoked without notice or justification.
Public Health Emergency Exception:
COVID-era guidance temporarily expanded telework, but agencies retain discretion to revert with justification.
✅ Conclusion
Administrative guidance on remote work is evolving, especially in light of COVID-19. Courts have generally:
Supported agency discretion where justified by job requirements.
Required reasonable accommodation under disability laws.
Rejected arbitrary or discriminatory telework denials.
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