"The EEOC said that federal agencies are "not required to turn a blind eye to" evidence that shows an employee may not be entitled to certain accommodations, including remote work. The agency may follow up on an employee who routinely posts evidence in direct conflict with their accommodation on social media, and agencies should use medical documentation and the legally required interactive process to determine if telework is an appropriate reasonable accommodation."
"Employers should not use social media as "definitive proof" that an employee should not receive accommodations, but rather as a potential part of the overall process, according to Bernadette Coyle, associate attorney at Duane Morris. "The safest approach is for employers to continue to engage in the interactive process basing their decisions on medical documentation and job related criteria.""
The EEOC released guidance allowing federal agencies to examine social media evidence when determining if telework qualifies as a reasonable accommodation under the Rehabilitation Act. This follows the Trump administration's efforts to reduce remote work accommodations for disabled federal employees, including CDC pauses on telework requests and Veterans Administration restrictions. The EEOC clarified that agencies need not ignore social media evidence contradicting accommodation claims, but must still use medical documentation and legally required interactive processes. Private employers should exercise caution when adopting similar practices, as the Americans with Disabilities Act requires good-faith engagement with disabled employees. Legal experts recommend employers avoid treating social media as definitive proof and instead maintain focus on medical documentation and job-related criteria.
#telework-accommodations #disability-rights #social-media-monitoring #eeoc-guidance #federal-employment
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