TL/DR –
The Health and Human Services Department has introduced new rules affecting employees with disabilities wanting to use telework as a reasonable accommodation. The policy stipulates that requests for telework must be approved by an assistant secretary level official or higher. The union fears this process may deter individuals from applying, while an attorney specializing in representing employees with disabilities argues this could result in discriminatory cases against the department.
New Telework Policy for Employees with Disabilities Sparks Union Backlash
The US Department of Health and Human Services (HHS) is mandating new rules for disabled employees seeking telework as an accommodation, causing union uproar. Not well circulated among the workforce, this policy now necessitates the approval of an official at the assistant secretary level for all telework requests.
These changes were revealed in a document obtained and signed by Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer Thomas J. Nagy Jr. on Sept. 15, 2025. [Agencies must provide Reasonable Accommodations (RAs) to disabled workers unless it results in “undue hardship.”]
Furthermore, interim telework accommodations also require approval from an assistant secretary level official. Eric Pines, a Federal Employment Attorney specializing in representing disabled employees, believes this could impede individuals from applying for RAs.
Pines further suggested that these new requirements could potentially lead to legal violations, especially for individuals with apparent disabilities or those with verified medical documentation.
An internal communication showed that the Centers for Disease Control and Prevention (CDC) under HHS were instructed to expect all existing telework RAs to be repealed. This means that affected employees will need to reapply, triggering concerns over possible discrimination cases.
The HHS, while dealing with a six to eight months delay in processing RA requests from CDC alone, has stated that the new policy ensures consistency with federal laws. However, American Federation of Government Employees Local 2883 opposes the new requirements and fears that they may put their CDC employees’ health and safety at risk.
In Sept. 2025, CDC informed its employees that they could no longer apply for telework as an RA. This was later paused for legal review. The CDC had allowed remote work for a month following an incident where a gunman shot at their building.
Following the COVID-19 pandemic, most of the federal workforce was ordered by President Donald Trump to end telework. However, exceptions were granted for disabled employees. The Veterans Affairs Department has started to scrutinize RAs more strictly to maximize in-person work.
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