New documents show the Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM) permit federal agencies to deny work-from-home requests if employees’ social media shows evidence against their disability claims, AL
reports.The Feb. 11 document says social media can be used against employees, stating agencies don’t have to “turn a blind eye to evidence tending to show that an employee is not entitled to an accommodation or that an employee acted in bad faith.” The agencies under the Trump administration claim the motive is led by people claiming to be disabled and showcasing that they are not.
“Agencies have reported instances when employees assert they cannot drive to commute to work but are routinely observed doing so for personal activities,” the document continues.
“In other cases, employees assert they cannot perform work functions involving walking or other biomechanical motions, yet their public social media shows them routinely engaging in strenuous physical activity outside of work.”
It has been an
uphill battle for the disabled community since President Donald Trump signed an executive order for federal workers to leave remote work life behind and return to the office. Since then, agencies and major companies have run out of ideas for complying without violating disability laws — and have been forced to pay up if sued.In October 2025, National Grid was ordered to pay close to $3.1 million to two former disabled dispatchers in Brooklyn, New York, after their requests to work from home were denied. The verdict found the utility company violated the Americans with Disabilities Act (ADA), as well as New York City and state human rights laws.
While OPM Director Scott Kupor revealed the government has granted about 10% of exemptions, disability advocates say that’s not enough, and social media should not be used against them. “Telework can resolve issues for people with all sorts of disabilities, but agencies have been contorting themselves to offer alternatives to telework,” Federal Practice Group Partner Debra D’Agostino cited.
“If telework has been working, and this employee has outstanding appraisals, and it has not posed any impediment to their ability to do their job, why are we wasting resources to try to redo this?”
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