Return-to-office policies continue to generate accommodation disputes. The 2026 FedEx resolution offers current context, while court decisions show why no universal telework rule fits every job or jurisdiction.
What the EEOC alleged
The EEOC alleged that several Manhattan dispatchers had worked remotely successfully for nearly three years before requests to continue were denied under an operational return-to-office approach. The matter settled without a trial finding.
Prior remote work can be evidence
Performance reviews, productivity records, job duties performed remotely, changes in operations, and the employer’s stated reasons can help evaluate whether physical presence is essential. Prior telework is relevant evidence, not an automatic entitlement.
Courts and jobs differ
The outcome can depend on the federal circuit, actual duties, supervision, teamwork, equipment, customer contact, security, and alternatives. A hybrid schedule or another accommodation may be effective even when full-time telework is not.