URGENT: ADA Compliance Guidance for Supervisors

Subject: Critical Legal Requirements: Reasonable Accommodation Process 

Fellow CDC Supervisors,

As you are all aware, CDC has announced a new telework policy that it says precludes the granting of telework as a reasonable accommodation for employees who have disabilities. Existing requests for telework RAs made after August 8, 2025, will be cancelled. Employees renewing RAs that involve telework will not have their new requests approved.

This policy is not in compliance with federal employment disability law. In fact, it systematically violates the civil rights of employees with disabilities.

As supervisors, you need to know both your legal rights and obligations pursuant to Federal Law.

Federal Law is clear on your responsibilities.

You must remain in compliance, at all times, with specific ADA and other federal employment disability rules, regulations, and procedures when handling reasonable accommodations. Failing to do so opens you and the Agency to legal liability.

Key Compliance Requirements:

• You cannot cancel existing permanent or temporary reasonable accommodations agreements without due process.

• All existing or new reasonable accommodations requests must be reviewed within proper channels and operate through an interactive process.

• Written documentation is required for all decisions.

• Agency policy never supersedes federal law.

• Violations open you, individually, to personal liability, as discriminatory practices against individuals with disabilities are exempt from sovereign immunity, meaning that individual supervisors can be sued and held personally liable for violations.

Telework Reasonable Accommodations are legally protected, despite any HHS policy or directive stating otherwise. The Telework Enhancement Act of 2010 (P.L. 111-292) provides additional accommodation protections for employees. Regardless of whether an agency has a telework program, an employee may be eligible to telework as a reasonable accommodation. Click here for CDC’s FAQ on telework as a reasonable accommodation.

We’ve attached it to this email as well.

Types of accommodations you may encounter: Federal law recognizes many accommodation types:

• Schedule modifications and telework

• Assistive technology and equipment

• Workspace modifications

• Job restructuring for essential functions

Your legal obligations:

• Process all accommodation requests promptly.

• Document all decisions in writing.

• Follow established procedures rooted in law—do not blindly follow directives, even from superiors, if you know or suspect these to be illegal.

• Consult with reasonable accommodation coordinators.

Protect yourself legally:

• Never act unilaterally on accommodation decisions.

• Do not follow directives, even from superiors, if you know or suspect these to be in violation of Federal employment disability law.

• Document everything in writing.

• Seek guidance from the EEOC or an attorney when uncertain.

• Never ask an employee directly for medical documentation.

Need support? Please reach out to us at ra@afge2883ga.org (from your personal email) with questions or concerns. Contact AFGE Local 2883 immediately if you receive directives that would violate federal employment disability law requirements or proper RA procedures.

Remember, you can be sued and held personally liable for federal employment disability law violations. Don't let ill-informed leadership pressure you into illegal actions.

In solidarity,

AFGE Local 2883