A federal judge has directed the U.S. Department of Justice (DOJ) to allow two immigration court attorneys with disabilities to return to working from home while their legal challenge against the agency’s telework restrictions moves forward.
During a hearing in Alexandria, Virginia, U.S. District Judge Patricia Tolliver Giles granted a preliminary injunction in favor of Kimberly Panian and Hoi Yee Baxter, two attorney-advisors employed by the Executive Office for Immigration Review (EOIR). The order temporarily restores their remote work arrangements but applies only to the two plaintiffs rather than all employees covered by the proposed class-action lawsuit.
The lawsuit argues that EOIR unlawfully ended remote work accommodations after implementing a return-to-office policy requiring federal employees to work on-site five days a week. According to the complaint, the agency effectively stopped approving telework requests, including those sought as reasonable accommodations for workers with disabilities.
Attorneys representing the plaintiffs welcomed the ruling, describing it as an important affirmation that employees with disabilities should not be forced to choose between safeguarding their health and remaining employed.
Panian, who has Type 1 diabetes, and Baxter, who is undergoing treatment for Stage IV lung cancer, contend they had successfully performed their duties remotely for years while consistently receiving positive performance evaluations. They argue that the abrupt policy shift placed them at significant personal risk despite their established work records.
Court filings state that Baxter now faces daily exposure to illnesses that could pose life-threatening consequences because of her medical condition. Panian, meanwhile, reportedly exhausted nearly 250 hours of leave after being unable to continue working remotely.
The lawsuit alleges that refusing to consider telework as a reasonable accommodation violates the federal Rehabilitation Act, which protects federal employees from disability-based workplace discrimination.
The Justice Department has disputed claims that it maintains a blanket prohibition on remote work for disabled employees. In its court filings, the agency stated that EOIR has approved remote work accommodations for at least 12 employees with disabilities since the government-wide return-to-office directive took effect. DOJ also maintains that no universal policy exists requiring denial of such requests.
The case, filed in the U.S. District Court for the Eastern District of Virginia, will now proceed while the temporary order allowing the two attorneys to work remotely remains in effect.
