Alexandria, Va. — Two employees in the Executive Office for Immigration Review (EOIR) filed a class action lawsuit challenging the unlawful policy and practice of categorically denying telework as a reasonable accommodation for employees with disabilities. Plaintiffs are represented by Democracy Forward and co-counsel Burakiewicz & DePriest.
The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, alleges that EOIR adopted a policy and practice of denying all telework accommodations for employees with disabilities after the Trump-Vance administration directed federal agencies to scale back remote work. According to the complaint, instead of engaging in the good-faith interactive reasonable accommodation process required by the Rehabilitation Act, EOIR predetermines that telework accommodations will be denied regardless of employees’ medical needs, ability to perform their job remotely, supporting medical documentation, or the inefficacy of alternative in-office accommodations. Nor does EOIR leadership claim that allowing qualified employees with disabilities to telework would pose an undue hardship to the agency.
The plaintiffs are Kimberly Panian, an EOIR attorney-advisor in California who has Type I diabetes and experiences severe migraines with aura, and Hoi Yee Baxter, an EOIR attorney-advisor in Texas undergoing treatment for Stage IV lung cancer. EOIR granted plaintiffs’ telework reasonable accommodation requests many times previously, and both had worked remotely for years while maintaining strong performance reviews.
The complaint further alleges that EOIR denied the plaintiffs’ telework accommodation requests despite extensive supporting medical documentation demonstrating that telework was necessary to protect their health while allowing them to perform their jobs.
“Denying a reasonable accommodation that permits many federal employees with disabilities to work is neither efficient nor humane. People with disabilities add value to society, and we should be allowed to work without facing the choice between our safety and our livelihood, which is tied to the health insurance we rely on to stay alive,” said Kimberly Panian.
“A devastating piece of news that no one ever wants to hear—a stage IV cancer diagnosis. While dealing with the emotional and physical hurdles of cancer and treatment, I faced an additional setback when EOIR discontinued my telework reasonable accommodation. I worked hard for my law degree and am committed to continue my career in public service. No employee should have to jeopardize their health to keep their job and healthcare,” said Hoi Yee (Cherry) Baxter.
“Our brave clients are dedicated public servants who successfully performed their jobs with reasonable telework accommodations in place,” said Elena Goldstein, Legal Director at Democracy Forward. “Federal employees with disabilities should not be forced to choose between their livelihoods and their health. The Rehabilitation Act requires federal agencies to engage in an individualized, good-faith process to provide reasonable accommodations — not impose blanket bans driven by politics and ideology. This policy of categorically denying telework accommodations is unlawful, dangerous, and fundamentally inconsistent with the federal government’s obligations under disability rights law.”
“No worker should ever have to choose between their livelihood and their health when a common-sense, reasonable accommodation exists. Ms. Panian and Ms. Baxter have performed their jobs with glowing performance evaluations for years while teleworking despite devastating medical circumstances. Yet, EOIR under the Trump-Vance administration won’t allow them to telework. We couldn’t be more proud to support them and their colleagues, on whose behalf they bring this class action, in their effort to make sure the law is followed and they can continue the careers they’ve worked so hard for,” said Heidi Burakiewicz from Burakiewicz & DePriest
The lawsuit seeks declaratory and injunctive relief on behalf of a proposed class of EOIR employees with disabilities who requested and were denied telework accommodations since January 20, 2025.
The case is Panian et al. v. Blanche. The legal team at Democracy Forward includes Anashua Dutta, Louis Katz, Catherine Carroll, and Elena Goldstein. The Burakiewicz & DePriest legal team includes Heidi Burakiewicz and Sophia Serrao.
Read the filing here.
