Lawsuit claims DOJ is retaliating against employees with disabilities who request telework

A new lawsuit alleges that the Justice Department discriminated and retaliated against two of its employees with disabilities “as part of a systematic, agency-wide practice of refusing to grant requests for telework as a reasonable accommodation.”

Both employees teleworked for years in their roles as supervisory IT program managers in the Criminal Division’s Office of Administration without any adverse impacts to their work, according to the complaint. But President Donald Trump’s January 2025 return-to-office directive for the federal workforce upended that. 

Joshua Mauldin, one of the plaintiffs, is a Marine and Air Force veteran who retired from the military in 2021 as a “100% permanent and total disabled veteran diagnosed with service-related post-traumatic stress disorder, generalized anxiety and several cardiac conditions.” 

“Because Mauldin’s psychiatric and cardiac disabilities interact, tasks that might be routine for others, such as attending in-person meetings, working in high-traffic office areas and commuting, carry a significant and documented medical risk for him,” according to the lawsuit. “The limitations are permanent, and the severity can range from moderate interference with concentration to acute, disabling episodes that halt his ability to function until symptoms stabilize.”

Prior to the start of Trump’s second term, Mauldin was required to work in-person one day per week, which he was able to manage because the office was mostly empty due to other employees teleworking. 

But offices became fuller after the end of remote work flexibility for most of the federal workforce. So, in February 2025, Mauldin requested a reasonable accommodation to telework, for the most part, at least nine out of every 10 workdays per pay period. 

Officials are legally required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause an “undue hardship” to the agency. Common examples include interpreters, flexible schedules and accessible technology. 

Mauldin in April 2025 reached out to an Equal Employment Opportunity counselor to raise a complaint because his supervisor did not make a final determination on his reasonable accommodation request by a 30-day deadline. A day later, his supervisor issued an interim arrangement that enabled him to report in-person only one day per pay period. 

And in July 2025, Mauldin’s supervisor approved another interim arrangement — rather than a final determination — for telework every work day “with in-office presence only when required by mission needs” as a result of an upcoming heart ablation procedure “due to a chronic cardiac condition that had worsened in recent months during a period of sustained job-related stress.”

But in November 2025, Mauldin was informed that he would lose his supervisory duties and that his position would be downgraded from a GS-14 to a GS-13 with a salary reduction. Agency officials said this was the result of a review of his job responsibilities, but attorneys in the filing countered that neither Mauldin or employees he supervised were interviewed.  

“The prolonged uncertainty caused by the agency’s refusal to grant Mauldin’s requests for reasonable accommodations, combined with the stress and instability caused by his demotion despite his strong performance evaluations, caused a significant deterioration of Mauldin’s PTSD, anxiety and stress-sensitive cardiac conditions,” his attorneys wrote. 

He began medical leave in December 2025. 

The other plaintiff, Tarik Smajic, has lived with “chronic pain and progressive spinal limitations” since a drunk driver hit his car in 2017. Before 2025, he teleworked three days per week, but that was a result of DOJ’s policy at the time rather than a reasonable accommodation. 

Following the return-to-office directive, however, Smajic requested a reasonable accommodation that would allow him to continue his work schedule of teleworking three days per week. His supervisor, who also oversaw Mauldin, criticized his request during a March meeting, according to the suit. 

“When Smajic explained that the refusal to grant his RAs had resulted in increased pain and forced him to increase his pain medication dosage, [the supervisor] responded with words to the effect of, ‘It’s your body, you can choose not to take the pills,’” according to the lawsuit. 

In July 2025, he requested telework every work day with “in-office presence only when required by mission needs” because new “MRI scans revealed a measurable deterioration of his condition…resulting in more persistent and debilitating symptoms.” Smajic’s supervisor denied it about a month later. 

Shortly thereafter, the plaintiff said that he was put on an “informal performance improvement plan” and received lower performance scores. 

Because he was required to work in-person three days per week, Smajic in September 2025 submitted a reasonable accommodation request that the agency provide him with equipment similar to what he had in his home office to relieve pain. 

“Smajic reported to the office in person, usually in extreme pain, on Sept. 8, 9, 10, 16, 18, 23 and 29, 2025, and had to leave early on several of those days because of the unbearable pain,” his attorneys wrote. “Because of agonizing flareups, Smajic also took some ad hoc leave on days he had originally planned to come into the office.”

According to the filing, Smajic’s supervisor in November 2025 sent him a questionnaire for his doctor to fill out regarding a type of chair that Smajic previously said would not be effective in reducing his pain. 

In December, his supervisor notified him that the agency would not provide any in-office accommodations and “instead intended to pursue involuntary reassignment as an ‘accommodation of last resort.’”  

The lawsuit requests that: Mauldin and Smajic receive compensatory damages, adverse personnel actions be reversed, their telework requests be approved and DOJ stop its “systematic practice of refusing to issue final decisions granting telework as a reasonable accommodation for employees with disabilities.”

DOJ did not respond to a request for comment on the lawsuit. 

Government Executive previously reported that Terry Jackson, a former DOJ employee with disabilities, settled with the agency after alleging that he was fired for requesting telework as a reasonable accommodation. 

Several agencies have instituted policies more strictly scrutinizing telework and remote work reasonable accommodations, arguing that many civil servants have abused the system following Trump’s return-to-office directive. Employees with qualifying disabilities are exempt from the mandate.