A denied accommodation request can be both confusing and frustrating when you’re a federal employee pursuing a career despite your disability.
The right to reasonable accommodations is one of employers’ most essential obligations under the Americans with Disabilities Act (ADA).
Unfortunately, many employers fall short of their legal obligation to ensure qualified employees have the resources to perform their jobs successfully despite a disability.
When employers ignore or refuse accommodation requests, it isn’t just unfair—it’s a violation of your rights under federal anti-discrimination law.Â
This blog post will explore how employers violate the ADA by failing to provide reasonable work accommodations. Our skilled federal accommodation attorneys walk through some common examples of employer failure to accommodate and discuss what federal employees can do if it happens to them.
Learn how our team can assist you by calling (800) 801-0598 or sending an online message today.
Understanding Reasonable Accommodations
A reasonable accommodation is a change to the work environment that helps a qualified employee fulfill their essential job duties despite their disability.
Two federal laws protect an employee’s right to reasonable accommodations for a disability: the ADA and the Rehabilitation Act of 1973 (Rehab Act). Although the ADA is more widely known in the private sector, the Rehab Act oversees disability protections for federal employees.
Under these laws, an employee can receive reasonable accommodations from their employer if they have:
- The skills, education, and experience required for the position; and
- A physical or mental impairment that substantially limits one or more major life activities.
If an employee in this situation asks for a reasonable change in their work environment, their employer must engage in an interactive process to consider and fulfill it—or an alternative accommodation.
Examples of Failure to Accommodate Employee Disability
Under the Rehabilitation Act and ADA, failure to accommodate occurs when an employer neglects a qualified employee’s reasonable request for support in the workplace. Here are some common ways employers fail to fulfill their legal obligations to federal employees with disabilities.
Neglecting Inaccessibility
Federal agencies must ensure their workplaces are physically accessible for employees. This includes providing ramps, elevators, and restrooms that accommodate employees who use wheelchairs or walkers. Some individuals may also need alterations to their workstations to do their jobs effectively or move to a different work area. Refusing to address these barriers in the physical environment is one of the most common and basic forms of accommodation failure.
Failing to Provide Assistive Equipment
Many individuals with sensory impairments rely on assistive technology to navigate the world and do their jobs. This technology can include screen readers for employees with visual limitations or a hearing aid-compatible telephone headset for someone hard of hearing.
Similarly, employees with physical conditions may need ergonomic equipment to help them overcome their limitations. For example, someone with carpal tunnel syndrome may request a specialized keyboard to help them type without pain.
Refusing to provide assistive equipment in these cases can prevent employees from meeting their responsibilities successfully.
Denying Schedule Alterations or Work Leave
Flexible work scheduling, including leave time, is another common accommodation request. For example, an employee who experiences intense drowsiness due to their condition may need a later start time or shifts throughout the day to complete their work. Additionally, employees often request leave time to recover from a medical condition or undergo treatment. As an example, a federal employee with cancer might ask for unpaid leave to recover from chemotherapy sessions.
If an agency refuses to consider these requests, they risk violating federal law.
Refusing to Adapt Policies
Federal disability law requires employers to make reasonable exceptions to workplace policies for employees with disabilities. For example, a federal agency that usually doesn’t allow telework could modify that policy for an employee with a chronic illness who can perform their tasks at home. Employers who won’t consider revising policies or making reasonable exceptions can fail to meet their legal obligations.
Disregarding Mental Health Conditions
Employees with mental health conditions are just as eligible for disability protections as those with physical conditions. Failure to accommodate a request based on depression, anxiety, or post-traumatic stress disorder (PTSD) is a violation of federal law.
Ignoring Requests for Short-Term Accommodations
Not all impairments are permanent. Short-term conditions, such as a broken leg or post-surgery fatigue, are also valid reasons to request accommodations under federal law. Employers who deny these requests without considering them risk violating the law.
Can ADA Accommodations Be Denied?
Federal employers can legally refuse an accommodation request if it poses an “undue hardship” for their finances or operations. An employer could also deny an employee’s request if they don’t have enough medical documentation or evidence that the accommodation is necessary.
In either of these cases, employers may still have a legal obligation to consider future requests for alternative accommodations if backed by enough medical evidence.
Fighting for Access and Opportunities for Federal Employees
Individuals with disabilities are an essential part of the federal workforce that keeps our country running. If you’re a federal employee struggling to get the accommodations you need and deserve, it may be time to seek legal help.
The attorneys at Pines Federal have six decades of combined experience helping civil servants navigate their rights under federal disability law. We understand the challenges of the accommodation request process and are prepared to help you understand and exercise your rights.
Contact our office online or call (800) 801-0598 today to learn more about how we can help.Â