The Importance of Accommodation Requests for Federal Employees
Federal employees with disabilities have rights protected under the Americans with Disabilities Act (ADA), which is known as the Rehabilitation Act when applied to federal employees. However, many federal employees make critical mistakes when requesting accommodations, potentially jeopardizing their rights and job security.
Common Mistakes When Requesting Accommodations
One of the most frequent mistakes is failing to submit a formal request for an accommodation. Each federal agency has its own process, and employees must follow the correct procedure. For example, the Veterans Administration (VA) requires forms to be submitted to the Local Reasonable Accommodation Coordinator (LRAC). While technically, an employee can verbally request an accommodation, practically, it must be put in writing to ensure the agency initiates the process properly.
Another mistake is assuming that remote work is a guaranteed accommodation. While working from home is a common request, federal employees must prove that they can still perform the essential functions of their job without causing undue hardship to their agency. Employees should carefully consider whether requesting full-time remote work is reasonable and consult with a doctor to determine if a hybrid schedule is a more viable option.
Delays in the Accommodation Process and How to Handle Them
A major issue many employees face is a lack of response from their agency after submitting an accommodation request. Employees often assume that their agency will follow the proper process, but delays and inaction are common. Employees should actively follow up in writing and document every interaction. If an agency fails to respond, an Equal Employment Opportunity (EEO) discrimination case for failure to accommodate can be filed. Seeking legal counsel at this stage can help employees navigate the process effectively.
Steps to Take If an Accommodation Request Is Denied
If a request is denied, employees can often ask for reconsideration. Some agencies, like the VA, have built-in reconsideration processes. Employees have the right to submit multiple requests for accommodation, but they should ensure that each new request includes additional supporting documentation.
One of the most effective ways to strengthen a case is to obtain a detailed letter from a doctor. While the law does not require employees to disclose their specific medical condition, a doctor’s statement outlining the necessity of the requested accommodation can significantly improve the chances of approval. The letter should also address why the accommodation will allow the employee to perform their essential job functions without creating an undue hardship for the agency.
Best Practices for Clearly Articulating an Accommodation Request
A well-drafted accommodation request should explicitly state how the accommodation will help the employee perform essential job functions. Employees should work closely with their doctor to avoid inadvertently stating that they are unable to perform their job, as this could lead to removal from federal service.
For instance, if a doctor states that an employee must work remotely five days a week or they will be unable to perform their duties, the agency may argue that the employee is unfit for their position. This could result in the employee being placed on disability retirement instead of receiving an accommodation. Employees should carefully craft their requests to balance their medical needs with their ability to continue working.
Understanding the Interactive Process
Federal agencies are legally required to engage in an interactive process with employees who request accommodations. While agencies are not obligated to provide the exact accommodation requested, they must offer an effective alternative if one is available. If an agency fails to engage in this process, employees may have grounds for an EEO discrimination case.
The interactive process is best conducted through direct discussions, but it often occurs via written correspondence. If an employee believes an alternative accommodation is ineffective, they must provide evidence supporting their claim. If the agency continues to deny reasonable accommodations, legal action may be necessary to protect the employee’s rights.
Ensuring a Smooth Accommodation Process
To avoid common pitfalls, employees should take the following steps:
- Submit Requests in Writing – Always use official forms and email correspondence to document requests.
- Follow Up Regularly – Do not assume the agency will act promptly; keep track of response deadlines and escalate concerns when necessary.
- Provide Strong Medical Documentation – Work with a doctor to create a compelling case that balances medical needs with job performance requirements.
- Engage in the Interactive Process – Be open to discussing alternative accommodations and negotiate in good faith.
- Seek Legal Advice When Necessary – If an agency is unresponsive or denies an accommodation without valid reasoning, consulting an attorney can help protect an employee’s rights.
Federal employees should be proactive, well-informed, and strategic when requesting accommodations. By avoiding common mistakes and following best practices, they can better navigate the process and secure the workplace support they need.