Federal agencies have duties under the Rehabilitation Act concerning disability discrimination and reasonable accommodation. The analysis is individualized and may involve the employee’s limitations, essential job functions, possible accommodations, effectiveness, medical documentation, and undue hardship.
Making a request
EEOC guidance explains that an employee generally does not need to use the words “reasonable accommodation.” A request can communicate that a change or adjustment at work is needed because of a medical condition. Agency procedures may identify the supervisor, EEO office, disability program manager, or another official who receives requests.
The interactive process
After a request, the employee and agency should communicate about the workplace barrier and effective options. Possible accommodations vary by person and job. EEOC examples include accessible equipment or materials, schedule changes, telework, leave, changes in how instructions are communicated, and reassignment to a vacant position in appropriate circumstances.
An agency may choose a different accommodation from the one requested if it is effective. It does not have to remove an essential job function or provide an accommodation that would impose undue hardship.
Medical information and confidentiality
If the disability or need for accommodation is not obvious or already known, an agency may seek information sufficient to evaluate disability and need. EEOC guidance says an agency generally should not demand unrelated medical information or an entire medical record. Disability-related medical information must be handled as confidential medical information.
Denial, delay, or retaliation
A delayed or denied request may require review of the agency’s written procedures, communications, stated reasons, alternatives considered, and the employee’s ability to perform essential functions. Requesting disability accommodation is also protected activity under the EEO laws.
Read about retaliation or return to the federal employee EEO overview.
Important information
This page provides general information, not legal advice. Deadlines and available procedures can depend on the facts, the employing agency, bargaining-unit coverage, and other elections or proceedings. Contacting the firm does not create an attorney-client relationship. Do not send confidential or sensitive documents until the firm confirms that it can review your matter.
Deadlines can be short. The EEOC states that a federal employee or applicant generally must contact an agency EEO Counselor within 45 days of the alleged discriminatory event or the effective date of a personnel action. Exceptions may apply, but they should not be assumed.