Published by Law Office of Anita M. Kelley · Updated
For federal employees and applicants in the United States.
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.
Primary sources
- EEOC — Disability Discrimination and Employment Decisions
- EEOC — Promoting Employment of Individuals with Disabilities in the Federal Workforce
- EEOC — Retaliation
Common questions
Must an accommodation request use particular legal words?
EEOC guidance says a request generally need not use the phrase reasonable accommodation. It must communicate that a workplace change is needed because of a medical condition.
Must an agency provide the exact accommodation requested?
Not necessarily. An effective alternative may satisfy the applicable requirement. The employee’s needs, essential functions, available options, and any undue-hardship issue require individual review.
Should I send medical records in my website inquiry?
No. Start with basic screening information and a short description of the workplace issue. Wait for the firm to request appropriate information through a suitable channel.
How an inquiry proceeds
Begin with the agency, basic conflict-screening names, your current stage, any representative, and the next stated date. If the firm can consider the matter after conflict and availability screening, a further discussion can identify relevant notices and records and the work requested.
Do not send detailed medical, personnel, or case records through the first public inquiry. The firm must separately agree to representation, including the scope and terms; no agency filing or deadline protection follows merely from submitting the form.
Prepare a short request-and-response timeline
- Note the work barrier, requested change, request date, and response.
- Identify alternative accommodations discussed and any written decision.
- Keep the relevant job description, request, and agency notices available for a later requested review.
Source: EEOC guidance on requesting and selecting a reasonable accommodation.