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Federal employees who have been diagnosed with disabling medical conditions are entitled to reasonable accommodations at work. Reasonable accommodations make it possible for disabled employees to safely and comfortably do their jobs, and federal agencies are required to provide them in most circumstances. With this in mind, if your agency has denied your request for a reasonable accommodation, you should consult with an experienced federal employment lawyer promptly.
What can a federal employment lawyer do to help? First, your lawyer can determine if the denial of your reasonable accommodation request was wrongful. Second, if the denial was wrongful, your lawyer can take appropriate legal action on your behalf. While federal employees can appeal wrongful reasonable accommodation denials in various circumstances, the key is to ensure that you are making informed decisions based on the specific facts of your case.
My Federal Agency Denied My Reasonable Accommodation Request. What Now?
If your federal agency has denied your request for a reasonable accommodation, there are some steps you will want to take as soon as possible. These steps include:
1. Determine Why Your Reasonable Accommodation Request was Denied
One of the first steps you will want to take is to determine why your reasonable accommodation request was denied. As the U.S. Office of Personnel Management (OPM) explains, “All denials of reasonable accommodation requests must be made in writing, and the decision must specify the reason for the denial. The denial should be written in plain language, clearly stating the specific reasons for the denial.”
So, the denial letter from your federal agency should plainly state the reason why it decided not to approve your request. This is key information for determining what options you have available.
2. Gather All Relevant Documentation
Once you have determined the reason for the denial of your reasonable accommodation request, you will then want to gather all relevant documentation. This includes everything from your medical records documenting your disability to your copy of your reasonable accommodation request and any subsequent communications with your federal agency. The more documentation you can gather, the better.
3. Consider All of Your Options
At this stage, you will want to begin considering all of your options. While the options that you have available depend on your specific circumstances, your potential options may include:
- Resubmit your request in accordance with all pertinent requirements (if your agency denied your request due to technical deficiencies).
- Attempt to work with your federal agency to reach an agreeable resolution, such as an alternate accommodation that was not previously considered.
- File for leave under the Family and Medical Leave Act (FMLA) or file for Federal Disability Retirement if your agency cannot accommodate your disability.
- File a formal appeal with the U.S. Equal Employment Opportunity Commission (EEOC) to seek a reasonable accommodation that you have been wrongfully denied.
Everyone’s situation is unique, and even when federal employees are dealing with the same general circumstances (i.e., wrongful denial of a reasonable accommodation request), they may still need to take different steps to protect themselves. With this in mind, before you make any decisions about the option you want to pursue, we strongly recommend discussing your situation with an experienced federal employment lawyer.
4. Keep Prioritizing Your Health and Wellbeing
While you are focused on protecting your legal rights as a federal employee, it is important not to overlook your health and well-being. We understand that this can be very challenging—especially if you need to work and are not able to do so safely or comfortably. An experienced federal employment lawyer can help you here as well, including helping to ensure that you do not make any mistakes or oversights that could make your situation worse than necessary.
5. Work with a Federal Employment Lawyer to Make Informed Decisions
From helping you understand the reason for your denial (including whether the reason stated in your agency’s letter is the true reason for the denial) to helping you choose between the options that are available to you, there are several ways an experienced federal employment lawyer can assist in this scenario. To ensure that you are making informed decisions with your health needs and financial interests in mind, you should schedule an appointment with an experienced federal employment lawyer right away.
Grounds for Federal Employees to Challenge Reasonable Accommodation Denials
When you speak with an experienced federal employment lawyer, your lawyer will evaluate all potential grounds for challenging your agency’s decision to deny your request for a reasonable accommodation. While it will be possible to work out an agreeable resolution in many cases, some federal employees will need to file a complaint with the EEOC. Some examples of potential grounds for filing a complaint include:
- Improper Claim of Undue Hardship – Federal agencies can deny reasonable accommodation requests if providing an accommodation would create an undue hardship. Improper claims of undue hardship can provide grounds for appeals.
- Refusal to Consider Reasonable Options – Federal employees can also file appeals if their agency refused to consider reasonable options for accommodating their disability-related needs. Agencies cannot only consider accommodations that are preferential to them.
- Discriminatory Constructive Discharge – If your federal agency denied your request because it is seeking to force you to leave your employment, you may have a claim based on a discriminatory constructive discharge.
- Other Forms of Discrimination – If your federal agency denied your request based on a protected characteristic other than your disability, you may have a federal discrimination claim in addition to a claim based on your reasonable accommodation denial.
Request a Confidential Consultation with an Experienced Federal Employment Lawyer Today
Do you need to know more about your legal rights as a federal employee? If your federal agency has denied your request for a reasonable accommodation, we encourage you to contact us for a confidential consultation. To discuss your situation with an experienced federal employment lawyer at The Law Firm of J.W. Stafford, please call 410-514-6099 or inquire online today.