A lot of discrimination happens out in the open. Many agencies use safety or physical requirements in hiring even after hiring to exclude people with specific medical conditions. Often this comes in the form of a set of safety rules, such as being able to lift 25 pounds. Or it can be a vision requirement. … Read more
https://www.youtube.com/watch?v=EDK8yTbrQGA The following is the transcript from my most recent video: Understanding Limitations and Restrictions Hi, my name’s Kyle Ingram. I’m a disability rights attorney focusing on federal employees in Washington, D.C. Today I’m going to talk about reasonable accommodations for federal employees and the concept of limitations and restrictions. These two concepts are critical … Read more
I have always counseled federal employees to “trust but verify” when it comes to their agency’s EEO Office and any advice they get from these employees. Largely this is because the agency EEO office offers a lot of unqualified advice that is frequently wrong or glosses over important details that are important for my clients … Read more
A brief guide on requesting disability reasonable accommodations for federal employees. Part of a series on reasonable accommodations. This is the first post in a series about requesting reasonable accommodations for federal employees (U.S. government employees). I often hear from federal employees needing help with their cases, usually after they’ve already requested reasonable accommodations. However, … Read more
An issue overlooked by many federal agencies is their obligation under EEOC regulations to cover the expenses of certain medical evaluations for job applicants. This responsibility is particularly significant in roles demanding extensive physical exertion, such as law enforcement and other similar positions. Many federal agencies have either misunderstood or haven’t adequately updated their policies, … Read more
The Agency DRAD (Disability Reasonable Accommodation Division) and other RACs (Reasonable Accommodation Coordinators or Committees) for federal employees are responsible for ensuring that employees with disabilities are provided with reasonable accommodations to perform their job duties. Their job is generally, at least on paper, to work with employees and their supervisors to identify what accommodations … Read more
Many federal employees are returning to the office, some unwillingly. The Covid pandemic is not yet over, and may never truly be “over” in any case. Federal employees with disabilities are looking for guidance about whether they can continue to telework as a reasonable accommodation. For many federal employees, the answer is “maybe” and “it … Read more
Many federal employees have difficulty obtaining reasonable accommodations from their federal employers because of unnecessary delays. Because the issue is in management’s hands, employees face particular difficulties getting even simple accommodations approved. But avoiding unnecessary delays can be critical to providing accommodations and avoiding charges of unlawful discrimination. Management often ignores issues One common problem … Read more
Many employers, particularly federal law enforcement, have medical standards that they use to disqualify potential employees. An employer generally may disqualify an employee if either it believes he cannot perform the essential functions of the job, or he would pose a “direct threat.” But federal agency employers often go well beyond this. Frequently federal employers employ various tests that prevent the hiring of people with minor health issues. Unfortunately, this means that persons are told they cannot work for relatively minor health issues. Well, that’s discrimination. And too many federal agencies stand by and let it happen.
The EEOC has held on numerous occasions that telework, even 100% telework, is a reasonable accommodation. Forcing an employee to take leave is not a reasonable accommodation unless there is no other effective accommodation such as teleworking.
Find a time to talk about your case with a lawyer, not an intake coordinator.
Here’s what you should know: