Failing to Accommodate Disabilities is Discrimination

The road to unlawful disability discrimination is paved with “good intentions.” Many federal agency lawyers (and therefore everyone else listening to them) mistakenly believe that discrimination requires in every case proof of discriminatory intent. That means if management denies any discriminatory intent, there is no discrimination (absent other evidence). That also means that if you … Read more

Poor Excuses – Federal Agencies Do Not Understand the ‘Undue Hardship’ Defense

Most federal agencies have difficulty dealing with reasonable accommodations because, well, they just don’t understand it. Many managers, HR, and EEO personnel are familiar with the concept of discrimination—at least insofar as they can avoid a charge of discrimination by having (and documenting) a “legitimate, non-discriminatory reason” for their actions. But this does not apply … Read more

Fake Essential Functions

I speak with many federal employees whose management has recently added “essential functions” to their job descriptions solely to avoid providing reasonable accommodations. This can amount to discrimination if the Agency denies a reasonable accommodation because of a “fake” essential function. Frequently these arise in telework situations. I call them fake here because they don’t … Read more

How Management (illegally) Fudges Essential Functions to Avoid Accommodations

Too often federal employees call me with issues about getting what are otherwise very reasonable disability accommodations from their supervisors. The problem is that federal agency managers are normally trained to treat all employees the same. That works for many situations, but not for reasonable accommodations. Under the ADA, treating everyone the same can actually … Read more

What Happens if You Can’t be Hired Because You are’t fit for Duty?

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.

Motion for Summary Judgment – A Quick Intro

A motion for summary judgment, or a “motion for decision without a hearing,” and how to respond, is probably the most important event in any litigation. It is where one side presents all of the facts that it can to convince the judge that no hearing or trial is required. For federal employees who are pursuing their EEO claims, this can be confusing. It is not like other motions. It is centrally important to how the EEO process functions.

Disability Pain Must be Accommodated by Agencies

A frequently overlooked aspect of disability accommodations is pain. Many federal employees who have requested reasonable accommodation experience moderate or severe pain even after accommodation. Pain can be a significant issue in obtaining the right accommodation.  Pain is also invisible. Many individuals have no way of describing the pain they are experiencing adequately. Many employees … Read more

Forcing employees to take leave instead of teleworking is an ADA violation

Forcing an employee to take leave is not a reasonable accommodation. The ADA requires employers to make reasonable accommodations to known disabilities of its employees. A specific accommodation, such as a ramp, is not required if providing it would be an undue burden on the employer. The ADA can require a lot of employers. And … Read more

Don’t Accept the Agency’s Reason for Not Hiring You

A lot of people learn that they didn’t pass the physical or some other medical examination when after receiving a conditional offer for a federal job. That’s actually a red flag that disability discrimination might be at work. The Nathan case – the FBI rejects an applicant because of monocular vision. Take the case of … Read more

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