Federal Employees

Uncovered Costs: How Federal Agencies’ Failure to Pay for Medical Exams Could Mask Discrimination

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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

Your RA Coordinator (RAC) May Be The Problem

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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

Failing to Accommodate Disabilities is Discrimination

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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

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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

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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

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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?

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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

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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

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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

Contact

Kyle G. Ingram

Law Office of Kyle Ingram
1200 18th Street, NW  Ste. 700
Washington, DC 20036
p. (202) 459-4563
e. Kyle.Ingram@KIngramLaw.com

Education

Juris Doctor, American University, Washington College of Law (2011)
M.A. Economics, Ludwig-Maximilians-Universität (2008)
B.S. Foreign Service, Georgetown University, School of Foreign Service (2005)

Bar Admissions

Maryland (2011)
U.S. District Court, District of Maryland (2013)
District of Columbia (2015)
U.S. District Court, District of Columbia (2018)

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