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, at this stage, the request and its basic details can’t be altered. With some initial guidance on requesting reasonable accommodations, much distress could be prevented. Future posts will address more issues about reasonable accommodations in general.

Making the initial accommodation request

The EEOC, in charge of interpreting anti-discrimination laws, adopts a broad perspective on reasonable accommodation requests. There is no need for specific “magic words”. However, to make a legally valid reasonable accommodation request, an employee must ask for a change in their work process due to a medical condition. While some disabilities and medical conditions may be apparent, these represent only a minority of cases.

When an individual decides to request accommodation, the individual or their representative must inform the employer that they need an adjustment or change at work due to a medical condition. To request accommodation, an individual may use “plain English” and need not mention the ADA or use the phrase “reasonable accommodation” (EEOC Guidance at Q1 [see link at the end]).

It’s understandable that employees may be hesitant to share medical information with their employer. The EEOC’s interpretation of anti-discrimination laws for federal employees states that the individual requesting accommodation isn’t required to disclose a specific medical condition or other medical details. It’s enough to indicate that the request for a workplace adjustment is due to a medical restriction. Many employers don’t require extensive medical documentation, and some may not even want it. This is because they must manage this information appropriately or risk legal repercussions if they fail to do so.

Be aware that employers are not typically obligated to make general workplace changes, even if they’re based on medical restrictions or disabilities, unless this information is disclosed to them. According to the ADA and Rehabilitation Act – the latter applies to federal employees – the legal requirement for accommodations only extends to “known” disabilities. An employer is not required to speculate on the reasons behind a request for a specific accommodation in the workplace.

Frequently Asked Questions:

Should I disclose my disability?

You are not required to disclose your specific disability to make a valid request for accommodation. According to the EEOC Guidance at Q1, it’s enough to state that you require an accommodation due to medical treatments you are undergoing. There’s no need to disclose the specific type of medical treatments, diagnoses, or the nature of the disability causing the need for accommodation. This rule applies specifically to requests, not necessarily to the rest of the process. Although the Agency might be entitled to more information about the disability and its restrictions, there is no initial requirement to disclose specific medical information when making a reasonable accommodation request. Whether or not you choose to provide additional information to clarify any issues will depend on the specifics of the situation and comfort level in disclosing sensitive medical information.

How much can I ask for?

There’s no straightforward answer to this question. My general approach is to ask for what you need. Requesting less than what you need will put you in an uncertain position where the accommodations provided do not meet your needs. This could lead to a situation where you have to be cautious about what you ask for because you might get it.

The required accommodations depend on an individual’s specific disabilities and restrictions. It’s difficult to generalize about the extent of any accommodations that should be requested. If the agency is unwilling to provide the accommodations, it’s better to have asked and been denied than not to have asked at all.

Legal remedies are typically only available for individuals who have requested specific accommodations and have been denied. These remedies are not usually available for those who have not requested accommodations but still expected the agency to provide them.

What kinds of accommodations can I ask for?

The Job Accommodation Network (JAN) is a website maintained by the U.S. Department of Labor. It provides numerous resources for finding, requesting, and obtaining accommodations. One of their most valuable resources is a list of potential accommodations, organized by restrictions, which can serve as a solid starting point for discussing your needs.

Website: https://askjan.org/

However, like many general resources, it can be challenging to find information specific to your situation on this website. Therefore, if you have questions about a reasonable accommodation request, it is always advisable to consult with an attorney. Even a brief conversation with a knowledgeable attorney can prevent years of potential mistakes and issues. Nonetheless, JAN is an excellent starting point.

What are some best practices for requesting accommodations?

Make your request in writing: Preferably, do this via an email. You do not need to disclose medical information to make a valid, reasonable accommodation request. An email request provides verifiable documentation in case of future questions. Here are three reasons why this is beneficial:

1. By using email, you give the recipient easy-to-forward information. Most federal agencies have disability program managers, known by various names, who assist with accommodation requests. They often have specific training in legal requirements, making it easier for management to find the help they need to provide the requested accommodation.
2. Documenting your request makes it difficult to deny that a legally sufficient request was made (depending on the wording).
3. As a federal employee, you are protected from retaliation for making a reasonable accommodation request. A written request helps establish that you have engaged in an activity protected by the anti-retaliation provisions of disability laws.

Use the term “reasonable accommodation”: Although this phrase is a legal term of art, meaning that merely labeling something as a reasonable accommodation request does not automatically render it as such, using this term or variations of it will alert your management to the fact that you are making a request that may be required under law. When making a request for reasonable accommodation, an employee will likely want to avoid any ambiguity regarding the reason for the request. Using these terms typically cues the employer and management that they may have a legal obligation with respect to this request.

Response to Expect:

Acknowledgement of the Request

There are very few specific requirements as to how an employer must respond to a reasonable accommodation request. The Americans with Disabilities Act (ADA) and the Rehabilitation Act only mandate that a reasonable accommodation be provided. While the ADA encourages an interactive process between the employee and management, this is not strictly required. A failure to engage in such an interactive process is not illegal in itself, but the failure to provide accommodation is.

Beyond these legal requirements, federal employees should anticipate some acknowledgment of their request. Although managers are not obligated to provide any specific response, receiving a response that at least acknowledges the reasonable accommodation request and any further steps that will be taken is beneficial. This allows you to know that your accommodation request has been heard, and hopefully, it will be processed correctly.

Referral to Disability Program Manager

Many agencies employ Disability Program Managers (DPMs) who assist management with handling reasonable accommodation requests from employees. While not a requirement by law, many agencies have specifically designated individuals for this role. It is common for this person to be assigned at the beginning of a reasonable accommodation request and to manage the response to the request, at least initially. This includes requesting additional information.

Although the DPM often possesses more knowledge about the reasonable accommodation process than management, my experience is that these individuals can sometimes provide less than optimal advice. A DPM is typically not a lawyer and is certainly not your lawyer. They are under no obligation to provide you with accurate information or to ensure that you have all the information you need to make the best possible reasonable accommodation request. Despite this, the majority of DPMs are hard-working, well-intentioned individuals who play a potentially significant role in facilitating management’s decision about a reasonable accommodation request.

It is important to understand that the DPM is not the person who ultimately makes decisions about your reasonable accommodation. That is a role for management. However, they can be helpful in providing the opportunity to review medical documentation and offer advice on reasonable accommodations in the workplace.

Request for Medical Documentation

Federal agencies frequently request medical documentation when responding to a request for reasonable accommodation. They often require this evidence to verify the existence of a medical condition that meets the criteria of disability laws. It is common for a request for reasonable accommodation to necessitate some form of medical documentation, which the agency will likely request.

However, this does not always imply that the agency is entitled to the specific medical documentation they are requesting. The EEOC generally prohibits employers from requesting more information than is necessary to establish the need for a reasonable accommodation. This issue will be addressed in a separate post.

An Interactive Process

The agency should engage in an interactive process with you. There are typically no specific requirements for how this process should unfold. An interactive process might be as straightforward as a series of emails exchanged back and forth. It does not necessarily require an in-person, face-to-face meeting, although such a meeting could also qualify. It is possible to provide accommodations without any interactive process at all. However, federal agencies generally require some form of interactive process between management and the employee requesting accommodations before making a decision.

The interactive process is particularly helpful for the employee to clarify what their needs are. However, a word of caution: if there is an interactive process, management may rely on this process in developing the accommodations that are ultimately offered to the employee. Therefore, it is important to be prepared for an interactive meeting to know what to expect.

A Decision

The agency should ultimately arrive at a decision regarding a reasonable accommodation request. This decision could involve granting the accommodation, granting some aspects of the accommodation, denying some aspects of the accommodation, or outright denying any accommodation. The most problematic situation arises when management simply ignores a reasonable accommodation request. While this action is not illegal in itself, it could very easily lead to a failure to accommodate and is not really an acceptable way of handling a reasonable accommodation request.

Employees should anticipate that the agency will produce a written response to their reasonable accommodation request. Typically, a written response will outline the options available to an employee to request a reconsideration of the decision, or to file an EEO complaint.

Terms: Here are some quick definitions for you.

Disability, as outlined by the EEOC, refers to a physical or mental impairment that substantially limits one or more major life activities. The EEOC’s broad definition aims to ensure comprehensive protection under the law, acknowledging the varied ways in which impairments can affect individuals’ work and daily lives. The concept of disability, particularly in the context of employment and legal protections, often focuses on the restrictions resulting from a medical condition.

Restrictions in the context of employment discrimination are the limitations a disability imposes on an individual’s ability to perform certain activities, including work-related tasks. The nature and extent of these restrictions can vary widely depending on the individual and the specific condition.

A reasonable accommodation is a modification or adjustment to a job, work environment, or the way things are usually done. There are no categories of changes that are strictly outside of what constitutes a reasonable accommodation with very few exceptions (such as requesting a new supervisor). In the federal context, an employee’s commute can also be within the scope of what is required for reasonable accommodations. Such accommodations are required not just for performing the essential functions of the job, but also must be allowed to apply for a job and to enjoy benefits and privileges of employment similar to those without disabilities.

Essential Functions refer to the fundamental job duties of a particular job. Not all job functions are essential, and those that are not essential are typically referred to as “marginal” functions. What is an essential function is not for the employer or the employee to decide. Rather, it is a legal question that may ultimately be decided by a judge or the EEOC.

In the context of reasonable accommodations, discrimination means not providing a reasonable accommodation when required to do so. In a failure to accommodate, there is no requirement to show that management intended to treat an individual with a disability differently, as would be the case with for example race or sex discrimination. Instead, not treating an individual with a disability differently (by providing an accommodation) constitutes discrimination.

Additional Resources

U.S. Equal Employment Opportunity Commission, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA (available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada).