Reasonable Accommodations & FMLA Solely Focused on Federal Employment Law

Federal Disability Discrimination Attorneys with Offices in the Tampa Bay Area

Compassionate and Experienced Representation

You should never face resistance when requesting reasonable accommodations for your disability. You should also never have to worry about losing your job should you need to take time off to care for yourself or a loved one.

Our federal disability discrimination attorneys at Legal Lion Employment Law Firm PLLC, based out of the Tampa Bay Area, represent federal employees throughout the United States. Our team can guide you through the process of obtaining reasonable accommodations for physical and mental disabilities. We can also assist you in securing medical leave protected by the Family and Medical Leave Act (FMLA).

Call (813) 437-4447 or contact us online to discuss your options.

Recognizing & Combatting Disability Discrimination

Disability discrimination can take several forms. Under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, all employers – including the federal government – are prohibited from treating an employee differently as a result of their disability or perceived disability. In practice, this means that a government agency cannot make decisions about hiring, dismissal, or compensation on the basis of someone’s physical or mental disability.

Some federal hiring agents may discriminate as part of the hiring process by refusing to consider applicants with permanent or perceived disabilities. So long as a candidate can ably perform the job responsibilities, they must be given the same consideration as any other applicant. If you believe you were discriminated against during the hiring or interviewing process as a result of your disability, we can help you explore your legal options.

Disability discrimination can also occur after a person living with a disability has been hired. Federal agencies cannot choose to prioritize the dismissal of disabled employees during layoffs, furloughs, or reorganizations on the basis of their disabilities. Federal workers with disabilities must also receive the same consideration for promotions and other forms of advancement as that of their peers. If you have been the victim of any form of disability discrimination in your agency’s workplace, we can help you pursue a complaint with the Equal Employment Opportunity Commission (EEOC).

Navigating FMLA Conflicts as a Federal Employee

Certain medical conditions, injuries, and circumstances may require you to take a considerable amount of time away from work. Whether you need to recover from a debilitating injury or care for an elderly loved one, you deserve to take the time you need without fear of reprisal. In some cases, the time you need to take off may exceed the amount of sick or vacation days that you have available.

The Family and Medical Leave Act (FMLA) allows qualifying federal employees to take up to 12 weeks of unpaid leave per year to manage family and medical care. Most federal employees qualify for FMLA protections if they have been in their position for at least 12 months and have worked at least 1,250 hours in the 1-year period before starting their leave. You cannot be terminated from your federal position as a result of taking FMLA-protected leave. You also cannot be retaliated against or intimidated into not taking your FMLA-protected leave.

Our disability discrimination attorneys at Legal Lion Employment Law Firm, located in the Tampa Bay Area, represent federal employees in FMLA conflicts. If your agency is refusing to allow you to take qualifying FMLA leave or is threatening you with disciplinary or adverse action, we can help enforce and protect your rights.

Get the legal support you need in fighting disability discrimination. Call (813) 437-4447 or contact us online to discuss your options.

Your Right to Reasonable Accommodations as a Federal Employee

One of the most common forms of disability discrimination is a failure or refusal to provide reasonable accommodations. If you live with a disability, your federal agency is obligated to explore reasonable accommodations that will assist you in better performing your job responsibilities. The specific accommodations will depend on the nature and extent of your disability.

Examples of reasonable accommodations include:

  • Additional training and guidance
  • Reliable and periodic breaks
  • Wheelchair ramps and access points
  • Interpreters for the hearing-impaired
  • Readers for the visually impaired
  • Telecommuting or working from home
  • Thorough schedules for task completion and time blocking
  • Flexible or adjusted work schedules
  • Accessible parking spaces
  • Modified workstations, including enhanced ergonomic features or desks at adjusted heights
  • Reassignment to an available position more conducive to your abilities

Generally, a federal agency is required to implement reasonable accommodations if doing so will assist the disabled employee in doing their job. However, a federal agency – or any employer – does not necessarily have to provide an accommodation if doing so represents an “undue hardship.” This factor is measured by cost and potential disruption to the workplace and will depend on an agency’s size, available resources, and other mitigating factors.

In some situations, a federal agency may improperly claim that a perfectly reasonable accommodation represents an undue hardship. Our legal team can help negotiate with employers and enforce your rights. We can also assist you if you have been terminated or otherwise retaliated against for requesting a reasonable accommodation.

How Requesting Reasonable Accommodations Works as a Federal Employee

Though you are afforded rights to reasonable accommodations as a federal employee, the act of formally requesting, negotiating, and enacting these changes can be difficult, especially if you face initial resistance. Our legal team has an extensive knowledge of the relevant laws and can help assert your rights.

Our Tampa Bay Area disability discrimination attorneys can guide you through each step of the process, including:

  • Identifying the qualifying disability. If you are only seeking reasonable accommodations, you will only need to establish that your condition qualifies as a disability under the ADA. You will need to demonstrate that you can more readily perform your job responsibilities if you are reasonably accommodated.
  • Initiating the reasonable accommodations request. Next, you will need to inform your agency’s management team that you have a disability and are requesting accommodation. This notification does not necessarily need to be formal if your supervisors are cooperative. If you face any pushback, you will likely need to submit one or more forms. An agency has the right to request a certain level of medical proof, but we can step in and protect your rights should they overstep and request more than is necessary.
  • The Interactive Process. The “Interactive Process” refers to the discussions and negotiations involved between you, your agency’s management team, and the Equal Employment Opportunity officer assigned to your agency. All parties will attempt to find an accommodation plan that is fair and reasonable.
  • Contesting undue hardship claims. In most cases, the Interactive Process will yield one or more accommodations that will enable you to continue working in your current position. Both public and private employers have the right to claim that any given accommodation represents an undue hardship, but the federal government generally has the resources and means to find an agreeable solution. Should you struggle to make progress in your case, you may be the victim of discriminatory behavior. We can help you explore filing a complaint with the EEOC.

If you are struggling to obtain FMLA-protected leave, call (813) 437-4447 or contact us online today. We offer free initial consultations

Why Clients Continue to Choose Us

  • Direct Legal Access

    Clients will interact with our attorneys directly instead of office staff and paralegals.

  • Free Consultations

    Free Consultations are available for every situation without time restraints.

  • Cost Effective

    We keep costs low and effective for all of our clients. It is more important for us to help federal employees in need of guidance and advice.

  • Available Outside Business Hours

    We make ourselves available outside of business hours upon request.  

The Intricacies of Federal Employment Law Are Vast & Complex

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