Federal Disability Discrimination Attorneys with Offices in the Tampa Bay Area

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 accommodations that can help you perform 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
• Structured schedules for task completion and time blocking
• Flexible or adjusted work schedules
• Accessible parking spaces
• Modified workstations, including ergonomic features or desks at adjusted heights
• Reassignment to an available position more conducive to your abilities

A federal agency is generally required to implement reasonable accommodations when doing so can help the employee perform their job. An agency doesn’t have to provide an accommodation if doing so represents an “undue hardship,” a standard measured by cost and potential disruption relative to the agency’s size, available resources, and other mitigating factors.

In some situations, a federal agency may improperly claim that a reasonable accommodation represents an undue hardship. We can negotiate with the agency on your behalf and enforce your rights. We also assist employees who have been terminated or retaliated against for requesting an accommodation.

When FMLA Leave & OPM Disability Retirement Intersect

For federal employees with serious or long-term health conditions, 12 weeks of FMLA leave may not be enough to resolve the underlying situation. When FMLA leave runs out and returning to work remains difficult, OPM Disability Retirement may provide an additional path forward. This longer-term benefit is available to federal employees who can no longer perform their position’s essential functions, and it serves a different purpose than FMLA: where FMLA is a short-term, job-protected leave right, OPM Disability Retirement addresses situations where the employment relationship itself can no longer continue as it was.

Federal employees navigating both the reasonable accommodations process and FMLA leave simultaneously face overlapping agency deadlines and administrative procedures that require careful coordination. When an accommodation solution can’t be reached, we can help you evaluate both temporary FMLA leave and OPM Disability Retirement as options and understand how the two interact given your specific situation.

How Does Requesting Reasonable Accommodations Work for Federal Employees?

Even though you’re entitled to reasonable accommodations as a federal employee, formally requesting, negotiating, and implementing those changes can be difficult, particularly when you face initial resistance. We understand the relevant laws and can help assert your rights at every stage.

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

• Identifying the qualifying disability. If you’re seeking reasonable accommodations, you’ll need to establish that your condition qualifies as a disability under the Rehabilitation Act and demonstrate that accommodations would enable you to more readily perform your job responsibilities.
• Initiating the reasonable accommodations request. You’ll need to inform your agency’s management team that you have a disability and are requesting accommodation. If your supervisors are cooperative, this doesn’t need to be a formal process. If you face pushback, you’ll likely need to submit one or more forms. An agency has the right to request a reasonable level of medical documentation, but we can step in if they ask for more than the law requires.
• The Interactive Process. The “Interactive Process” is the structured discussion and negotiation involving you, your agency’s management team, and the Equal Employment Opportunity officer assigned to your agency. All parties work to identify an accommodation plan that is fair and workable.
• Contesting undue hardship claims. In most cases, the Interactive Process produces one or more accommodations that can let you continue in your current position. While agencies can claim undue hardship, the federal government generally has the resources to find a workable solution. Persistent refusal may signal discriminatory behavior rather than genuine hardship. We can help you explore filing a complaint with the EEOC.

If your agency is denying FMLA-protected leave or refusing a reasonable accommodation, call (813) 437-4447 or contact us online today. We offer free initial consultations.