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It is often helpful to hire an experienced federal disability attorney to help you with disability discrimination or reasonable accommodation (RA) denial. Gary has substantial experience in federal disability law under the Rehabilitation Act and the Americans with Disabilities Act. He can help guide you through a claim based upon disability discrimination or failure to accommodate.
Under the Rehabilitation Act of 1973 (as amended), federal agencies are required to provide reasonable accommodations to “qualified individuals with disabilities,” unless doing so would cause undue hardship to the agency.
According to the Equal Employment Opportunity Commission’s regulations (29 C.F.R. 1630.2), a disability is defined as a physical or mental impairment that “substantially limits” one or more major life activities. An individual may also be considered disabled if they have a history of such an impairment or are regarded as having one.
Major life activities include, but are not limited to, the ability to care for oneself, perform manual tasks, walk, see, hear, speak, breathe, learn, think, sit, stand, reach, interact with others, concentrate, lift, sleep, and run. The Americans with Disabilities Act Amendments Act also expands this list to include major bodily functions, such as immune system functions, normal cell growth, digestive processes, bowel and bladder functions, neurological and brain functions, respiratory functions, circulatory functions, endocrine functions, and reproductive functions.
The term “substantially limits” is interpreted broadly, meaning an impairment doesn’t have to completely prevent or significantly limit a major life activity to be considered substantial. However, not all impairments are classified as disabilities.
Once it’s confirmed that an individual has a disability, the next step is to determine if they are a “qualified individual with a disability.” To be considered “qualified,” the individual must meet the job’s required skills, experience, education, and other qualifications and must be able to perform the essential functions of the job, with or without reasonable accommodation.
Essential functions are the fundamental duties of a position. A function is considered essential if:
The supervisor, in consultation with the employee, should identify the essential functions of the job. A list of these functions should be provided to the employee to share with their healthcare provider. This allows the healthcare provider to offer accommodation suggestions to help the employee perform their essential duties. The agency will use this list, along with the healthcare provider’s input, to determine if the employee qualifies as a “qualified individual with a disability.”
Once an employee is confirmed as a qualified individual with a disability, the agency’s reasonable accommodation coordiantor will notify both the employee and their supervisor. The agency must then determine and implement an effective and reasonable accommodation within approximately 30 business days (depending on the agency), unless an accommodation has already been made.
Reassignment is considered the last resort. Supervisors should first explore other accommodation options that allow the employee to stay in their current position. Reassignment is only required if:
If an employee is not entitled to reasonable accommodation, they should be informed of the reasons for the decision and advised of the right to appeal or file a discrimination claim with the EEO counselor.