Accommodating Employees with Disabilities

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Introduction

An agency must reasonably accommodate the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless it can show the accommodation would impose an undue hardship on its operations. 29 CFR 1630.9. Although federal employees are protected by the Rehabilitation Act of 1973, the standards applied are the same as those applied under the Americans with Disabilities Act of 1990. 29 CFR 1614.203(b).

Because employment law relating to individuals with disabilities can be complicated, it's important for managers to address the issues surrounding reasonable accommodation in a logical manner. This Checklist Plus+ allows you to guide managers through a step-by-step approach when they consider a request for reasonable accommodation.

The speed of the accommodation process depends on the circumstances of the case. A simple and obvious accommodation that requires no equipment, planning or cost should be available to an individual with a disability soon after it is requested. With regard to more complex accommodations, the key is diligence.

If an agency works with good faith and perseverance to achieve reasonable accommodation within a reasonable period of time, it should avoid a finding of liability for disability discrimination. An agency that drags its feet and makes only half-hearted attempts to achieve reasonable accommodation could be found liable for disability discrimination, including an award of compensatory damages, which could be quite high, depending on the complainant's evidence of pain and emotional distress.