Defense Telecommunications Operator Loses Her Discrimination Claim over Denial of Reasonable Accommodation
The duty to provide reasonable accommodation does not apply to an employee who is unable to perform the essential functions of his or her job, according to a recent EEOC ruling.
As a federal employee you are entitled to a reasonable accommodation if you are suffering from a condition that makes it difficult for you to perform the essential functions of your position.
But an agency of government is not required to accommodate an employee who is unable to perform the essential functions of his or her position, even with the requested accommodation, a recent case has held.
In a case before the Equal Employment Opportunity Commission on Nov 2, 2012, it was ruled that the Department of Defense did not subject an operator to discrimination based on disability or reprisal when it denied her a reasonable accommodation, asked for medical documentation and told her to return to work.
In this case, a telecommunications equipment operator for the Department of Defense claimed the agency had subjected her to discrimination based on her disability and reprisal when it declined to give her a reasonable accommodation.
She suffered from uncontrolled blood pressure. The agency repeatedly requested medical documentation and ordered her back to work.
The EEOC found she was not discriminated against by the agency and she was not a qualified individual with a disability.
Working in a high-pressure environment which was stressful and required the use of a radio, were essential functions of the employee’s condition, the EEOC found.
Her doctor recommended that she be assigned to a day shift schedule, but the night shift that she worked on received the least volume of activity. The EEOC said a day shift would have been a more stressful environment for the employee.
The operator's doctor also said that she could not use a radio. The EEOC pointed out she did not identify a reasonable accommodation that would have permitted her to perform the essential functions of her position.
The EEOC said although the operator asked the Department of Defense to reassign her to a less stressful work environment, she failed to identify a vacant, funded position which would have allowed her to perform the essential functions of her job either with or without reasonable accommodations.
The EEOC also found that it was reasonable for the agency to ask for medical documentation as it attempted to accommodate the employee. The requests for records were only in response to the operator's requests for reasonable accommodation.
The agency said it needed sufficient medical documentation to evaluate the operator’s requested accommodation to determine what accommodation might best serve the needs of the agency and the operator. When the operator and her doctor declined to provide the requested documentation, she was ordered back to full-duty status or to use leave.
ABOUT THE AUTHOR: Eric L. Pines, Esq
Specializing in analysis, training, litigation, and mediation, Mr. Pines focuses on EEO, labor arbitration, MSPB, FLSA (Overtime) and OPM Disability, Disability Discrimination (Rehabilitation Act) for both CSRS and FERS employees. Over the past 16 years he has successfully litigated or settled over 90 EEO and labor arbitrations. Mr. Pines has the passion and expertise to represent disabled federal employees in pursuing violations of the Rehabilitation Act (ADA) and violations of collective bargaining agreements.
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More information about The Law Offices of Eric L. Pines, PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
But an agency of government is not required to accommodate an employee who is unable to perform the essential functions of his or her position, even with the requested accommodation, a recent case has held.
In a case before the Equal Employment Opportunity Commission on Nov 2, 2012, it was ruled that the Department of Defense did not subject an operator to discrimination based on disability or reprisal when it denied her a reasonable accommodation, asked for medical documentation and told her to return to work.
In this case, a telecommunications equipment operator for the Department of Defense claimed the agency had subjected her to discrimination based on her disability and reprisal when it declined to give her a reasonable accommodation.
She suffered from uncontrolled blood pressure. The agency repeatedly requested medical documentation and ordered her back to work.
The EEOC found she was not discriminated against by the agency and she was not a qualified individual with a disability.
Working in a high-pressure environment which was stressful and required the use of a radio, were essential functions of the employee’s condition, the EEOC found.
Her doctor recommended that she be assigned to a day shift schedule, but the night shift that she worked on received the least volume of activity. The EEOC said a day shift would have been a more stressful environment for the employee.
The operator's doctor also said that she could not use a radio. The EEOC pointed out she did not identify a reasonable accommodation that would have permitted her to perform the essential functions of her position.
The EEOC said although the operator asked the Department of Defense to reassign her to a less stressful work environment, she failed to identify a vacant, funded position which would have allowed her to perform the essential functions of her job either with or without reasonable accommodations.
The EEOC also found that it was reasonable for the agency to ask for medical documentation as it attempted to accommodate the employee. The requests for records were only in response to the operator's requests for reasonable accommodation.
The agency said it needed sufficient medical documentation to evaluate the operator’s requested accommodation to determine what accommodation might best serve the needs of the agency and the operator. When the operator and her doctor declined to provide the requested documentation, she was ordered back to full-duty status or to use leave.
ABOUT THE AUTHOR: Eric L. Pines, Esq
Specializing in analysis, training, litigation, and mediation, Mr. Pines focuses on EEO, labor arbitration, MSPB, FLSA (Overtime) and OPM Disability, Disability Discrimination (Rehabilitation Act) for both CSRS and FERS employees. Over the past 16 years he has successfully litigated or settled over 90 EEO and labor arbitrations. Mr. Pines has the passion and expertise to represent disabled federal employees in pursuing violations of the Rehabilitation Act (ADA) and violations of collective bargaining agreements.
Copyright The Law Offices of Eric L. Pines, PLLC
More information about The Law Offices of Eric L. Pines, PLLC
View all articles published by The Law Offices of Eric L. Pines, PLLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
