Federal Worker Claiming Employer Failed to Make a Reasonable Accommodation Must Have Requested One, Case Finds
January 23, 2013 By The Law Offices of Eric L. Pines, PLLC
The failure of an employer to make a reasonable accommodation is a form of prohibited discrimination under the Rehabilitation Act.
But a federal worker must have requested an accommodation for an employer’s duty to accommodate to take effect, a recent court case states.
The case in question involving a postal worker was heard in the U.S. District Court, Eastern District of Missouri on January 14, 2012.
The court heard the defendant's motion to dismiss a claim made by the former postal worker that the U.S. Postal Service failed to make reasonable accommodation for his disability.
The worker was hired in 1998 by the United States Postal Service as a letter carrier. Cerebral palsy and scoliosis, meant his right leg is shorter and weaker than his left one and for a number of years he used a cane on his mail route.
The arrangement seemed to work well for many years until on September 18, 2009, his supervisor told him that his use of a cane was a safety hazard and "put him off the clock."
The court heard the supervisor urged the letter carrier to apply for disability retirement and also suggested he could work as a janitor. He was not allowed to return to his mail route and his supervisor placed him on light duty.
If your employer offers you light duty, limited duty or an informal arrangement such as a makeshift position, this may not be considered reasonable accommodation under the law that enables the performance of the “duties” of the position.
The former postal worker alleged his supervisor’s actions violated the Rehabilitation Act of 1973. After he exhausted his administrative remedies, he filed suit alleging disability discrimination and a failure to accommodate on behalf of the Postal Service.
The Postal Service sought to dismiss his complaint stating he failed to request a reasonable accommodation.
Although the judge suggested the postal worker had a good case the issue, according to the record of the hearing, was “not whether the plaintiff will ultimately prevail, but whether the plaintiff is entitled to present evidence in support of his claim.”
Employers must modify their work requirements to enable disabled individuals to have the same opportunities as workers who are not disabled.
However, to impose this duty, the employee must request accommodation for his or her disability. The court ruled the employer has no duty to accommodate if the employee fails to make a request for accommodation, as was the case with the letter carrier from Missouri.
The court granted the Postal Service’s motion to dismiss the worker’s complaint based on an alleged failure to accommodate.
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
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.
The case in question involving a postal worker was heard in the U.S. District Court, Eastern District of Missouri on January 14, 2012.
The court heard the defendant's motion to dismiss a claim made by the former postal worker that the U.S. Postal Service failed to make reasonable accommodation for his disability.
The worker was hired in 1998 by the United States Postal Service as a letter carrier. Cerebral palsy and scoliosis, meant his right leg is shorter and weaker than his left one and for a number of years he used a cane on his mail route.
The arrangement seemed to work well for many years until on September 18, 2009, his supervisor told him that his use of a cane was a safety hazard and "put him off the clock."
The court heard the supervisor urged the letter carrier to apply for disability retirement and also suggested he could work as a janitor. He was not allowed to return to his mail route and his supervisor placed him on light duty.
If your employer offers you light duty, limited duty or an informal arrangement such as a makeshift position, this may not be considered reasonable accommodation under the law that enables the performance of the “duties” of the position.
The former postal worker alleged his supervisor’s actions violated the Rehabilitation Act of 1973. After he exhausted his administrative remedies, he filed suit alleging disability discrimination and a failure to accommodate on behalf of the Postal Service.
The Postal Service sought to dismiss his complaint stating he failed to request a reasonable accommodation.
Although the judge suggested the postal worker had a good case the issue, according to the record of the hearing, was “not whether the plaintiff will ultimately prevail, but whether the plaintiff is entitled to present evidence in support of his claim.”
Employers must modify their work requirements to enable disabled individuals to have the same opportunities as workers who are not disabled.
However, to impose this duty, the employee must request accommodation for his or her disability. The court ruled the employer has no duty to accommodate if the employee fails to make a request for accommodation, as was the case with the letter carrier from Missouri.
The court granted the Postal Service’s motion to dismiss the worker’s complaint based on an alleged failure to accommodate.
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.
