Federal Employees: Know Your Rights in the Reasonable Accommodation Process
eeo guidance federal employee rights mindful federal employee workplace disability rights Feb 20, 2025Navigating workplace accommodations as a federal employee can be frustrating, especially when agencies delay or dismiss requests. Under 29 CFR § 1630.2(o)(3) and EEOC guidance, federal agencies must engage in an interactive process to determine a reasonable accommodation for employees with disabilities. However, a failure to engage in that process alone isn’t necessarily illegal—there must have been a reasonable accommodation available that was denied due to the agency’s bad faith.
Let’s break this down and ensure you understand how to protect your rights.
What Federal Agencies Are Required to Do
When an employee requests an accommodation, agencies must:
âś… Recognize the request (it doesn’t need to be in any special format).
âś… Actively work with the employee to explore reasonable options.
âś… Make a good faith effort to accommodate if possible.
However, agencies aren’t automatically liable just because they failed to communicate. Courts consider:
- Did the agency know about your disability?
- Did you request an accommodation?
- Did the agency fail to explore solutions in good faith?
- Was a reasonable accommodation possible but denied?
For instance, the EEOC has ruled against agencies that ignored valid requests and instead forced employees onto unpaid leave. But in other cases, agencies were found not liable when employees didn’t provide necessary medical documentation.
How to Protect Yourself in the Process
If your agency delays, ignores, or dismisses your request, take these steps:
đź“Ś Document everything – Save emails, track responses, and follow up in writing.
đź“Ś Be persistent – Keep communication professional but firm.
đź“Ś Know your rights – The law requires your agency to engage in this process actively.
A Resource to Guide You
Understanding and asserting your rights can feel overwhelming, which is why we’ve created a Reasonable Accommodations Video Guide—a step-by-step breakdown of how to file requests, challenge delays, and protect yourself.
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