The Labor Department Wants AI to Triage Disability Accommodation Requests
A reasonable accommodation request should be answered by a person who understands your job and your limitations. At the Department of Labor, nearly a thousand employees are waiting on disability accommodations — some for more than a year, according to their union — and an internal memo obtained by Government Executive describes artificial intelligence as part of the fix. DOL enforces workplace law for the country, so if AI triage takes hold there, other agencies are likely to follow.
What the Memo Describes
Accommodation requests surged after return-to-office orders. One combat veteran asked in January for help managing depression and anxiety and is reportedly still waiting. The memo describes AI that could triage requests by complexity and documentation, message requesters automatically, and even assess whether an accommodation is “effective for the documented functional limitation.”
The Interactive Process Is Supposed to Be Individualized
Federal agencies’ accommodation obligations come from the Rehabilitation Act, 29 U.S.C. § 791, and the governing regulations call for an individualized assessment. The EEOC’s regulation at 29 C.F.R. § 1630.2(o)(3) describes an informal, interactive process between the employer and the individual to identify limitations and possible accommodations. Interactive means a conversation about your actual job and what would actually work. A prediction generated from your paperwork is not that conversation.
Who Actually Decides
A former federal accommodation specialist described the accountability gap precisely: “the human is grading the algorithm’s homework.” If a system sorted the request, flagged the documents, and suggested the outcome, a human signature at the end does not settle who made the decision. The follow-on questions are fair ones for any agency to answer: who wrote the prompt, what it directed the system to weigh, and whether an employee can ever see it.
Delay Can Itself Be Treated as a Denial
Accommodation cases turn on their own facts, so nothing here is a categorical rule. But under EEOC guidance, an unreasonable delay in processing a request can itself be treated as a denial. If your request has been pending for months with no decision, you may already have something to raise — without a denial letter in hand.
What to Document While You Wait
- The date you filed and the specific accommodation you requested.
- Every piece of medical documentation you provided, and the date you provided it.
- Every follow-up you sent and every response you received, including automated messages.
- Any interim accommodation offered, and whether it actually worked.
Keep the EEO clock in view as well. Under 29 C.F.R. § 1614.105(a)(1), a federal employee generally must contact an EEO counselor within 45 days of the matter alleged to be discriminatory.
An Accommodation Is Not a Favor
It is a legal right. A year of waiting does not make your request unreasonable, and it does not make you difficult. It means the process failed to do what the law asks of it. If your request has been sitting without an answer, the federal employment attorneys at Southworth PC offer free, confidential consultations and represent federal employees nationwide.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.