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NTEU Sues Treasury and HHS Over Thousands of Stalled Accommodation Requests

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Federal employees waiting on disability accommodation requests at the IRS, HHS, or CDC just got some backing. On Monday, the National Treasury Employees Union sued the Treasury Department and the Department of Health and Human Services in federal court, alleging both agencies simply stopped processing accommodation requests.

What the Lawsuit Alleges

According to the complaint, the backlog is severe:

  • A May 2025 internal Treasury memo counted more than 6,500 pending accommodation requests, most from the IRS
  • HHS is sitting on roughly 9,000 pending requests, a six-to-nine-month backlog
  • At the IRS, every telework accommodation request must now clear one of seven senior leaders, and the union says IRS managers announced a blanket policy to deny every telework request

Why This Matters Legally

Under the Rehabilitation Act, an agency cannot simply ignore an accommodation request — it owes each employee an individualized decision. EEOC guidance treats an unreasonable delay as functionally equivalent to a denial. A blanket “deny everyone” policy is the opposite of the individualized review the law requires, and the same is true of canceling accommodations employees already had in place. These situations are fact-specific, and every case needs to be evaluated on its own facts.

What the Lawsuit Does — and Doesn’t — Do For You

This is a system-wide union lawsuit. It does not file an individual employee’s EEO claim, and it does not protect any individual’s personal deadline. Federal employees who have burned through leave, been marked absent, or left a job because HR went silent on an accommodation request have real, independent options — separate from this case.

Practical Takeaway

The window to start the EEO process can be as short as 45 days, and it runs through the EEOC complaint process, not through this union lawsuit. Federal employees whose accommodation requests are stuck should:

  • Document every request, every date, and every denial or non-response
  • Preserve records showing how long the request has been pending
  • Understand that the 45-day EEO clock is separate from any union litigation

Get Help

Accommodation cases are among the strongest matters federal employment attorneys handle. If your accommodation request has been ignored, delayed, or denied without an individualized review, the attorneys for federal employees at Southworth PC offer free 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. 

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