The VA Rescinded Disabled Veterans' Telework ā€” Then Called the Backlash "Absurd"
The Department of Veterans Affairs is rescinding telework accommodations for disabled veterans on its own payroll — and telling at least one employee that his 150-mile daily commute simply is not the agency's problem.
The VA employs roughly 105,000 veterans, about a quarter of its total workforce. Several of them say the agency has spent recent months reviewing disability-related telework arrangements one file at a time, and denying or rescinding them.
What the VA Changed
Under the Rehabilitation Act of 1973, federal agencies must provide reasonable accommodations to employees with qualifying disabilities, unless doing so would create an undue hardship. Telework has long been one of the accommodations available to VA employees with mobility, neurological, or other qualifying impairments.
According to affected employees, the VA has begun taking the position that an employee's commute falls outside the scope of accommodation obligations. In a written response to one employee, the agency stated that “an employee's commute to and from the worksite is generally considered outside the scope of the position's essential functions; therefore, the agency is not responsible for providing accommodations related to commuting.”
Two Veterans, Two Denials
Kevin Price, a medically retired Army veteran, sustained leg injuries in a helicopter landing. He had telework as an accommodation and, with his supervisor's written approval, relocated his family three hours from his duty station. In February, the VA rescinded that accommodation. His new commute is 150 miles each way, five days a week. “I guess they fully expect me to quit or lose the job,” Price said.
Daniel Solee, a Navy veteran with PTSD and a traumatic brain injury, had his telework accommodation pulled and was subsequently fired for not reporting in person to a position his own paperwork said he did not need to report to in person. Solee appealed to the Merit Systems Protection Board and won reinstatement with back pay. The VA's proposed resolution: two telework days per pay period, out of ten — 20 percent of what he had before. Solee is currently carried as AWOL and receiving half pay.
Galen Wheless, an AFGE representative handling roughly 150 similar cases, said flatly: “There's a joke within the VA that the VA supports disabled veterans, unless you work for the VA.”
What the Law Actually Says
Attorney Cheri Cannon, commenting on the underlying legal question, noted that “driving is a life activity covered under the statute” — meaning a categorical carve-out for commuting sits on uncertain legal ground under the Rehabilitation Act. Accommodation determinations are fact-specific and made case by case, but a blanket “commute” exemption used to deny disability-related telework raises real compliance questions for the agency.
A VA spokesperson described the criticism of these decisions as “absurd.”
What This Means for Affected Employees
If your telework accommodation was recently reduced, denied, or rescinded — particularly if the stated reason involves your commute rather than your disability or your job duties — the documentation matters. Keep every accommodation request, every denial, and every communication that discusses your commute rather than your medical condition. These records are often central to a Rehabilitation Act claim or an MSPB appeal.
If you believe your agency has denied a legitimate disability accommodation, Southworth PC represents federal employees nationwide in exactly these cases, and offers free consultations.
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.