Denied a Reasonable Accommodation?
- InformedFED Chief
- 3 hours ago
- 6 min read
Federal employees with disabilities rely on reasonable accommodations to do their jobs safely and effectively. Reasonable Accommodation has worked for the federal government, and typically resulted in significant cost savings to the taxpayer. By law, federal agencies are required to review and seriously and impartially consider these requests. But what happens when management says "no"?
A denial can be incredibly stressful. You might be left wondering if your agency broke the rules, how you will keep doing your job, and what options you have left. Understanding when an agency is allowed to deny an accommodation—and what steps you can take when they get it wrong—is the first step to protecting your rights and your federal career. This is particularly important during a tumultuous period for federal employees when agencies are either directly and knowingly violating the law, or otherwise working to change the law to disfavor affected employees.
What Is a Reasonable Accommodation?
A reasonable accommodation is simply a change to your work environment or your usual job duties that helps you do your job despite a medical condition.
Under the Rehabilitation Act of 1973 (29 U.S.C. § 791) and Equal Employment Opportunity Commission (EEOC) rules, federal agencies must provide these changes to qualified employees. Common examples include:
Changes to your work schedule.
Approval for telework or remote work (they are technically not the same thing.
Getting specialized equipment or an adjusted workspace.
Removing minor, non-essential duties from your job description.
The law requires your agency to work with you in good faith. This is called the "interactive process." It simply means that you and your agency must talk back and forth in good faith to find a solution that works.
New 2026 EEOC and OPM Guidance on Telework
If you rely on telework (or remote work) for a medical condition, the rules have recently tightened and there is a potential for a major case shift to current case law. In February 2026, the EEOC and the Office of Personnel Management (OPM) released new joint guidance directly addressing telework (and remote) accommodations in the federal government.
With a strong push from the politically motivated (Project 2025) Trump administration to mandate that all federal employees return to the office, agencies are now implementing stricter guidelines for remote work. These new guidelines are arguably unnecessary and their application has been inconsistent and often arbitrary, potentially violating the law. Our contacts and former colleagues, who are attorneys at a number of federal agencies, have expressed significant concern about the potential legal violations associated with the denial or revocation of Reasonable Accommodation requests. This concern is one of the reasons new regulations and agency processes have taken so long to develop.
Here is what this new guidance means for you:
Reviewing Old Agreements: If you already have a telework accommodation, your agency is now encouraged to re-evaluate it. You are not automatically guaranteed to keep working from home forever.
In-Office Preference: If there are two ways to accommodate your disability—one that lets you work from home, and one that keeps you in the office—the agency is legally allowed to choose the in-office option.
Stricter Medical Proof: Agencies can ask for updated medical records. They can even ask your doctor if there are medications, treatments, or ways you can manage your symptoms so that you can physically come into the building.
Change in Commuting Considerations: In recent case law, the EEOC has specifically addressed the issue of reasonable accommodation requests related to commuting. While much of the previous case law favored the employee, there is a real possibility this will change.
Outside Evidence: The new rules specifically allow agencies to look at outside evidence—like your public social media posts—to see if your daily activities contradict what you claim you cannot do at work. While normally not an issue for valid RA requests, there is significant potential for agencies to misinterpret the evidence to trigger revocation of the approved reasonable accommodation. Expect the agency to actively or passively monitor your social media.
Because of this new guidance based on political ideology, agencies are looking for reasons to force employees to the physical workplace, regardless of the proven additional costs to taxpayers or the proven reduction in efficiencies. Agencies have openly opined they do not care about potential loss in manpower, higher associated costs to the taxpayer, or whether they can backfill your position. Having solid, highly specific medical documentation from your doctor is more important than ever. Additionally, all employees should collect and catalog documentation and evidence throughout the entire application process in anticipation of the need to file an EEO complaint.
When Can a Federal Agency Deny Your Request?
An agency is legally allowed to deny a request, but only in a few specific situations, at least in theory. For example, "undue hardship" or the requested accomoodation does not permit you to perform the essential functions of your position. However, this is a complicated aspect of discussion concerning reasoning behind agency denials that is outside the scope of this article.
An agency cannot deny your request just because it is inconvenient, annoying to management, or because they "have never done it that way before." Under federal regulations (29 C.F.R. § 1614.203), a denial must be backed by solid, job-related facts, not assumptions about your disability.
Note on Anxiety Versus Workplace Access: Recent joint OPM/EEOC joint guidance now interprets that the law does not provide a right to be "free from all discomfort" (like general workplace anxiety). You now must show that the condition creates a material barrier to doing your job. We note this as we have a number of clients dealing with this issue.
How Agencies Get It Wrong: Improper Denials
Many times, a denial happens because the agency completely failed to follow the rules. Some of the most common mistakes include:
The Silent Treatment: The agency takes months to reply, or ignores your medical documentation. Under the law, extreme delays can be legally treated as a denial, even if the agency claims "administrative error".
No Alternatives Offered: If your agency cannot give you exactly what you asked for, they are supposed to offer a different solution. Flat-out rejecting you without offering an alternative is a red flag.
Failure to Provide an Interim Accommodation: Pending final adjudication of your RA request, the agency should grant an interim accommodation absent unusual circumstances.
Blanket Rules: Agencies often deny telework or schedule changes by claiming "company policy," without actually looking at whether it would work for your specific job.
Denied Reasonable Accommodation? Next Steps
If management denies your request, you need to act quickly to protect your job.
Get It In Writing: Keep copies of your original request, your doctor’s notes, and the agency’s denial letter.
Request Reconsideration: You have the right to ask the agency to look at the decision again, especially if they refused to talk to you about alternative options.
File an EEO Complaint: If you believe the denial was unfair or discriminatory, you can file an Equal Employment Opportunity (EEO) complaint. Warning: You only have 45 days from the date of the denial to contact an EEO counselor. Do not miss this deadline.
Separation for "Medical Inability"
When an agency denies your accommodation, they may argue that you are no longer "qualified" for your position because you cannot perform its "essential functions." If your medical condition prevents you from working in the office and the agency refuses to let you telework, they may initiate a Separation for Medical Inability to Perform.
Under 5 C.F.R. Part 752, this is a non-disciplinary removal. While it isn't "for cause" like misconduct, the result is the same: you lose your job. However, a medical separation opens a specific legal door, known as the "Bruner Presumption", that can help you secure your financial future through FERS Disability Retirement.
What is the Bruner Presumption?
If you are a FERS employee and your agency removes you for medical inability, you gain a massive legal advantage known as the Bruner Presumption (based on the landmark case Bruner v. Office of Personnel Management).
How it Works:
Shifting the Burden: Normally, when you apply for disability retirement, the burden is on you to prove to OPM that you are disabled.
The "Jumpstart": If your agency fires you because you are medically unable to work, the law presumes you are disabled and thus you immediately meet the initial burden. The burden then shifts to OPM to prove that you are not disabled.
Prima Facie Evidence: Your removal notice serves as "prima facie" (on its face) evidence that you meet the requirements for FERS Disability Retirement. Of course, you should still ensure you have sufficient supporting medical documentation.
Note: The Bruner Presumption is a significant advantage, but it is not a guarantee. OPM can still deny your claim if they produce enough countervailing medical evidence to show you can still perform your duties or if a suitable vacant position was available that you declined. While arguably unlikely in our experience, employees should be prepared nevertheless.
How InformedFED Can Help
Federal personnel administration is incredibly complicated, and federal agencies rely on the fact that most employees do not know the rules. If your reasonable accommodation was denied, and your agency has refused to reconsider, you do not have to fight them alone.
At InformedFED, our consultants deliver a minimum of 35 years of specialized experience each in federal personnel law—including deep expertise in Title 5, Title 38, and issues unique to federal law enforcement officers. We know how to take the government's complicated legal jargon and turn it into a clear, actionable plan for you.
Don’t face the agency alone. Whether you are under investigation, facing a suspension, or dealing with a hostile work environment, we translate complex federal law, regulation, and procedure into an actionable plan for your career. Book a free consultation now.