Reasonable Accommodation Requests: Unexpected Consequences that Could Cost Your Job

Federal employees often navigate their careers based on significant misunderstandings concerning personnel processes. Whether it’s myths about an agency's immediate obligation to produce an Official Personnel Folder (OPF) or the false assurance of selection for every qualified veteran, these misconceptions abound. However, subscribing to these myths, particularly in the context of Reasonable Accommodation (RA) requests, can lead to the ultimate adverse action: loss of employment with very little recourse.

This article is not intended to provide detailed instructions on applying for Reasonable Accommodation. Each circumstance is unique, and agency regulations are highly specific (and in 2025, changing rapidly). Instead, our goal is to help employees avoid risking their jobs by better understanding the implications and unexpected consequences of their actions during the RA process.

Understanding the Baseline Obligation

Title 29 CFR 1630.9 provides that a federal agency must reasonably accommodate known physical or mental limitations of otherwise qualified applicants or employees with a disability, unless it can show such accommodation would impose an undue hardship on its operations.

While the language seems straightforward, both its interpretation and application are incredibly nuanced. Furthermore, individual agency processes concerning the adjudication of RA requests can vary widely.

A crucial point to remember: Individuals with disabilities are not always entitled to reasonable accommodation, despite what they may believe. The Rehabilitation Act only requires that agencies reasonably accommodate those individuals who are already "qualified" for the positions they hold.

When "Reasonable" Accommodation is Not Reasonable

As practitioners, we frequently see attempts by employees to seek reassignment or otherwise change their conditions of employment by applying for RA when they don't actually require an accommodation to perform the essential functionsof their job.

Some employees mistakenly believe they can use the RA process to:

• Work from home (telework) when it is not otherwise approved.

• Change workgroups or supervisors.

• Change tours of duty that would not otherwise be changed.

• Even obtain a promotion (which is generally not considered an RA).

They operate under the myth that if they simply get "appropriate medical documentation" from their doctor, the agency is obligated to make the changes they want. This is very far from reality.

The Interactive Process and Proving Effectiveness

Assuming the petitioning employee meets the definition of a "qualified individual with a disability" under the Americans with Disabilities Amendments Act (ADAAA) (2009), the next step is the "interactive process."

Title 29 CFR 1630.2(o)(3) mandates that the employee and agency engage in an informal and flexible interactive process to identify the precise limitations of the individual and what accommodations could overcome those limitations.

Accommodations can include, but are not limited to: job restructuring, modified work schedules, modified equipment, provision of readers/interpreters, and telework.

Key Requirement: To be entitled to a requested accommodation, the employee must demonstrate it would be both reasonable and effective to help the employee perform the essential functions of the position. (Rose v. U.S. Postal Service, EEOC No. 01A45063 (EEOC OFO 2005)).

The Most Significant Unexpected Consequence

This is where the real risk lies.

We have seen cases where employees, attempting to justify an accommodation (like permanent telework or a change in duty), submit medical information that essentially establishes a position in which they demonstrate they are unable to perform their current job, or any available job, at all.

For example, an employee might submit medical documentation that includes a diagnosis of homicidal and/or suicidal ideation or other severe mental health conditions that make them a direct threat to themselves or others in the workplace.

In such a case, there may be simply no possible Reasonable Accommodation the agency can make. In fact, the agency is likely to immediately remove the employee from the premises and initiate a proposed removal from federal service.

Voluntarily submitting medical evidence that proves you cannot perform the essential functions of your job, even with accommodation, is the fastest way to lose it.

Summation and Next Steps in Reasonable Accommodation Requests

Requesting Reasonable Accommodation does not protect your employment. It simply provides you an opportunity to seek a reasonable accommodation in some capacity to continue working. However, the emphasis is on the word reasonable, and the perspective is from that of the agency, not the requestor.

The Reasonable Accommodation process is complex and the consequences of mismanaging it can be severe and career-ending. If you are engaging in the Reasonable Accommodation process, we strongly recommend you seek appropriate consultation before submitting documentation that could inadvertently be used as evidence for your removal.

How InformedFED.com Can Help

The complexities and potential adverse outcomes associated with Reasonable Accommodation requests underscore the necessity of expert guidance. Our consultants at InformedFED offer specialized services designed to help federal employees navigate this crucial process effectively and safely.

We provide consulting and transactional support tailored to your unique circumstances, including:

• Initial Consultation and Assessment: Evaluating your specific facts and circumstances before you formally file an RA request to determine its viability and sustainability.

• Medical Evidence Review: Analyzing your medical evidence to ensure it meets the administrative sufficiency requirements without inadvertently establishing a case for your inability to perform your job.

• Request Preparation and Filing: Assisting with the formal written request, ensuring it clearly articulates your limitations and proposes effective, reasonable accommodations.

• Responding to Agency Inquiries: Crafting formal written responses to agency requests for additional information or clarification during the interactive process.

• Appeals and Reconsideration: Preparing written informal and formal Equal Employment Opportunity (EEO) appeals in connection with denials of Reasonable Accommodation.

Our goal is to assist you in securing the reasonable accommodation you need to continue working without providing the agency with grounds for adverse action.