Veterans Affairs To Attempt Wide-Scale Reasonable Accommodation Denials?

BULLETIN

InformedFED recently reviewed documentation that strongly suggests the Department of Veterans Affairs is preparing to deny Reasonable Accommodation requests en masse for those who requested any form of remote work as an accommodation since trump took office. Many of these Reasonable Accommodation requests have been pending for longer than seven months, during which the Department took no action.

We are observing similar patterns emerging in clients across other federal agencies.

Specific VA Actions at Issue:

• The Department began sending out notices via agency email to employees that requested Reasonable Accommodation during the past year. The email claimed the employees failed to properly apply for RA claiming medical documentation was never submitted, when in fact medical documentation was submitted in the cases we reviewed and even evidenced by agency emails.

  • Employees were given twenty-calendar days to submit the medical information or the RA request would be closed.

  • The Agency falsely claimed it was granting a "one time" exemption because the employees failed to properly apply for RA.

  • The agency email falsely claimed the employees who requested Reasonable Accommodation failed to submit supporting medical within the required 40 calendar day requirement.

• The Department established an "RTO Team" that will review the RA application prior to forwarding the RA request to the Deciding Management Official (DMO). This is a new layer of review reportedly created to obstruct remote work and force the affected employee to "return to the office" prior to making a recommendation to the Deciding Management Official.

Recommendation if You Receive a Similar E-mail

If you're in a similar situation to our clients, there are several factors you should consider.

• Ensure you keep accurate records (evidence) of submissions to, and replies from, the agency.

  • You may have an actionable EEOC complaint if the agency violates or delays the accepted process for Reasonable Accommodation.

  • In the event the agency denies your request, you will in fact have an actionable EEOC complaint.

• If you've submitted a completed RA application and the agency claims you haven't, promptly respond to their email and provide evidence proving your submission of the missing documents. Also include (again) the requested information.

  • When you write the email, imagine you are writing to a judge. Consider what you would want the judge to know about the situation. Provide a brief recap of the history of your RA request and clearly assert you previously complied with the application process.

• Reasonable Accommodation Denial: If the agency denies your RA request, immediately seek reconsideration within the prescribed time frame (your agency should clearly notify you in writing of the reconsideration process).

  • If the outcome is not what you were seeking, and you unable to physically return to the office, consider the following:

    • File for FERS disability retirement.

    • File an EEOC complaint.

    • File an MSPB appeal.

    • Both actions can be filed concurrently as they are not mutually exclusive.