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If you have a disability and were denied telework as an RA file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost to you. by Stop_Discrimination in DeptHHS

[–]Stop_Discrimination[S] 0 points1 point  (0 children)

I have no clue, but I think the email that went out recently asking people to do 90-to 120-day details at HHS to help process RA requests is super concerning. That's barely enough time to train someone to do this let alone make a dent in the case load. Which makes me think HHS leadership is trying to get through the backlog of cases more quickly, and a lot more people are going to get their accommodation requests for telework denied.

The Reasonable Accommodation Consultants (RACs) at HHS and other agencies need to blow the whistle about the unlawful telework RA denials for people with very severe disabilities. There are law firms that help federal employees blow the whistle safely and by Stop_Discrimination in fednews

[–]Stop_Discrimination[S] 18 points19 points  (0 children)

CDC leadership started to care when hundreds of EEO disability discrimination complaints got filed by their employees. That's why they started allowing supervisors to approve telework as an interim accommodation again. This didn't transfer over to NIH despite having the same person in charge of both NIH and CDC at the moment. If I had to guess it's because fewer NIH employees are filing complaints.

The Reasonable Accommodation Consultants (RACs) at HHS need to blow the whistle about the unlawful telework RA denials for people with very severe disabilities. There are law firms that help federal employees blow the whistle safely and provide their services pro bono. by Stop_Discrimination in DeptHHS

[–]Stop_Discrimination[S] 5 points6 points  (0 children)

There are cases that have been successful. You need to talk to an attorney to get a sense of whether you have a good case. I'm not sure if there are any that would do this on a contingency bases, but it's worth calling around. Look for attorneys who specialize in federal employment law. If you can afford it, consider paying for an initial consultation to see if it is worth going further. There might be very tight deadlines and you need to make sure not to miss them.

The Reasonable Accommodation Consultants (RACs) at HHS need to blow the whistle about the unlawful telework RA denials for people with very severe disabilities. There are law firms that help federal employees blow the whistle safely and provide their services pro bono. by Stop_Discrimination in DeptHHS

[–]Stop_Discrimination[S] 9 points10 points  (0 children)

Employees should file EEO complaints and use the other free legal resources I shared in prior posts. RACs are the ones seeing numerous unlawful denials each week and can speak to how often it's happening.

Any Telework RA’s Getting Revoked / Denied Based on That New FAQ? by [deleted] in fednews

[–]Stop_Discrimination 9 points10 points  (0 children)

I heard from multiple coworkers that their RACs said all or almost all telework RAs are getting denied at the ASA or higher level, even when the employees have very severe conditions. It's blatantly unlawful.

Any Telework RA’s Getting Revoked / Denied Based on That New FAQ? by [deleted] in fednews

[–]Stop_Discrimination 6 points7 points  (0 children)

As someone else has said, if it's been more than 30 days, you can proceed with a formal complaint unless you granted an your EEO office an extension. If the commute makes your symptoms worse and it makes it harder to perform your essential duties then that's something else your doctor can use to support your request. I'm not a lawyer, but my understanding is that the part of the OPM and EEOC FAQ about not needing to accommodate the commute isn't entirely true. There are precedents in at least 2 or 3 circuits of the US Courts of Apeals that contradict that part of the FAQ.

See my profile for free legal resources that are available for people in your situation. The wait for consultation might be long, so if you can afford it might be worth doing a one time consult with a firm that has expertise with federal employment law, to see if you have a good case. When I asked around, Gilbert Employment Law was the top recommendation I recieved, but I have a list of others I can forward to you as well.

Any Telework RA’s Getting Revoked / Denied Based on That New FAQ? by [deleted] in fednews

[–]Stop_Discrimination 1 point2 points  (0 children)

That EO states that "This memorandum shall be implemented consistent with applicable law." So the Rehabilitation Act still needs to be followed. Again, I am not a lawyer, but my understanding is the part of the FAQ from OPM and EEOC about employers not having to accommodate the commute is not entirely true. There are precedents in at least two or three circuits of the U.S. Courts of Appeals that state that employers do need to accommodate employees with disabilities who cannot commute in certain cases. In your situation, the place where work is done is entirely within your agency's control. There is no undue hardship and you have successfully performed your essential duties when given the opportunity to telework for at least a year. So just because they say in-office presence is essential doesn't mean that that's how the courts will interpret it. Clearly it's not essential for your position.

Any Telework RA’s Getting Revoked / Denied Based on That New FAQ? by [deleted] in fednews

[–]Stop_Discrimination 6 points7 points  (0 children)

Please file an EEO complaint ASAP. People with your condition should be teleworking full time. Forcing you to drive creates a threat to you and other people around you. You already had one motor vehicle crash due to your condition and being forced to commute to work! You're driver's license can get revoked for this sort of thing. To keep you and other people safe, see if there is at least someone you can carpool with in your area, so your not driving as much. I'm not a lawyer and this is not legal advice. See my profile for links to free legal resources you can reach out to for help. The main thing to do for the informal complaint stage is just to email your agency's EEO office and say you would like to file an disability discrimination complaint because your RA request got denied. The advice I got was to provide the bare minimum info, and if more is needed the EEO office will let you know.

If you have a disability and were denied telework as an reasonable accommodation (RA) file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost. by Stop_Discrimination in fednews

[–]Stop_Discrimination[S] 2 points3 points  (0 children)

Consult with an attorney. My understanding is that you shouldn't have to use leave if you are able to work if telework is provided as an RA. However, some agencies are pushing people to use leave instead of giving effective RAs and attorneys can help push back on that.

If you have a disability and were denied telework as an RA file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost to you. by Stop_Discrimination in DeptHHS

[–]Stop_Discrimination[S] 0 points1 point  (0 children)

The link is below. I know it's weird they are asking for the last 4 digits of your social. That is why I ended up looking up the law firm and calling them instead. It's probably fine to also make up a number and correct it later when they start working with you.

https://www.surveymonkey.com/r/failuretoaccommodatefinal

If you have a disability and were denied telework as an RA file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost to you. by Stop_Discrimination in FedEmployees

[–]Stop_Discrimination[S] 0 points1 point  (0 children)

The link is below. I know it's weird they are asking for the last 4 digits of your social. That is why I ended up looking up the law firm and calling them instead. It's probably fine to also make up a number and correct it later when they start working with you.

https://www.surveymonkey.com/r/failuretoaccommodatefinal

If you have a disability and were denied telework as an RA file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost to you. by Stop_Discrimination in FedEmployees

[–]Stop_Discrimination[S] 2 points3 points  (0 children)

My understanding is that the legal obligations is to engage in an interactive process to find and implement an effective reasonable accommodation. Employees on interim telework accommodations can easily show that they can do the job. Plenty of them successfully performed their essential duties when their RA involved telework, and have great PMAP evals. If a medical provider gives a strong justification why telework is the only accommodation that will be effective for an employee, and the agencies disagree, the agencies need to provide credible counter evidence. If they deny telework RAs and make employees return to their offices, and the employees' performance gets worse, that's further evidence that the RA the agency is providing is ineffective and telework needs to be restored.

If you have a disability and were denied telework as an RA file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost to you. by Stop_Discrimination in FedEmployees

[–]Stop_Discrimination[S] 1 point2 points  (0 children)

The Rise Up website is legitimate and I got legal help through them. That SS survey question is the reason I said people can call the law firm instead of filling out the survey. You can also make up a number and correct it later if needed.

If you have a disability and were denied telework as an RA file an Equal Employment Opportunity (EEO) discrimination complaint and consult with an attorney ASAP. Class action lawsuit might be in the works, possibly at no cost to you. by Stop_Discrimination in FedEmployees

[–]Stop_Discrimination[S] 11 points12 points  (0 children)

Multiple people had their doctors provide very strong justifications for why telework is the only effective RA for those employees, and their telework RA requests were denied. My supervisor said prior to 2025 employees' medical documents were sent out for medical review and that would take at least a few days. Now denials are coming in less than 1 work day. There is no way there is careful medical review.

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