Workplace Accommodations
Federal agencies are required to make accommodations for employees and applicants with a medical disability and employees and applicants with a sincerely held religious belief that conflicts with the work environment. These accommodations ensure a fair and inclusive work environment, provide more job opportunities to individuals who might otherwise be excluded, and expand the pool of qualified workers across the government.
Given new policy and case law changes in this area, it is beneficial to reach out to an experienced attorney early when navigating the accommodation process. Contact me in advance and I can ensure you are prepared and your request is presented well to your agency. Additionally, I can provide legal advice and guidance in the event you have an accommodation request denied or a previously approved accommodation rescinded. Together, we can explore the best possible recourse. You can also learn more about workplace accommodations in the question-and-answer section below and by visiting the Tyler Employment Law blog.
Questions & Answers with Emily
What types of accommodations can a federal employee request?
Federal employees and applicants for federal employment may request reasonable accommodations or religious accommodations.
Reasonable accommodation: A reasonable accommodation is a workplace modification that allow employees or applicants with a disability to perform the essential functions of their position. Accommodations can come in many different forms. For example, they could include work schedule modifications, assistive technology, extended leave, modified work tasks, workspace modifications or relocation, telework, or remote work. When requesting a reasonable accommodation, it is important to articulate how the accommodation will enable you to perform the essential functions of your position.
Religious accommodation: A religious accommodation is an adjustment to the work environment that allows an employee to comply with their religious beliefs while also performing the essential functions of their position. Again, accommodations can come in many different forms. For example, they could include schedule changes to accommodate religious obligations or relaxing dress or grooming policies.
Who can request an accommodation?
For a reasonable accommodation, a federal employee or applicant for federal employment that is a “qualified individual with a disability” may request an accommodation. A person with a disability is "qualified" if they have the skills, experience, education, and other requirements of the job and they can perform the essential functions of the job with or without a reasonable accommodation.
For a religious accommodation, a federal employee or applicant for federal employment with a sincerely held religious belief may request an accommodation.
Does the agency have to provide my requested accommodation?
No, but the agency would need to demonstrate that the accommodation would cause an undue hardship for the agency. It cannot deny a request for a minor inconvenience or a coworker’s objections, fears, or prejudices.
For reasonable accommodations, the agency would need to demonstrate that the requested accommodation would cause a significant difficulty or expense, which may be determined by looking at the nature and cost of the accommodation requested, financial resources of the employer, and impact to operations.
For religious accommodations, the agency would need to demonstrate that the requested accommodation would result in substantial increased costs in relation to the conduct of its particular business. This is a relatively new standard, established by a 2023 Supreme Court decision (Groff vs. DeJoy). Prior to this decision, it was much easier for agencies to deny religious accommodation requests.
It is also important to know that the agency does not necessarily have to grant your preferred accommodation. It might be the case that an alternative accommodation would be effective. If multiple effective accommodations exist, your agency might choose an alternative that is less burdensome for them. The agency should discuss options with you during the accommodation process.
Can I still request telework or remote work as an accommodation after the January 2025 return to office directive?
Yes. An agency-wide (or even government-wide) policy on telework and remote work alone is not a valid reason to deny a request for a reasonable or religious accommodation. The accommodation process is an exception to policy process. Each request must be looked at individually and the agency is required to engage in an interactive process with you to consider your requested accommodation (telework, remote work, or any other workplace flexibility).
How do I request an accommodation?
You can request an accommodation from your supervisor. Employees are not required to submit their accommodation request in writing, and there are no specific words that are required to request an accommodation. Once a supervisor is notified of the need for an accommodation, they must consider the request. However, submitting requests in writing is common and advisable to ensure the request is clearly presented to management.
What do I do if my agency has denied my request for accommodation?
An attorney with experience in federal employment law can assist you in determining your best course of action. It might be the case that you can file an EEO complaint for discrimination based on disability or religion. (Review the following section for additional information on EEO complaints: EEO Complaints). Every case is unique and I can help you review options specific to your circumstances.