Federal Disability Discrimination: Rehabilitation Act & ADA Lawyer Guide for Federal Employees

Disability discrimination is one of the most complex and misunderstood areas of federal employment law. It sits at the intersection of the Rehabilitation Act, the Americans with Disabilities Act (ADA), the ADAAA Amendments, the Civil Service Reform Act, and specific federal regulations governing medical documentation, reasonable accommodation, fitness for duty examinations, and workplace safety.

For federal employees, these laws operate differently than in the private sector. You are protected not only by Title I of the ADA (through the Rehabilitation Act), but by a broader set of federal-sector rules that apply uniquely to federal agencies, including:

• Section 501 of the Rehabilitation Act

• 29 C.F.R. Part 1630 (ADA standards incorporated into federal law)

• 29 C.F.R. § 1614.203 (model employer obligations)

• Civil Service Reform Act PPPs

• Executive Orders 13163, 13164, 13548, 14035

• Extensive EEOC and MSPB case law

• Agency-specific RA procedures

Federal employees with disabilities therefore have more protections—not fewer—than employees in the private sector.

This guide is the most comprehensive resource available online for federal employees facing disability discrimination. It integrates:

• ADA.gov’s Disability Rights Guide

• AFGE’s 100-page Disability EEO Manual (2022)

• OPM’s 42-page Disability Law & RA Presentation (2017)

• Federal regulations

• EEOC decisions

• MSPB case law

• NSLF insider knowledge of how agencies actually operate behind the scenes

This section sets the foundation. Later parts will cover accommodation strategy, undue hardship, harassment, retaliation, EEO filings, OSC complaints, MSPB litigation, performance issues, medical inability to perform, direct threat cases, and settlement strategy.

Let’s begin.

Disability discrimination in the federal workplace is one of the most misunderstood and mishandled areas of federal employment law. For federal employees, disability rights do not simply mirror the private sector—they are stronger, broader, and more protective. These rights come primarily from the Rehabilitation Act of 1973, which incorporates the standards of the Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA).

Together, these laws create a powerful framework ensuring that federal employees with disabilities:

• Receive equal access to hiring, advancement, and training

• Are judged based on their abilities, not stereotypes

• Are protected from harassment and retaliation

• Obtain reasonable accommodations when needed

• Are evaluated through objective, individualized evidence—not fear or assumptions

This section lays the foundation for the entire guide. Later parts will cover reasonable accommodation strategies, undue hardship, medical documentation, hostile work environment standards, retaliation, MSPB appeals, security clearance issues, settlements, and winning approaches used by NSLF.

Let’s begin with the basics: who is protected, what counts as a disability, and what federal agencies are required to do.

What Is Disability Discrimination in Federal Employment?

Disability discrimination occurs when a federal agency treats an employee or applicant unfavorably because of a physical or mental impairment, a history of impairment, or because the agency believes they have an impairment—even if they do not.

Discrimination can appear in virtually every aspect of federal employment, including:

• Hiring and onboarding

• Promotion and competitive advancement

• Performance reviews and performance improvement plans

• Disciplinary actions

• Telework and scheduling decisions

• Job assignments and workload distribution

• Training and detail opportunities

• Award determinations

• Leave approvals

• Termination or non-selection

Federal employees are also protected from:

• Harassment based on disability

• Retaliation for requesting accommodations or asserting rights

• Invasive or inappropriate medical inquiries

• Improper fitness-for-duty examinations

• Breaches of medical confidentiality

Because disability can affect work in countless ways, disability discrimination is often both subtle and systemic—but the law protects you regardless of whether the discrimination is intentional or accidental.

The Legal Framework: The Rehabilitation Act, ADA, and ADAAA

Federal employees are protected primarily by the Rehabilitation Act, not the ADA. But the Rehabilitation Act incorporates the ADA’s standards, which means federal employees benefit from all the strengths of both laws.

The Rehabilitation Act (Section 501)

Section 501:

• Prohibits disability discrimination in all federal agencies

• Requires agencies to provide reasonable accommodation

• Requires agencies to treat disabled employees no worse than others

• Incorporates the ADA’s definitions, legal standards, and protections

• Mandates that federal employers be “model employers” of individuals with disabilities

This is a more protective standard than what private sector employers must satisfy.

ADA (Title I)

While the ADA technically applies to private employers, its standards are imported into federal-sector practice. This includes:

• Definitions of disability

• Reasonable accommodation requirements

• Prohibitions on medical inquiries

• Confidentiality rules

• Harassment and retaliation standards

ADA Amendments Act (ADAAA)

The ADAAA dramatically expanded who qualifies as disabled. It:

• Requires the definition of disability to be interpreted broadly

• Lowers the bar for proving a “substantial limitation”

• Clarifies that mitigating measures (medication, devices) must not be considered

• Includes episodic conditions (e.g., migraines, PTSD, epilepsy)

• Expands the list of major life activities and bodily functions

This means millions more federal employees qualify as disabled compared to the pre-2009 legal landscape.

Who Is Protected?

A person is protected if they meet any of the following three definitions:

1. Actual Disability

A physical or mental impairment that substantially limits one or more major life activities.

This is now interpreted broadly. You do not need to prove severe limitation—or that you are completely unable to perform the activity. You only need to show you are limited compared to “most people in the general population.”

2. Record of Disability

A history of an impairment, even if currently resolved.

Examples:

• A past cancer diagnosis

• A documented history of depression

• A history of back impairment or mobility limitations

Agencies cannot treat employees worse because they once had a disability.

3. Regarded As Disabled

Adverse treatment based on a perceived impairment, even if:

• The impairment does not substantially limit a major life activity

• The impairment is misdiagnosed

• The employee has no disability at all

If the agency acts out of fear, assumptions, bias, rumor, or stereotypes, this prong applies.

Federal protections under the “regarded as” standard are extremely broad.

Major Life Activities and Major Bodily Functions

To determine whether someone has an actual disability, the law recognizes two categories of limitations:

Major Life Activities include:

• Seeing

• Hearing

• Walking

• Standing

• Sitting

• Breathing

• Lifting

• Speaking

• Communicating

• Eating

• Sleeping

• Concentrating

• Thinking

• Learning

• Reading

• Interacting with others

• Working

Major Bodily Functions include:

• Immune system function

• Brain function

• Neurological function

• Endocrine function

• Digestive function

• Bowel and bladder function

• Reproductive function

• Respiratory function

• Normal cell growth

• Musculoskeletal function

A limitation in any one of these may qualify as a disability.

The law is clear: an impairment does not need to “significantly restrict” activities. Even moderate limitations may be sufficient.

What Does “Substantially Limits” Mean?

The term is intentionally broad.

Under the ADAAA, federal employees do not need to show:

• Severe impairment

• Inability to perform activities

• Long-term or permanent impairment

• Total incapacity

Instead, the question is much simpler:

Does the impairment make the activity harder, more painful, more time-consuming, or more difficult compared to most people?

If yes, you likely qualify.

This broad standard includes:

• Chronic pain conditions

• Migraines

• Anxiety

• Depression

• ADHD

• Autism

• Cardiac issues

• Arthritis

• Diabetes

• Vision and hearing impairments

• PTSD

• Gastrointestinal disorders

And many more.

Who Is Not Considered Disabled?

Some conditions do not qualify as disabilities under federal law, including:

• Temporary, minor injuries (e.g., a short-term sprain)

• Personality traits (e.g., irritability)

• Stress due solely to job pressure

• Common colds or mild viruses

• Pregnancy alone (though pregnancy-related medical conditions may qualify)

• Current illegal drug use

However, “temporary” conditions can still qualify if they are severe enough or expected to last several months.

Qualified Individual With a Disability

To be protected from discrimination, an employee must be a qualified individual.

This means:

1. You meet the job requirements (education, experience, licensure),

2. AND you can perform the essential functions of the job,

3. With or without reasonable accommodation.

This is an important distinction:

• You do not need to perform the job in the same way as someone without a disability.

• You only need to perform the essential functions—and accommodation may help you do so.

Understanding “Essential Functions”

Essential functions are the core duties of the position—not everything listed in a PD or everything a supervisor prefers.

Essential functions are usually those that:

• Are fundamental to the job’s purpose

• Require special skills

• Cannot be redistributed without fundamentally altering the position

• Occupy a significant portion of time

• Have significant consequences if not performed

Examples:

• For a receptionist: answering the main phone line is essential; sorting mail occasionally is not.

• For a law enforcement officer: carrying a firearm may be essential; attending optional community events is not.

• For an analyst: conducting research is essential; maintaining an office supply cabinet is not.

When agencies misclassify marginal tasks as “essential,” they often violate the law.

An employee does not lose protection simply because they cannot perform non-essential functions.

The Broad Purpose of Disability Law for Federal Employees

Congress and the federal courts have repeatedly made clear:

• Disability laws are meant to remove barriers, not create new ones.

• Federal employers must evaluate employees based on facts, not stereotypes.

• The focus should be on whether discrimination occurred—not on overly technical arguments about disability definitions.

• Agencies must use individualized assessments, not blanket rules.

• Reasonable accommodation is meant to be flexible, interactive, and effective, not grudging or adversarial.

The Rehabilitation Act requires federal agencies to be “model employers.”
This means:

• More flexibility

• More accommodation

• More individualized solutions

• Greater effort to evaluate objectively

• Greater responsibility to avoid stereotyping

Federal agencies violate the law when they rely on rigid rules, outdated assumptions, or internal convenience instead of the individualized, flexible approach required by law.

TYPES OF DISABILITY DISCRIMINATION IN THE FEDERAL WORKPLACE 

Disability discrimination takes many forms in the federal government. Some are overt, others subtle. Some are intentional, others happen simply because supervisors do not understand their legal obligations. Regardless of motive, the effect is the same: a federal employee is denied a fair chance to succeed because of disability, perceived disability, or a need for accommodation.

This section explains every type of disability discrimination recognized under federal law. Later parts will build on this foundation by explaining how to prove these claims, how to request reasonable accommodations properly, and how NSLF dismantles the defenses agencies commonly raise.

Disparate Treatment Based on Disability

Disparate treatment means the agency treats a disabled employee worse than similarly situated nondisabled employees. It is the most classic and obvious form of discrimination under the law.

Examples include:

• Denying promotions to employees with disabilities

• Giving harsher discipline to disabled employees than to nondisabled employees who made similar mistakes

• Refusing to hire an applicant because of a visible impairment

• Blocking an employee from details, leadership roles, or developmental opportunities

• Micromanaging an employee because a supervisor views their disability as a “liability”

• Applying policies more strictly to employees with disabilities

Disparate treatment often shows up through patterns. A supervisor might always doubt medical documentation, always assume the employee is exaggerating, or consistently grant flexibility to nondisabled employees while denying it to disabled ones.

In these cases, the key question is whether the employee was treated differently because of disability rather than legitimate performance or conduct factors.

Denial of Reasonable Accommodation

The failure to reasonably accommodate a disability is itself a standalone form of discrimination.

Under federal law:

• Agencies must provide reasonable accommodation to employees with disabilities

• Employees do not need to use special words or legal phrases to request one

• Agencies cannot delay, deny, ignore, or obstruct accommodation requests

• Agencies must engage in an interactive, problem-solving discussion

• Agencies must individually assess the accommodation’s feasibility

• Agencies must consider reassignment if no other accommodation works

Common unlawful behaviors include:

• Ignoring RA requests

• Taking months to respond

• Denying accommodations without analysis

• Demanding excessive medical documentation

• Refusing telework even though duties can be performed remotely

• Treating accommodation as a burden instead of a legal right

• Acting as though the supervisor’s personal preferences supersede legal obligations

• Saying things like “we don’t do that here” or “everyone must be treated the same”

Agencies frequently get this wrong, assuming reasonable accommodation is optional. It is not. It is a mandatory legal obligation.

We will explore RA in extraordinary depth in Part III.

Hostile Work Environment Based on Disability

A hostile work environment occurs when an employee is subjected to unwelcome conduct that is so severe or pervasive that it creates an abusive or intimidating workplace.

Harassment can come from:

• Supervisors

• Coworkers

• Contractors

• Subordinates

Examples include:

• Mocking an employee’s medical condition

• Questioning whether someone “really has anxiety”

• Insulting jokes about mobility devices or assistive technology

• Derogatory comments about medication, therapy, or treatment

• Repeatedly telling someone to “get over it”

• Criticizing the employee for needing breaks, telework, or modified duties

• Pressuring the employee not to use accommodations

It also includes more discrete behaviors such as:

• Repeated misgendering of someone with gender dysphoria (which can be linked to disability protections in some cases)

• Constantly scrutinizing or second-guessing medical documentation

• Publicizing someone’s confidential medical information

Harassment does not need to involve name-calling. A pattern of disrespect, exclusion, or targeted micromanagement can be just as unlawful.

Disability-Based Retaliation

Retaliation is one of the most common federal employment violations. Federal supervisors often react negatively when employees assert their legal rights.

Retaliation occurs when:

1. You engage in protected activity, such as requesting a reasonable accommodation, providing medical documentation, filing an EEO complaint, assisting another employee, or opposing discrimination;

2. The agency takes an adverse action; and

3. There is a causal connection between the two.

Protected activity includes:

• Requesting a reasonable accommodation

• Participating in the interactive process

• Filing or assisting with an EEO complaint

• Providing medical information supporting your disability

• Reporting harassment

• Objecting to discriminatory treatment

• Asking for leave related to a disability

• Requesting reassignment

Common retaliatory actions include:

• Sudden negative performance reviews

• PIPs issued shortly after RA requests

• Harsh discipline

• Removal of telework without justification

• Exclusion from meetings

• Assigning menial tasks

• Increased scrutiny or monitoring

• Loss of awards, bonuses, or recognition

• Threats of medical removal

Retaliation claims are often stronger than the underlying discrimination claim because timing does not lie. When adverse actions occur immediately after disability-related activity, the law presumes retaliation unless the agency can show a credible, well-documented reason.

Failure to Engage in the Interactive Process

Federal agencies must actively participate in a good-faith, individualized dialogue when an employee requests accommodation.

Illegal conduct includes:

• Ignoring RA requests

• Failing to discuss available accommodations

• Refusing to consider alternatives

• Insisting on only one specific solution

• Abruptly ending communication

• Holding RA requests hostage while waiting for unnecessary documentation

• Allowing supervisors to unilaterally deny accommodations without consulting HR or EEO

• Treating RA requests like routine administrative paperwork instead of a legal compliance requirement

The interactive process is not a suggestion — it is a required legal step.

If the agency refuses to engage, delays unreasonably, or sabotages the process, that is discrimination, independent of whether the accommodation itself would ultimately have been granted.

Improper Medical Inquiries and Medical Exams

Federal law strictly limits when agencies can request medical information or order medical exams.

The agency may not:

• Request your full medical records

• Demand diagnosis instead of functional limitations

• Require medical updates for permanent impairments

• Ask medical questions in job interviews

• Demand medical justification for every leave request

• Order a fitness-for-duty exam without objective evidence

• Use a medical exam to fish for performance-related justification

Improper medical demands are a form of discrimination because they invade privacy and chill employees from exercising their rights.

Confidentiality Violations

Medical confidentiality is absolute—with narrow exceptions.

A supervisor cannot:

• Tell coworkers why you have an accommodation

• Disclose your diagnosis

• Share medical documents with unauthorized staff

• Store medical information in your personnel file

• Discuss your medical condition openly in the workplace

• Forward your medical records to team members or union reps without your consent

Breaching confidentiality is itself a violation of the Rehabilitation Act—no additional harm needs to be proven.

Stereotyping and Assumptions About Disability

Supervisors sometimes treat disabled employees differently not out of malice, but out of assumptions. These assumptions still violate the law.

Examples:

• Assuming someone with PTSD “can’t handle stress”

• Assuming someone with depression is dangerous or unstable

• Assuming someone with ADHD must be unreliable

• Assuming someone using a cane cannot perform field work

• Assuming someone who stutters is not a strong communicator

• Assuming someone with chronic pain cannot be trusted with deadlines

• Assuming someone with migraines will miss too much work

Disability discrimination often arises from these unstated biases. The law requires decisions to be based on facts, not assumptions.

Misuse of Performance Standards Against Employees With Disabilities

Performance evaluations often become tools of discrimination when:

• An employee with a disability is graded more harshly than others

• Reasonable accommodation was denied before performance declined

• The employee is held to different expectations

• The supervisor penalizes the employee for disability-related work patterns

• Breaks, modified schedules, or limitations are treated as performance failures

A negative performance action based on conduct that a reasonable accommodation would have prevented can be unlawful.

We cover this in depth in PART V: Disability, Performance, PIPs, and Discipline.

Misconduct and Disability

Federal law draws a line:

• Agencies are not required to excuse past misconduct

• But agencies must provide accommodations going forward

• And agencies cannot discipline employees based on disability-related conduct when accommodations were improperly denied

Discriminatory misconduct discipline occurs when:

• The agency denies accommodation

• The disability exacerbates behavior

• The agency then punishes the employee for behavior the accommodation would have prevented

Or when:

• Nondisabled employees commit the same misconduct but are treated more leniently

Or when:

• The supervisor uses a minor incident as a pretext after RA requests

This is extremely common, especially in federal law enforcement, postal positions, and high-stress roles.

Constructive Discharge Based on Disability

Constructive discharge happens when conditions become so intolerable that a disabled employee is forced to resign.

Examples include:

• Repeated RA denials

• Ongoing harassment

• Escalating retaliation

• Hostile comments about medical conditions

• Persistent pressure to quit or retire

• Medical removal threats without proper analysis

Although constructive discharge requires a high evidentiary bar, it is increasingly recognized where agencies impose a sustained pattern of disability-based mistreatment.

Forced Medical Leave or Involuntary Retirement

Agencies sometimes push employees to take:

• Indefinite LWOP

• Forced leave

• Disability retirement they do not want

This can be discriminatory when:

• The employee can still perform essential functions with accommodation

• The agency refuses to consider alternatives

• Supervisors insist the employee “needs to take time off” when the employee does not

• The agency takes away duties to build a record for removal

This conduct is unlawful when not supported by medical evidence and individualized assessment.

Discrimination in Hiring, Promotion, and Assignments

Disability discrimination affects career development in many subtle ways:

• Interviews conducted in inaccessible formats

• Failure to provide accommodations during the hiring process

• Refusal to hire because of medication, mobility devices, or visible impairment

• Promotion panels penalizing “perceived reliability issues” due to disability

• Assigning less desirable tasks to disabled employees

• Passing over disabled employees for details or leadership opportunities

The law prohibits disability from being used as a factor in evaluating merit.

PART III – THE COMPLETE GUIDE TO REASONABLE ACCOMMODATION IN THE FEDERAL WORKPLACE

Reasonable accommodation (RA) is the backbone of disability law for federal employees.
It is the single most important mechanism for ensuring equal opportunity, productivity, and long-term career growth for individuals with disabilities.

At its core, RA is simple:

Federal agencies must modify the workplace, job structure, schedule, technology, environment, or policies to allow a qualified employee with a disability to perform the essential functions of the job, unless doing so creates an undue hardship.

This part of the guide explains:

• What reasonable accommodation is

• Who qualifies

• How to request an accommodation

• What agencies must do

• What agencies cannot do

• The interactive process

• Undue hardship

• Medical documentation rules

• Reassignment

• Telework and scheduling

• Leave as accommodation

• Accommodations for mental health, chronic pain, neurological conditions, mobility impairments, sensory issues, and more

• 200+ examples of accommodations federal employees can request

• NSLF’s strategic playbook for securing accommodations in resistant environments

Let’s begin.

What Is Reasonable Accommodation?

A reasonable accommodation is any change to the work environment, job structure, schedule, tools, or policies that allows a qualified individual with a disability to:

• Perform the essential functions of the job

• Obtain equal access to the benefits and privileges of employment

• Participate fully in the workplace

• Compete fairly for promotions, assignments, and opportunities

Common forms include:

• Telework

• Modified work schedules

• Reassignment

• Assistive technology

• Ergonomic equipment

• Leave

• Modified workflows

• Adjustments to supervisory methods

• Accessible communication

Accommodations should be individualized—there is no one-size-fits-all menu.

Who Qualifies for Reasonable Accommodation?

Any federal employee or applicant qualifies if they:

1. Have a disability (actual or record of disability), and

2. Are qualified for their job, and

3. Need an adjustment to perform essential functions or enjoy equal access.

“Regarded as” disabled employees are protected from discrimination but are not legally entitled to RA.

The Purpose of Reasonable Accommodation

The goal is not to give disabled employees “special treatment.”
It is to create equal opportunity by removing barriers that unfairly disadvantage them.

RA ensures:

• Productivity

• Safety

• Efficiency

• Inclusion

• Retention

• Fair evaluation

• Access to promotional pathways

When done correctly, RA turns disability differences into neutral factors, allowing skill, experience, and performance—not disability—to guide career outcomes.

How to Request a Reasonable Accommodation

Federal employees do not need to use magic words.

A valid RA request may be:

• Written

• Verbal

• Sent via email

• Mentioned in a meeting

• Communicated to any supervisor or manager

Any communication that expresses:

• A difficulty

• Related to a medical condition

• And a need for help or change

…triggers the agency’s obligation to respond.

Examples of valid RA requests:

• “My migraines are getting worse. I need a more flexible schedule.”

• “My back condition makes long commutes painful. Can I telework?”

• “I am having trouble concentrating because of my ADHD. Can I use noise-canceling devices?”

• “I need ergonomic equipment because of chronic pain.”

• “I am requesting medical leave as an accommodation.”

• “My depression is flaring up and I need a break adjustment.”

Employees are not required to:

• Use the phrase “reasonable accommodation”

• Provide diagnosis details

• Submit forms immediately

• Provide extensive medical documentation

What Happens After You Request Accommodation

Once an employee requests accommodation, the agency must:

1. Acknowledge the request

2. Begin the interactive process promptly

3. Gather only relevant medical information

4. Identify essential job functions

5. Identify the employee’s limitations

6. Explore potential accommodations

7. Choose an effective accommodation

8. Implement the accommodation without undue delay

The law expects active problem-solving—not bureaucratic foot-dragging.

The Interactive Process

The interactive process is a required, two-way dialogue between the agency and the employee.

The process must be:

• Prompt

• Good-faith

• Individualized

• Collaborative

• Flexible

The agency must:

• Listen

• Ask questions

• Understand limitations

• Consider alternatives

• Explain decisions

• Document the process

Supervisors may not:

• Ignore the request

• Delay unnecessarily

• Reject accommodations without analysis

• Insist on their preferred accommodation

• Shut down discussion

• Make unilateral decisions based on personal feelings

The interactive process continues until an effective accommodation is found or the agency shows undue hardship.

Timeline Requirements

Federal agencies must respond to RA requests as soon as possible.
Unnecessary delay constitutes discrimination.

Delays occur when supervisors:

• Do nothing

• Lose paperwork

• Demand excessive documentation

• “Wait” for HR or lawyers without providing interim measures

If an accommodation is simple (ergonomic chair, telework flexibility, schedule modification), implementation should take days, not months.

If medical documentation is needed, employees should be given a reasonable deadline, and agencies must ensure follow-up happens quickly.

Medical Documentation Rules

Agencies may request only the information necessary to evaluate the accommodation—not full medical files, diagnoses, treatment history, or irrelevant details.

Employees must provide:

• Functional limitations

• How the disability affects essential functions

• Why requested accommodation is needed

Employees do not have to provide:

• Detailed diagnosis

• Full medical records

• Medication lists

• Family medical history

• Irrelevant lab results

Agencies cannot demand:

• Annual updates for permanent conditions

• Excessive documentation

• Repeated documentation for long-term disabilities

• Information about unrelated medical conditions

Agencies also cannot disclose medical information to:

• Coworkers

• Subordinates

• Union reps (unless involved in the RA process)

• Other supervisors without a need to know

Confidentiality violations are independent legal violations.

Choosing an Accommodation

Employees can express preferences, but the agency may choose any accommodation that is:

1. Effective

2. Reasonable

3. Allows the employee to perform essential functions

Employees are not entitled to their preferred accommodation if another effective option exists.

Likewise, the agency cannot reject an employee’s request simply because it prefers a different approach if the employee’s choice is the only effective option.

Accommodations must be effective, not merely symbolic or partial.

What Is NOT a Reasonable Accommodation

The law does not require agencies to:

• Eliminate essential job functions

• Create new positions

• Lower production standards

• Excuse past misconduct

• Pay for personal items (hearing aids, medication)

• Allow an indefinite period of leave with no anticipated return date

• Grant accommodations that pose an undue hardship

However:

• Restructuring marginal functions

• Modifying non-essential tasks

• Adjusting workflows

• Switching duty allocations

• Allowing telework

• Considering reassignment

…are all potentially required.

Leave as a Reasonable Accommodation

Leave can be a valid RA, particularly for:

• Surgeries

• Treatment plans

• Flare-ups of episodic conditions

• Mental health stabilization

• Medical appointments

• Pain cycles

• Disability management

Leave can take many forms:

• Intermittent leave

• Reduced schedules

• Block leave

• Telework combined with leave

• Temporary modified schedules

Agencies cannot automatically deny leave by saying:

• “We don’t do unscheduled leave”

• “Your absence is inconvenient”

• “We already gave you sick leave”

• “We don’t allow telework and leave as an accommodation together”

They must consider the individual circumstances.

Telework as a Reasonable Accommodation

Telework is one of the most powerful and misunderstood accommodations.

Telework is often appropriate when:

• Commutes cause pain or medical complications

• Employee experiences flare-ups

• Employee has migraines, anxiety, PTSD, or chronic pain

• Employee cannot tolerate workplace stimuli

• Travel or movement is restricted

• Medical appointments require proximity

• Employee has mobility impairments or immunosuppression

The law expects agencies to consider:

• The actual, not theoretical, need for in-office presence

• The employee’s demonstrated ability to telework

• Technological solutions

• Workload distribution

Federal employees successfully perform thousands of roles remotely across agencies.
Supervisors cannot rely on outdated assumptions.

Modified Work Schedules as Accommodation

Modified schedules may include:

• Later start times

• Earlier departures

• Split shifts

• Compressed schedules

• Adjusted break times

• Workday adjustments for medication cycles or appointments

• Part-time schedules as a temporary measure

Schedule changes are among the least burdensome accommodations for agencies.

Workspace and Equipment Accommodations

Examples include:

• Ergonomic chairs

• Standing desks

• Screen magnifiers

• Speech-to-text software

• Noise-canceling devices

• Reduced lighting

• Filters for screens

• CAP (Computer/Electronic Accommodation Program) devices

• Wheelchair-accessible desks

• Anti-glare screens

• Specialized keyboards

• Document holders

These are often inexpensive and easy to implement.

Communication-Based Accommodations

Employees with hearing, vision, cognitive, or neurological disabilities may require adjustments such as:

• Captioned meetings

• Interpreters

• Written instructions in lieu of verbal ones

• Real-time transcription services

• Enlarged print

• Additional processing time

• Memory aids

• Recording of instructions

• Visual schedules

Agencies must adapt communication methods to employee needs.

Supervisory Method Accommodations

Many disabilities require management adjustments, such as:

• Providing instructions in writing

• Breaking tasks into smaller components

• Offering structured check-ins

• Allowing visual cues for processes

• Reframing how feedback is delivered

• Reducing unexpected changes

• Allowing alternative methods of communication

These accommodations are particularly important for ADHD, PTSD, autism, anxiety, and depression.

Medical Access Accommodations

These include:

• Time for medical appointments

• Access to a private space for medical equipment

• Ability to store medication appropriately

• Permission to eat snacks or take medication

• Access to refrigeration for medications

• Changing rooms for mobility devices

Supervisors cannot treat these as “special privileges.”

Reassignment as a Reasonable Accommodation

Reassignment is the accommodation of last resort but is legally required when:

• No other reasonable accommodation allows the employee to perform essential functions

• The employee is qualified for another vacant position

• The position is funded and within the same agency

Reassignment rules:

• Employee does not need to compete

• Must be considered agency-wide, not just in the employee’s unit

• Vacant positions only; agencies are not required to create new jobs

• The reassignment may involve a lower GS level, but agencies must consider all options

Many agencies wrongly treat reassignment as optional. It is not.

Examples of Reasonable Accommodations

Below is an extensive non-exhaustive list federal employees may request.

Mobility and physical impairments

• Adjustable desks

• Ergonomic chairs

• Anti-fatigue mats

• Parking accommodations

• Telework due to mobility challenges

• Modified travel requirements

• Assistive devices for walking

• Job restructuring for non-essential physical tasks

Chronic pain, musculoskeletal issues

• Standing desks

• Reduced lifting

• Modified schedules

• Remote work during flare-ups

• Stretch breaks

• Ergonomic keyboards

• Reduced repetitive motion tasks

Visual impairments

• Screen readers

• ZoomText or JAWS

• Large monitors

• Braille displays

• High-contrast settings

• Lighting adjustments

• Magnifying tools

Hearing impairments

• Interpreters

• CART captioning

• Amplified phones

• Visual alert systems

• Written instructions

Mental health conditions

• Flexible scheduling

• Telework

• Modified deadlines

• Quiet workspace

• Adjusted supervision style

• Limited in-person meetings

• Breaks for grounding techniques

Autism, ADHD, cognitive disabilities

• Noise-canceling headphones

• Written instructions

• Predictable schedules

• Visual aids

• Structured check-ins

• Reduced sensory triggers

• Dividing projects into smaller tasks

Sleep disorders

• Later start times

• Flexible schedules

• Telework

• Modified shift work

Migraine disorders

• Reduced lighting

• Screen filters

• Reduced fragrance environments

• Remote work during flare-ups

• Quiet workspace

PTSD and anxiety disorders

• Telework

• Separation from triggering individuals

• Access to quiet rooms

• Modified break schedules

• Alternative communication methods

Immune suppression and health vulnerabilities

• Telework

• Private offices

• Reduced exposure to high-traffic spaces

• Modified in-person requirements

Chronic illnesses (diabetes, Crohn’s, rheumatoid arthritis)

• Extra breaks for medical needs

• Access to restroom

• Telework

• Flexible start times

• Refrigeration access

• Medical privacy space

Cancer treatment and recovery

• Leave for treatment

• Reduced schedule

• Telework

• Temporary workload reduction

This list is not exhaustive; the law allows virtually unlimited options if they are reasonable and effective.

NSLF’s Strategic Playbook for Securing Accommodation

Our approach for clients includes:

1. Precision Requests
We articulate requests in a way agencies cannot easily deny.

2. Functional Documentation
We help employees provide only the medical information required—nothing more.

3. Pattern Identification
We identify inconsistencies in how supervisors treat nondisabled employees.

4. Legal Pressure
We cite controlling legal authority agencies must follow.

5. Appeal Readiness
We position every accommodation request for potential EEO or MSPB litigation.

6. Untangling Supervisor Bias
We gather evidence showing where personal preference distorted compliance.

7. Settlement Leverage
We use RA violations to negotiate stronger outcomes and career protections.

8. Timing and Causation Strategy
We monitor retaliation risk and build causation evidence immediately.

Reasonable accommodation cases are often won or lost based on strategy, not sympathy. NSLF ensures every client is positioned for success.