Federal Eeoc Attorney Near Me – If you are a federal employee with a disability and a mental or physical disability and require reasonable accommodations in the workplace, our legal team is committed to helping you through the process of filing a federal claim to get the results you want.
With over 60 years of combined experience, our federal accommodation attorneys at Pines Federal have a thorough understanding of federal law to help you navigate all the legal complexities involved in your case.
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Reasonable accommodation allows a person with a disability to do their job and allows an employer to make adjustments to the hiring process, workplace, work style, or work environment. Accommodations are considered reasonable if they do not pose a direct threat or distress to other employees.
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Under federal law, federal agencies are required to provide reasonable accommodations for qualified employees with disabilities if doing so would create an undue hardship. The right to reasonable accommodation for employees and job applicants is protected by Title 1 of the Americans with Disabilities Act of 1990, known as the ADA. The ADA and its reasonableness clause are designed to combat discrimination and ensure equal employment opportunities for individuals with disabilities. Section 501 of the Rehabilitation Act of 1973 applies the ADA to federal employees.
To qualify for reasonable accommodation, an employee must have a physical or mental disability that substantially limits one or more major life activities.
If you have a disability under the Americans with Disabilities Act or ADA, the agency is required to provide reasonable accommodations, such as:
It is important to note that the staffing agency must provide you with efficient accommodation, but not necessarily the best accommodation or the accommodation you are requesting.
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The Americans with Disabilities Act of 1990 (ADA) protects employers from unlawful disability discrimination in the workplace. To get protection from the ADA. you must perform essential job duties with or without reasonable accommodation. This means that your employer must be sure that you have the necessary qualifications for the position, such as education, work experience, skills or a professional license. If you meet these requirements, employers cannot refuse to hire you because of your disability.
The Equal Employment Opportunity Commission (EEOC) and the ADA apply employment discrimination laws to all public employers, regardless of employees hired after January 26, 1992.
The ADA protects all employees with disabilities from discrimination based on their disability. The ADA defines a disability as “a physical or mental impairment that substantially limits a major life activity”. The ADA also protects employers who have a history of disability or employees who are discriminated against by their employer because of a disability, even if they are not disabled.
Our attorneys negotiated a settlement of $245,000, excluding disgorgement and disgorgement of all sick leave incurred as a result of the Agency’s inability to provide telework to an HR professional suffering from multiple sclerosis. – Read more customer success stories…
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Your employer has a duty to provide you with adequate accommodation if you are disabled. Employers should not provide accommodation if it creates unnecessary hardship in terms of costs and adjustments. This can be based on the size, resources and needs of the employer. If the adjustment meets the needs of the employee, it is acceptable.
A reasonable accommodation is a change in the work environment that allows you to do the job, including:
A reasonable accommodation is a change that an employer makes to the work environment, schedule, or procedures to help an employee with a disability perform essential tasks or basic life activities in the workplace. The position should facilitate the employee to successfully perform the duties of the position. However, these changes should not create unnecessary problems for employers, such as making bonuses too expensive or difficult.
To request an accommodation, you or your federal housing attorney must notify your employer that you need a workplace accommodation due to a medical condition. The request must explain why you have difficulty doing your job because of a physical or mental disability. For example, if you use a wheelchair and it does not fit at your desk, you can ask your employer to make the necessary adjustments to overcome this problem. If you need to take four weeks off to treat back pain, this is also considered a reasonable adjustment. Your reasonable accommodation request can be verbal and does not have to be in writing.
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After your employer accepts your request for a reasonable accommodation, he can ask you relevant questions to make an informed decision about your request. In some cases, the employer may ask you for written documentation explaining your reasonable accommodation request.
What happened: SSA workers were asked for the reasonable accommodation that was previously awarded, but the new supervisor was deprived of the accommodation. We won the client $65,300 plus attorney fees for damages.
Employees of federal agencies have the same protections against disability discrimination as non-federal employees, and in some cases even more. Federal employees are protected under the Rehabilitation Act of 1973, which makes the Americans with Disabilities Act (ADA) applicable to federal employees. Although these protections are guaranteed for federal employees, the process of obtaining appropriate disability accommodations or OPM disability benefits can be complicated.
The first step is to determine if you have a disability. Although this may seem like a simple observation, the answer changes depending on whether you are seeking OPM disability or reasonable accommodation. To qualify for an accommodation, you must demonstrate that you have a disability as officially defined by the ADA and that you can perform the essential functions of your job if appropriate accommodations are provided.
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The latest Americans with Disabilities Amendments Act of 2008 (ADAAA) made it easier for employees to qualify.
OPM’s disability standards are stricter because these benefits are intended for people who cannot perform the essential functions of their job because of a disability.
Our legal team is committed to helping federal employees find the appropriate accommodations they need to perform their important duties.
This can be a formal process with a reasonable accommodation request form or an informal conversation with your supervisor or office manager. At this time, the institution may require medical proof of your disability. A Pines federal attorney can help you determine how much medical information an agency is requesting and at what point your agency has requested too much.
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“Interactive process” is the technical name for discussions with your supervisor or equal employment opportunity officer/civil rights officer about your need for medical accommodation (reasonable accommodation). The agency should be involved in a back and forth discussion as the parties try to negotiate a mutually fair settlement.
For any federal employee who has a statutory disability but can still perform the essential functions of the job with reasonable accommodation, the agency is required to provide an effective accommodation, unless doing so would cause undue hardship. However, since the employer in this case is basically the federal government, this argument carries very little weight. However, if you encounter resistance, you should request another appointment regarding your location or contact your local EEOC Office/Office for Civil Rights. Our office will help you decide whether or not you should file a lawsuit. We’re here to help you determine whether you have a legal right to the housing you’re applying for (and even help you decide which housing is best for you). ). We are also here to tell you when to file a lawsuit against your agency.
Although employers, including the federal government, are required to provide reasonable accommodation for employees with disabilities, there are exceptions if the accommodation creates a burden on the employer. Undue hardship may mean that the requested accommodation would cause substantial hardship or expense, or would significantly change the nature of the employer’s (or federal agency’s) business. Therefore, difficulties do not need to be financial and practical in nature.
Our law firm obtained $100,000 in damages, back wages, and retainers in the trial of a medical assistant who was routinely denied housing and faced a hostile work environment for requesting housing. – Read more customer success stories…
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If you cannot perform the essential functions of your job despite this accommodation, or if providing the accommodation would place an undue burden on the institution, you may want to seek the following:
The line between a disability that can be accommodated and a disability that requires OPM disability is not always clear, and having an expert on your side can be invaluable to federal employees who already have medical problems. Often your HR and EEO staff are not following laws and regulations. It is important that you have a professional to help you during this time.
It must be said that when the agency cannot provide reasonable housing, it can sometimes fire workers for disciplinary reasons and leave workers with great difficulty in applying for help.
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