Federal Employee's Request for Reasonable Accommodation is a Protected Activity - Agency May Not Retaliate
The Rehabilitation Act of 1973, 29 U.S.C. §701 et seq., protects a federal worker from discrimination because he or she has a disability. The Act requires agencies to provide reasonable accommodation to an individual's physical or mental disabilities unless the agency can prove that the requested accommodation will create an undue hardship. In this regard the Act incorporates the protections afforded under the Americans with Disabilities Act, as amended, which includes more recent and more detailed requirements. Accommodation may involve the removal of physical barriers. It may also include job restructuring and part-time or modified work schedules. Thus, a flexible work schedule may qualify as a reasonable accommodation. Both laws expressly prohibit employers from taking retaliatory actions against employees who oppose acts or practices which are made unlawful, for making charges and/or for participating in related investigations or proceedings. It is also unlawful to c