🚨BREAKING NEWS: On October 28, 2025, U.S. District Court Judge Susan Illston (Northern District of California) granted a Preliminary Injunction (PI) in AFGE v. OMB, which continues halting all Federal Reduction-in-Force (RIF) actions initiated or approved by OMB during the current government shutdown. The ruling applies nationwide to any agencies--including CDC/HHS--with at least 1 AFGE Member or BUE that applied the new OMB RIF framework.🚨
RA Legal Information
Key Points
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Retaliation is illegal: HHS/CDC cannot punish, threaten, or discourage you for requesting a reasonable accommodation (RA), regardless of whether your request is approved or denied.
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ADA protections: The Americans with Disabilities Act prohibits retaliation or discrimination against employees—including those associated with someone who has a disability. Employers must provide accommodations unless it creates “undue hardship.”
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What to do if rights are violated: If your supervisor refuses, delays, or discourages a RA request, contact AFGE 2883 immediately (ra@afge2883ga.org / complaints@afge2883ga.org ).
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Enforcement options: You have 45 days to file an EEO complaint. Remedies may include reinstatement, back pay, attorney fees, or accommodation. In discrimination cases, you can also sue the federal government directly.
Retaliation is Illegal
All employees have the right to request a RA. HHS/CDC has a duty to review the request and grant or deny it. No matter the outcome, it is illegal for HHS/CDC to retaliate against an employees who has requested a RA.
Many employees are understandably concerned about possible retribution—either official or passive—from HHS or from their supervisor if they request an RA.
Violation to the Americans with Disability Act
The ADA prohibits an employer from retaliating against an applicant or employee for asserting their rights under the ADA. The Act also makes it unlawful to discriminate against an applicant or employee, whether disabled or not, because of the individual's family, business, social or other relationship or association with an individual with a disability.
It is a violation of the ADA to fail to provide reasonable accommodation to known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation the organization. Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.
Visit the following link for more information regarding employer rights and responsibilities:
https://www.eeoc.gov/publications/ada-your-responsibilities-employer
What do I do if I think I am being retaliated against or if my center is violating my ADA rights?
Requesting a RA
If anyone in your supervisor chain refuses to approve your temporary RA request, tries to discourage you from requesting an RA, or otherwise threatens to or actually retaliates against you for requesting a RA, then your rights under the ADA and Rehabilitation Act have been violated.
Your RA request should be a simple and smooth process. The only negotiation that should happen between you and your supervisor is whether your job (as defined by your position description) can be performed with your requested RA.
Hint: if you worked remotely prior to March 17, 2025, then your job can be performed via telework.
If your request is not processed quickly and smoothly, you should contact us immediately at ra@afge2883ga.org. We will take steps to educate and inform your supervisor of your rights, which should result in the approval of your temporary RA.
Retaliation
Remember, any retaliation constitutes illegal discrimination against a person with a disability—people with disabilities are a legally protected class.
Should this happen, contact AFGE 2883 [complaints@afge2883ga.org; ra@afge2883ga.org] immediately and complete the Request for Representation Intake Form, regardless of your admin code or union membership status.
We will help you file an EEO complaint against HHS/CDC, if necessary. You have 45 days from the date of the incident to file an EEO complaint, so quick action on your part is vital. Additionally, you can sue the federal government directly for damages. Discrimination is the one circumstance in which citizens can sue the federal government in this manner.
The Commission will investigate and initially attempt to resolve the charge through conciliation. The ADA also incorporates the remedies contained in Title VII. These remedies include hiring, promotion, reinstatement, back pay, and attorney fees. Reasonable accommodation is also available as a remedy under the ADA.