Reasonable Accommodations | AFGE Local 2883

Reasonable Accommodations (RA)

Key Points

You have the legal right to request a reasonable accommodation (RA) under the Rehabilitation Act and ADA; HHS/CDC must provide one unless it causes “undue hardship.”

You are qualified: If you already work at CDC, you are legally considered a qualified employee and eligible to request an RA.

Reasonable accommodations make it possible to perform essential job duties or access equal benefits at work; they can involve changes to how tasks are done or adjustments to the work environment.

Disabilities covered include physical or mental impairments that substantially limit major life activities or major bodily functions, even if they don’t fully prevent you from doing them.

Privacy protections: Only RA staff can ask for medical documentation. Supervisors and leadership cannot ask about your disability or discourage your request.

Reasonable Accommodations Complaints

We have noticed several questionable actions and policies from CDC regarding reasonable accommodations, especially around telework as a reasonable accommodation. If you have a reasonable accommodation request (not including a temporary approval from a supervisor) that has not been formally resolved within 60 days, Read our instructions on your available options.

If your temporary accommodation it's revoked or canceled for ANY reason, read our instructions on how to protect yourself and what to do next.

Common Questions

Can I request a reasonable accommodation? Should I?

If you need a reasonable accommodation (RA), yes, you can and should request a RA. As a federal employee, it is your legal right to request a RA. The Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Americans with Disabilities Amendments Act of 2008 require HHS/CDC to provide a RA to qualified employees, unless doing so would cause “undue hardship”.

Links to more info:

How to File a RA Request

What to do if you get pushback to your RA

A qualified employee is someone who has the required education and work experience, and who can perform the essential functions of the position without endangering the health and safety of the individual or others, all with or without a RA.

YOU SHOULD KNOW that because you are already currently employed with HHS/CDC, you are, by definition, a qualified employee.

A RA is a change in the work environment or in the way work tasks are usually done to enable an individual with a physical disability and/or mental impairment(s) to have equal employment opportunities. There are two broad RA types that apply to people currently employed at HHS/CDC:

Modifications that facilitate someone to perform the essential functions of the job
Modifications that facilitate equal benefits and privileges of employment

What conditions are covered by the ADA and Rehabilitation Act?

People with disabilities are covered by the ADA and Rehabilitation Act. To meet the definition of a disability under the ADA and Rehabilitation Act, the impairment must “substantially limit” a major life activity or a major bodily function compared to most people in the general population. An impairment is a physiological disorder affecting one or more body systems, or a mental or psychological disorder.

An impairment doesn’t need to prevent or significantly or severely restrict the individual to be considered “substantially limiting” and is determined by

difficulty, effort, or time required to perform a major life activity,

pain experienced when performing a major life activity,

the length of time a major life activity can be performed, or

the way in which the impairment affects the operation of a major bodily function.

Additionally, some ongoing medical treatments are considered substantially limiting and meet the definition of disability.

What are some major life activities that could be impacted?

Major life activities include:

Speaking, walking, and learning

Reading and writing/typing

Seeing

Caring for oneself (e.g., personal hygiene; preparing food for oneself)

Working

Elimination of wastes

Bending and twisting

Interaction with others

Hearing

Everyday mobility

Reproduction

Sleeping

Standing, sitting, lifting, reaching

Breathing
Performing manual tasks (e.g., opening filing cabinets and inserting papers; handling laboratory equipment)

What are some major bodily functions that could be impacted?

Major bodily functions include:

Functions of the immune system
Sensory functions (sight, hearing, smell, taste, touch)
Normal cell growth
Digestion
Urination and/or stool
Menstruation
Reproduction (e.g., pregnancy)
Neurological systems, including brain
Respiration (breathing)
Circulation
Cardiovascular system
Endocrine system
Lymphatic system
Movement (musculoskeletal system)

What are essential job functions?

A disability must also impact your ability to do one or more essential job function(s). These vary from job to job and are listed in your job description. You can also find your job functions in your position description, located in your eOPF folder. They are something that you actually perform and a duty that others could perform without disturbing the flow of work in the office. In addition, if that duty were removed, it would fundamentally change the nature of the job, and if not performed, would disturb the flow of work in the office. Essential job functions are also often the most time-consuming function of the job. Attendance is an essential job function.

In sum, HHS/CDC is required by law to provide a reasonable accommodation for any person with a disability that impacts their ability to perform essential job functions, such as duties in your job description, including attending or traveling to your job’s location.

What privacy expectations should I have when applying for a RA?

RA staff (and only RA staff) are authorized to ask for medical documentation, which may be part of the review process of your RA request.

It is unlawful for your:

employer to ask whether you are disabled

employer to ask about the nature or severity of your disability

supervisor or other leadership to discourage RA requests

supervisor or other leadership to ask for medical documentation

Have additional questions? Email us at ra@afge2883ga.org.