In the case of Shawnta A. v. Dr. Mark T. Esper, Secretary, Department of Defense (Defense Commissary Agency), EEOC Appeal No. 2019001394 (April 24, 2020), the Equal Employment Opportunity Commission (EEOC) ruled in favor of a federal employee who was denied a reasonable accommodation for her disability. This decision highlights the importance of reasonable accommodation under the Rehabilitation Act of 1973 and the compensatory damages that may be available to federal employees when their rights are violated.
Legal Background
Under Section 501 of the Rehabilitation Act of 1973, federal agencies are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship. When an Agency fails to provide such accommodations, employees may be entitled to remedies, including compensatory damages for both pecuniary (financial) and non-pecuniary (emotional) losses. The Rehabilitation Act applies the same standards as the Americans with Disabilities Act (ADA) but specifically protects federal employees.
In this case, the Complainant, Shawnta A., suffered from degenerative joint disease (DJD) in her knee, which made it difficult to work in the physically demanding position of a Sales Store Checker at the McGuire Air Force Base Commissary. She requested an accommodation to avoid working in the self-checkout lane, a fast-paced assignment that aggravated her condition. Although her request was initially granted, a new supervisor (S2) later denied the accommodation, despite medical documentation supporting her need.
The Evidence and EEOC Findings
Shawnta A. filed a formal EEO complaint, claiming discrimination based on her disability and retaliation for her previous EEO activity. The EEOC investigation revealed that her employer had ignored medical documentation and denied her accommodation, resulting in significant physical and emotional harm. Specifically, the denial of accommodation led to worsening pain, swelling in her knee, and an inability to participate in family activities or engage in normal daily tasks. Statements from her co-workers, family members, and her physician supported her claims.
Initially, the Agency awarded Shawnta $25,000 in non-pecuniary damages for emotional distress. Dissatisfied, Shawnta appealed, arguing that this amount did not reflect the severity of her suffering. On appeal, the EEOC reviewed the evidence and compared it to similar cases. After considering the physical pain, emotional distress, and the lasting impact on her personal and professional life, the EEOC increased her award to $75,000. The Commission found that the denial of accommodation not only caused physical harm but also led to emotional harm, including depression, anxiety, and the deterioration of her personal relationships.
What This Means for Federal Employees
This case underscores the protections afforded to federal employees with disabilities. If you face discrimination due to the denial of reasonable accommodation, it is essential to understand that you have the right to seek compensation. The EEOC decision in Shawnta A.’s case reinforces several important points for federal employees that you might consider taking or discussing with an employment attorney:
1. Medical Documentation is Key: If you require accommodation, it is helpful to provide clear medical documentation outlining your condition and the specific adjustments needed. This documentation can be critical in proving your claim if accommodation is later denied.
2. Emotional and Physical Harm Are Compensable: You can seek damages not only for direct financial losses but also for emotional distress caused by the failure to accommodate your disability. This includes compensation for pain and suffering, anxiety, and loss of enjoyment of life.
3. Consistency with Other Cases: When determining damages, the EEOC considers awards from similar cases to ensure consistency. Federal employees who experience discrimination should provide as much detailed evidence as possible to support their claim and consider working with a federal employment attorney
Fight for Your Rights with Federal Employment Lawyers
At Southworth PC, our experienced federal employment lawyers are dedicated to defending the rights of federal employees under the Rehabilitation Act. If you have been denied reasonable accommodation or have experienced workplace discrimination, contact us for a consultation. We will guide you through the process, help you collect the necessary evidence, and fight to ensure you receive the compensation you deserve.
This summary illustrates the legal options available to federal employees facing discrimination. Reach out to our team of attorneys for federal employees to discuss your case and learn how we can assist you in protecting your rights.