Facing discrimination or retaliation at work can leave federal employees feeling isolated and unsure of where to turn. Recent developments in federal employment law highlight the importance of understanding your rights and the protections available to you. One such case is Gloria D. v. Thomas J. Vilsack, where a federal employee successfully appealed a denial of reasonable accommodation.
While Southworth PC did not handle this case, we believe it’s crucial to analyze and share insights that could help other federal employees facing similar challenges. Shaun Southworth, Founder and CEO of Southworth PC, offers his professional take on the case and practical advice for those navigating reasonable accommodation requests.
Case Summary
In the case of Gloria D. v. Thomas J. Vilsack, EEOC Doc 2021002321 (November 4, 2021), Gloria D., a Loan and Grant Technician with the Department of Agriculture, filed an Equal Employment Opportunity (EEO) complaint. She alleged that the Agency discriminated against her based on her disability—chronic lower back pain and sciatica—and retaliated against her for prior EEO activity. Specifically, she claimed that:
1. A Labor Relations Specialist shared her confidential medical information with her supervisor without consent.
2. Her supervisor failed to engage in the interactive process and partially denied her request for reasonable accommodation, specifically denying additional telework days.
An Administrative Judge initially ruled in favor of Gloria D., finding that the Agency’s failure to grant two days of telework was a denial of reasonable accommodation under the Rehabilitation Act. The Agency appealed, but the Equal Employment Opportunity Commission (EEOC) upheld the decision, ordering the Agency to provide remedies, including compensatory damages and restored leave.
Shaun Southworth’s Insights
1.The Importance of the Interactive Process
The case underscores the Agency’s obligation to engage in a meaningful interactive process when an employee requests a reasonable accommodation. Employers must work collaboratively with employees to find effective solutions without causing undue hardship.
Tip: If you request an accommodation, document all interactions with your employer. If they fail to engage in the interactive process, this could strengthen your case.
2. Telework as a Reasonable Accommodation
Gloria D.’s request for additional telework days was considered reasonable, especially given her medical condition. The EEOC recognized that telework can be an effective accommodation for employees with disabilities, provided it doesn’t impose undue hardship on the Agency.
Tip: If your job duties can be performed remotely, and you have a disability that would be accommodated by telework, don’t hesitate to make this request.
3. Protecting Confidential Medical Information
Sharing an employee’s medical information without consent can be a violation of the Rehabilitation Act. In this case, while the supervisor had a “need to know,” it’s essential that agencies handle such information with the utmost confidentiality.
Tip: Always provide medical information through the proper channels, and if you believe your confidentiality has been breached, consult with an attorney immediately.
Moving Forward: You’re Not Alone
If you’re a federal employee facing discrimination, retaliation, or difficulties obtaining a reasonable accommodation, it’s important to know that you have rights and options. Navigating the complexities of federal employment law can be daunting, but you don’t have to do it alone.
At Southworth PC, we specialize in representing federal employees in employment disputes. Our experienced federal employment attorneys understand the unique challenges you face and are dedicated to protecting your rights.
Example: We recently assisted a federal employee in a similar situation who was denied a reasonable accommodation. Through diligent representation, we secured not only the accommodation but also compensation for the hardship endured.
Reach out to Southworth PC today. Let us provide the personalized support and expertise you need to navigate your federal employment journey.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Gloria D. v. Thomas J. Vilsack was not handled by Southworth PC but is discussed here to provide public service insights to federal employees. For legal advice tailored to your specific situation, please contact an attorney.