Your flexible schedule has worked perfectly for four years. Then new management arrives, and suddenly you’re expected to be at your desk 30 minutes earlier—no exceptions. When you ask to continue the arrangement that’s been keeping you productive and employed, you’re told the answer is no.
This isn’t a hypothetical. It’s exactly what happened to a Social Security Administration employee—and why her case matters for federal workers facing similar situations today.
The Case at a Glance
- EEOC Office of Federal Operations Decision (March 21, 2012)
- Employee: Administrative Assistant at SSA’s Morgantown, West Virginia hearing office
- Issue: Agency ended a four-year flexible schedule arrangement that allowed her to start at 10:00 a.m. instead of 9:30 a.m.
- Outcome: EEOC ruled the agency violated the Rehabilitation Act by denying reasonable accommodation
What Actually Happened
The employee had worked as an Administrative Assistant since 1998. She had multiple medical conditions, including depression and physical limitations from a congenital missing right forearm/hand and carpal tunnel syndrome in her left arm/hand.
The arrangement that worked. For approximately four years, she used a schedule that let her arrive at 10:00 a.m. She would work until 6:30 p.m., earning extra time during the day that covered the 9:30–10:00 a.m. window. The system worked. She was productive. No problems were documented.
Then leadership changed. In 2008, new management informed her that the flexibility would end. She would now need to arrive by 9:30 a.m.—the start of core hours—like everyone else.
She requested accommodation. She submitted a formal reasonable accommodation request, explaining that she needed the later start time to complete morning exercise recommended for her depression and to have adequate preparation time given her functional limitations.
Management said no. The agency denied her request, citing security concerns about her leaving after other staff and arguing that she already had flexibility because she could arrive anytime between 6:30 a.m. and 9:30 a.m.
Why the EEOC Reversed the Agency
The EEOC’s analysis was direct and practical:
- The agency’s solution didn’t address the actual problem
Telling someone they can arrive earlier (6:30–9:30 a.m.) doesn’t help when their documented need is to arrive later. The employee wasn’t asking for random flexibility—she was asking to maintain a specific accommodation tied to specific medical limitations.
- The track record mattered
The schedule had functioned successfully for about four years. This history directly undermined the agency’s claims that the accommodation would create undue hardship or pose a direct threat.
- Security concerns weren’t backed by evidence
The agency raised concerns about the employee being alone in the office when leaving at 6:30 p.m. The EEOC noted that defenses like direct threat and undue hardship require individualized, objective assessment—not speculation. Since the arrangement had worked without incident for years, the agency’s concerns weren’t supported by the actual record.
What the EEOC Ordered
The Commission remanded the case with specific instructions:
- Provide the schedule accommodation (10:00 a.m. to 6:30 p.m. with credit time)
- Restore leave the employee had to use because of the denial
- Process compensatory damages
- Provide management training on reasonable accommodation
- Consider disciplinary action for the officials involved
Why This Matters for You
Long-standing accommodations aren’t automatically protected. New leadership can—and often does—reset expectations. What worked under one supervisor may be challenged by the next.
Flexibility isn’t the same as accommodation. Being told you can arrive between 6:30 and 9:30 doesn’t help if your limitation requires arriving at 10:00. Generic options aren’t substitutes for addressing specific needs.
Your work history is evidence. If an accommodation has worked successfully for months or years, that track record can undermine claims of hardship or threat.
Documentation matters more than you think. Clear timelines, emails, and records showing how your accommodation functioned can be the difference between being seen as noncompliant versus being understood as someone managing a real limitation.
Practical Steps If This Is Happening to You
If you’re facing a denied or rescinded accommodation:
- Build a timeline. Document dates of requests, denials, meetings, and any changes in expectations.
- Preserve evidence. Keep accommodation forms, emails, and written explanations for denials.
- Identify witnesses. Who attended key meetings? Who observed how the accommodation worked over time?
- Keep communication professional. Assume your messages could be reviewed later in an investigation or appeal.
- Document impact. Track how the schedule change affects your attendance, leave usage, or performance—with specific dates.
- Understand your pathways. The EEOC federal sector process has specific rules and deadlines. Waiting can reduce your options.
- Watch for retaliation. If you suspect pushback is connected to your accommodation request, document that too.
How Federal Employment Attorneys Can Help
When medical limitations, schedule expectations, and EEO activity intersect, it can be difficult to know what matters most. Federal employment attorneys can:
- Explain federal-sector rules and procedures (including 29 CFR Part 1614)
- Review accommodation denials and agency defenses for consistency with the record
- Organize evidence and timelines for investigation, hearing, or appeal
- Advise on how EEO issues may interact with other forums, including MSPB when adverse actions occur
A Note from Southworth PC Leadership
A schedule accommodation isn’t a perk—for many federal employees, it’s what makes consistent, high-quality work possible. When an agency changes course, clear documentation and a steady strategy matter. — Lydia Taylor, Co-Owner of Southworth PC
Talk With Our Team
Southworth PC supports federal employees navigating accommodation denials, performance fallout, and EEO strategy decisions—serving federal employees nationwide and abroad.
Frequently Asked Questions
What is a reasonable accommodation in the federal workplace?
A reasonable accommodation is an adjustment that enables an otherwise qualified employee with a disability to perform the job’s essential functions. Examples include flexible schedules, modified equipment, or adjusted work environments.
Can a flexible start time be a reasonable accommodation?
Yes. In this case, the EEOC concluded the agency failed to provide an effective accommodation when it required arrival by 9:30 a.m. and ended the employee’s ability to start at 10:00 a.m. using credit time.
When should I talk to a federal employee EEO attorney?
If an accommodation is denied, rescinded, or reframed as a performance issue—especially if you fear retaliation—speaking with an attorney early can help you preserve evidence and understand your options.
When do MSPB attorneys get involved?
MSPB attorneys typically handle appealable adverse actions like removals or certain suspensions. This case was an EEOC accommodation matter, but many federal employees encounter situations where MSPB and EEO issues overlap.
Where can I verify official rules and information?
Federal-sector EEO regulations are in 29 CFR Part 1614. For MSPB information, consult the official MSPB site. For whistleblower processes, see the Office of Special Counsel (OSC) official site.
Disclaimer
This post is informational only and not legal advice. Reading this post does not create an attorney-client relationship. Outcomes depend on facts and evidence in each individual matter. Southworth PC did not represent any party in this matter.