Beginning this week and over the next 7 issues, the Federal Legal Corner will address a variety of topics concerning the Rehabilitation Act. The Rehabilitation Act of 1973 provides disabled Federal employees with important job protections. Although most people are familiar with the Americans with Disabilities Act (ADA), which applies to private-sector employees, it is the Rehabilitation Act that applies to Federal employees. It should be noted that although the ADA and the Rehabilitation Act apply to different sectors of employees, the two laws are interpreted and implemented in substantially the same manner.
The Rehabilitation Act prohibits Federal agencies from discriminating against disabled employees. This prohibition of discrimination against individuals with disabilities is really no different than prohibiting discrimination against people based upon their race, religion, sex, national origin or age. The Rehabilitation Act also requires Federal agencies to reasonably accommodate Federal employees who have qualifying disabilities.
Determining if and when a reasonable accommodation is required is the most complicated area of the Rehabilitation Act. In short, in order to be entitled to reasonable accommodation, an employee must have a medical condition (physical or mental) that substantially affects a major life activity. Assuming the employee has a medical condition that substantially affects a major life activity; the employee will only be entitled to reasonable accommodation if he/she can perform the essential functions of his/her job with or without reasonable accommodation. Further, if the employer can prove that any reasonable accommodation would impose an undue hardship on the agency, then the employer is not required to provide the accommodation.
Notwithstanding the important rights the Rehabilitation Act affords Federal employees, the law itself can be complicated to understand and apply. Therefore, in the next 7 issues of the Federal Legal Corner, we will address a number of subjects that typically arise in evaluating a claim under the Rehabilitation Act. Specifically, the Federal Legal Corner will address the following topics: (1) What disabilities are covered by the Rehabilitation Act; (2) What is a “major life activity;” (3) How is a major life activity “substantially affected;” (4) What is a “reasonable accommodation;” (5) What constitutes an “undue hardship;” (6) How to request reasonable accommodation; and (7) What to do if a reasonable accommodation is not provided.
** This information is provided by the attorneys at
Passman & Kaplan, P.C., a law firm dedicated to the
representation of federal employees worldwide. For more
information on Passman & Kaplan, P.C., go to
