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Office of Disability Rights
 

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Denying a Request for an Accommodation

The agency may reject an employee’s request for a reasonable accommodation for the following reasons:

  1. The employee is not an individual with a qualifying disability.A temporary impairment, such as a broken arm, is not significant enough to be considered a qualifying disability, taking into account its duration and the extent to which it actually limits a major life activity.
  2. The employee is unable to provide requested documentation from a medical professional that demonstrates that he/she has a qualifying disability.

The employee is able without an accommodation to:

  1. Perform the essential functions of the job or
  2. Participate in and/or benefit from the service or activity in an equally effective manner as employees without disabilities

- Or -

  1. Perform the essential functions of the job or
  2. The requested accommodation will not enable the employee to perform the essential functions of the job.
  3. The employee’s request for a reasonable accommodation is primarily for non-disability reasons, rather than because of a disability.
  4. The employee’s request for a reasonable accommodation would impose an undue hardship on the operations of the agency and there is no alternative reasonable accommodation.
  5. The employee’s requested accommodation would pose a direct threat to health or safety.

When denying a requested accommodation, the agency must consider available alternative accommodations that would be reasonable and effective and would not constitute an undue hardship or direct threat.

An employee who believes s/he has been wrongly denied a reasonable accommodation may:

  • Request reconsideration by the agency
  • File a complaint with the agency EEO Counselor or ADA Coordinator
  • File a complaint with the DC Office of Disability Rights
  • File a complaint with the DC Office of Human Rights
  • File a complaint with the federal Equal Employment Opportunity Commission