In Toland v. Office of Personnel Management, Appeal No. 0120081214 (June 9, 2011), the U.S. Equal Employment Opportunity Commission, Office of Federal Operations, held that an Agency is not required to reasonably accommodate an applicant when the applicant requests a reasonable accommodation after the vacancy announcement closing date.
The Appellant was an applicant for an administrative law judge position with the U.S. Office of Personnel Management. The vacancy announcement, posted on USAJOBS, closed on May 9, 2007. On May 10, 2007, the Appellant emailed the Agency stating that she was a "Schedule A handicapped applicant" and requesting a reasonable accommodation. On June 1, 2007, the Appellant received a response advising her that the vacancy announcement had closed prior to her request for reasonable accommodation and that any such request had to be made while the announcement was open. The Appellant then filed a complaint that the Agency had discriminated against her on the basis of her disability when it denied her request for reasonable accommodation in the application process.
The Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities. Under the EEOC's regulations, an agency is required to make reasonable accommodation to the known physical and mental limitations of qualified individuals with a disability unless the Agency can show that accommodation would impose an undue hardship. For applicants for employment, the Commission's policy states that an employer must provide a reasonable accommodation to a qualified individual with a disability that will enable that individual to equally participate in the application process.
In the Toland case, the announcement provided instructions for requesting a reasonable accommodation while the announcement was open. The Commission held that the application process and the Agency's obligation to accommodate the applicant during that process, terminated on May 9, 2007, the date the announcement was closed.
For qualified individuals who are applying to federal sector employment, this decision presents a good reminder to carefully examine the language in the vacancy announcement regarding requesting a reasonable accommodation.
The Appellant was an applicant for an administrative law judge position with the U.S. Office of Personnel Management. The vacancy announcement, posted on USAJOBS, closed on May 9, 2007. On May 10, 2007, the Appellant emailed the Agency stating that she was a "Schedule A handicapped applicant" and requesting a reasonable accommodation. On June 1, 2007, the Appellant received a response advising her that the vacancy announcement had closed prior to her request for reasonable accommodation and that any such request had to be made while the announcement was open. The Appellant then filed a complaint that the Agency had discriminated against her on the basis of her disability when it denied her request for reasonable accommodation in the application process.
The Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities. Under the EEOC's regulations, an agency is required to make reasonable accommodation to the known physical and mental limitations of qualified individuals with a disability unless the Agency can show that accommodation would impose an undue hardship. For applicants for employment, the Commission's policy states that an employer must provide a reasonable accommodation to a qualified individual with a disability that will enable that individual to equally participate in the application process.
In the Toland case, the announcement provided instructions for requesting a reasonable accommodation while the announcement was open. The Commission held that the application process and the Agency's obligation to accommodate the applicant during that process, terminated on May 9, 2007, the date the announcement was closed.
For qualified individuals who are applying to federal sector employment, this decision presents a good reminder to carefully examine the language in the vacancy announcement regarding requesting a reasonable accommodation.
Ms. Whitfield represents federal sector employees nationwide. If you would like to discuss your employment issue, please contact Ms. Whitfield for a consultation at 301.869.8774, or via the online consultation form.
This blog is not intended to provide legal advice or representation but rather to provide very general information regarding a variety of subject areas. The viewing of this information does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation.
This blog is not intended to provide legal advice or representation but rather to provide very general information regarding a variety of subject areas. The viewing of this information does not create or establish an attorney-client relationship. Further, this information should not be relied upon without first consulting with an attorney regarding your specific situation.
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