An employee is disabled under the Rehabilitation Act if the employee has a mental or physical impairment which substantially interferes with one or more major life activities. Major life activities include sleeping, standing, walking, running, bending, bathing, breathing, otherwise caring for yourself, and many, many more. A disability can be either physical, such as arthritis, paralysis, or even cancer, or mental, like depression or PTSD.
An employee who suffers from a disability is considered a qualified employee so long as he or she is able to perform the essential functions of his or her position with or without reasonable accommodation.
An employer may not discriminate against an employee because of his or her disability. Additionally, an employer may not refuse to offer reasonable accommodation to an otherwise-qualified, disabled employee. In order to refuse to make an accommodation, an employer must prove that the requested accommodation would be an undue hardship, and that no other options for accommodation exist.
If you are disabled, you are entitled to reasonable accommodation, and a workplace free from discrimination. If you believe that you are being discriminated against because of your disability, or your employing agency has denied you a reasonable accommodation, the federal employee attorneys at Melville Johnson, P.C. may be able to help. Call or message us today to discuss your claim and learn how we can assist you.