KCNF’s Aaron Herreras Szot recently joined the Federal Drive podcast with Tom Temin to discuss the impact of the recent presidential memorandum mandating federal employees’ return to in-person work and its implications for employees with disabilities.
In the podcast, Szot provided valuable insights into:
- Telework as a Reasonable Accommodation: Telework has long been recognized as an effective accommodation under the Rehabilitation Act of 1973. Szot explained that it will be challenging for federal employers to revoke previously granted telework accommodations without demonstrating a significant change in job requirements, undue hardship, or other legitimate reasons.
- Interactive Process: Employers and employees must engage in an individualized dialogue to determine accommodations that meet both the employee’s needs and the agency’s operational requirements.
- Case-by-Case Assessment: Blanket policies cannot be used to deny accommodations. Each request must be evaluated individually to ensure compliance with legal obligations.
- Challenges in Implementation: Szot highlighted the gray areas, such as accommodating an employee’s commute, and underscored the importance of agencies fully understanding their obligations under the law.
Szot also discussed the importance of agencies balancing their operational needs with their statutory responsibilities to provide reasonable accommodations, noting that not all federal employers are fully informed of their obligations under the Rehabilitation Act.
For employees concerned about how the return-to-office mandate may affect their accommodations or those seeking assistance navigating this process, Szot emphasized the role of attorneys in ensuring their rights are upheld.
Listen to the full podcast here or below.
How the return-to-office order affects people with disabilities
Host Tom Temin with Guest Aaron Herreras Szot