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February 26, 2025 15 mins
Episode Summary:

In this episode, host Kevin Rosenquist and federal employment attorney Eric L. Pines discuss the common mistakes federal employees make when requesting workplace accommodations. With recent policy changes affecting federal employees, it's more important than ever to understand your rights under the Rehabilitation Act (ADA for federal employees). Eric shares insights on the interactive process, how to effectively communicate accommodation requests, and what steps to take if a request is denied or delayed.

Key Topics & Timestamps:
  • [00:00] Introduction to the Show
    • Overview of Empowering Workers and introduction to Eric L. Pines
  • [00:47] Common Mistakes When Requesting Accommodations
    • Not submitting a formal written request
    • Assuming full-time remote work is a protected right
    • The importance of demonstrating how an accommodation allows essential job functions
  • [03:56] What to Do If Your Request Faces Delays
    • Following up with agencies
    • When to escalate and file a claim
    • The importance of legal representation in prolonged cases
  • [05:27] Steps to Take If an Accommodation Request is Denied
    • Asking for reconsideration
    • How often you can request accommodations
    • Strengthening your request with medical documentation
  • [07:16] Effectively Communicating Your Needs
    • How to articulate why an accommodation is necessary
    • The role of a doctor’s letter in the process
    • Avoiding pitfalls that could lead to job termination
  • [10:52] Legal Recourse for Failure to Engage in the Interactive Process
    • What to do if an agency refuses to engage
    • Understanding "effective accommodations" vs. "preferred accommodations"
    • Filing an EEO case for failure to accommodate
  • [13:30] Best Practices to Avoid Common Pitfalls
    • Researching the Rehabilitation Act and ADA
    • Leveraging resources like the Job Accommodation Network (JAN)
    • When to consult an attorney for assistance
  • [14:30] Conclusion & How to Connect
    • Visit pinesfederal.com for legal assistance
    • Like, subscribe, and leave a review to support the podcast
About the Show:

Empowering Workers: Federal Employees Disability and Employment Rights and Social Security Disability for All is a podcast dedicated to helping federal employees navigate their employment rights, accommodations, and social security disability benefits. Hosted by Kevin Rosenquist, the show features expert insights from Eric L. Pines, a nationally recognized federal employment lawyer.

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