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Fedfox  
#1 Posted : Saturday, July 6, 2019 3:11:25 PM(UTC)
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If, according to OPM an agency can apply medical standards to new hires but not to incumbent employees; and, The agency inquires into an employees medical abilities applying the “Direct threat” standard; Are they required to offer the reasonable accommodation?

What if the employee’s medical condition does not meet the legal standard of a disability? Instead, their medical condition causes a direct threat of a future disability. That threat could be mitigated by a reasonable accommodation. Would the agency be able to refuse to give them a reasonable accommodation and terminate their employment? Or would the agency be obligated to give the employee a reasonable accommodation?

All the case law I have seen has been applied to new employees or employees applying for new positions within the same agency. I am not seeing an appellate decision regarding incumbent employees...
frankgonzalez  
#2 Posted : Monday, July 8, 2019 4:19:52 AM(UTC)
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Originally Posted by: Fedfox Go to Quoted Post
If, according to OPM an agency can apply medical standards to new hires but not to incumbent employees; and, The agency inquires into an employees medical abilities applying the “Direct threat” standard; Are they required to offer the reasonable accommodation?

What if the employee’s medical condition does not meet the legal standard of a disability? Instead, their medical condition causes a direct threat of a future disability. That threat could be mitigated by a reasonable accommodation. Would the agency be able to refuse to give them a reasonable accommodation and terminate their employment? Or would the agency be obligated to give the employee a reasonable accommodation?

All the case law I have seen has been applied to new employees or employees applying for new positions within the same agency. I am not seeing an appellate decision regarding incumbent employees...
I have no clue what you are asking and I work in this area!

But that said:
Medical standards CAN apply to current employees, it just depends on the job. Law Enforcement has physical standards they have to meet, as do Air Traffic Controllers. And so on. It all depends on the specific facts of the situation.

If you do not have a disability, then you are not legally required to be considered for an accommodation...and as such the agency is not likely to even engage once the lack of a disability has been determined. Even if eventually you are highly likely to end up with a disability, no accommodation is needed prior to that point.

So...what medical condition is a "direct threat" that will get you fired?



You should have voted Cthulu...the greatest of all Evils
Fedfox  
#3 Posted : Monday, July 8, 2019 4:55:13 AM(UTC)
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Thank you Frank! You have answered my question.
An agency can inquire into a person’s medical records, claim the individual does not have a disability, claim they are at risk of future harm and deny them a reasonable accommodation. I was thinking that in order to make the inquiry the agency would need to have the perception that the individual has a disability (unless they have the authority to inquire from OPM). I also thought that the direct threat analysis would trigger the requirement of a reasonable accommodation because you can only be a direct threat if the threat cannot be eliminated or mitigated by a reasonable accommodation.

I am guessing this is one of those scenarios which need to be decided by an AJ.

DaVinci95  
#4 Posted : Monday, July 8, 2019 5:13:19 AM(UTC)
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>>Enjoy Vogon poetry
frankgonzalez  
#5 Posted : Monday, July 8, 2019 6:52:55 AM(UTC)
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Originally Posted by: Fedfox Go to Quoted Post
Thank you Frank! You have answered my question.
An agency can inquire into a person’s medical records, claim the individual does not have a disability, claim they are at risk of future harm and deny them a reasonable accommodation. I was thinking that in order to make the inquiry the agency would need to have the perception that the individual has a disability (unless they have the authority to inquire from OPM). I also thought that the direct threat analysis would trigger the requirement of a reasonable accommodation because you can only be a direct threat if the threat cannot be eliminated or mitigated by a reasonable accommodation.

I am guessing this is one of those scenarios which need to be decided by an AJ.

I still have no clue what you are saying,...and at least Vogon poetry has some semblance of structure, no matter how bad it is (still only the 2nd worst poetry in existence). I am not your lawyer and not offering legal advice and simply tried to answer the very limited point of can an agency inquire into medical issues for incumbent employees. The answer is "depends on the job and situation." You failed to provide ANY context for the rambling posts you have made, so you may be running into a fight that is not winnable thinking you got advice. You may have a legitimate complaint...but we cannot say either way due to the lack of context for anything you posted so far.

Many questions to be answered first:

How did they inquire into a person's medical records?
Was a request for a reasonable accommodation made?
Did something happen while on or off duty to suggest the employee has a disability?

And this is just the start. The answers to each of these leads to other questions.


You should have voted Cthulu...the greatest of all Evils
Fedfox  
#6 Posted : Monday, July 8, 2019 8:02:45 AM(UTC)
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I am realizing my question isn’t that simple. I did not expect to frustrate you. I did not provide details because I don’t want to put my personal information on the forum. I am trying to understand the process. I thought I could ask my question at a higher level and get some clarity because I find the process confusing and thought it might give others some insight.

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