Welcome Guest! To enable all features please Login or Register.

Notification

Icon
Error

Federal Employees: You be the Judge


Get real-life reviews of key court cases involving federal employees. Share your opinion on the outcomes of these cases, or participate in other discussions about workplace issues that may impact your job.

Be civil when debating with others in the forum. Uncivil remarks toward any other forum member is prohibited on FederalSoup and should be reported immediately.


To read today's top news stories on federal employee pay, benefits, retirement, job rights and other workplace issues visit FederalDaily.com.

Options
Go to last post Go to first unread
Fedfox  
#1 Posted : Saturday, July 6, 2019 2:44:46 PM(UTC)
Fedfox

Rank: Member

Groups: Registered
Joined: 7/28/2017(UTC)
Posts: 13
United States

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 4:21:01 AM(UTC)
frankgonzalez

Rank: Senior Member

Groups: Registered
Joined: 8/8/2008(UTC)
Posts: 5,217

Thanks: 72 times
Was thanked: 967 time(s) in 770 post(s)
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...
As you have posted this twice:

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
Rss Feed  Atom Feed
Users browsing this topic
Guest
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.


This page was generated in 0.122 seconds.