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Reasonable accommodations, DOGE, and the high cost of "government efficiency"
Feds in multiple agencies are reporting that their HR offices have taken over their agencies' reasonable accommodation processes. I suspect this is at least partially a function of agencies DOGEing their EEO offices, or anyone associated with "DEIA" programs. And as those infamous DOGE depositions tell us, the DOGE bros who sat in the Treasury Department's financial control room in early 2025, yanking fuses and pushing buttons, couldn't even define that term. This is a problem for three reasons that will result in needless suffering for workers and liability for agencies.First, it's directly contrary to EEOC Management Directive 110, which requires agencies to protect the independence and impartiality of their EEO complaint processes ("the agency's personnel function must be kept separate from the EEO complaint process"). The first time an agency forces me to litigate one of these cases, I'm going to make that an issue in discovery. If I can show prejudice to my client, I'll also argue for damages and sanctions.Second, it puts the RA process in the hands of people who are not trained in the Rehabilitation Act and consistently get it wrong, such as by suggesting that Leave Without Pay and FMLA leave are appropriate accommodations for people who are ready, willing, and able to telework. Or by asking for unnecessarily intrusive medical documentation. Or by oversharing medical information. Or by simply by letting RA requests go unanswered for months while employees with disabilities undergo extreme pain, can't continue to do their jobs, and end up being put on PIPs or counted AWOL.Third, it puts the RA process into the hands of people who are not impartial, but who advise and represent management. This isn't a dig against HR staff, but they're under orders to carry out the management's policy prerogatives, and their natural bias is to treat RA requests that are bothersome to managers or contrary to Trump's policies as disciplinary problems. That leads to conduct that EEOC AJs are likely to call "bad faith," such as by issuing "final" accommodation denials that cut off the interactive process.In the end, the result of this will be more liability for agencies and higher attorney fee awards. Under the NO FEAR Act, agencies will pay those costs from their appropriations, which means that in the end, DOGE's idea of government efficiency is going to cost the taxpayers a lot of money.
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https://www.reddit.com/r/fednews/comments/1s7r23p/reasonable_accommodations_doge_and_the_high_cost/?utm_source=ifttt
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