“$HEADS UP$”, TELEWORK GRIEVANTS
We have reminded readers several times that when the grieve telework denials they should ask to be reimbursed for the mileage they racked up coming to the office when they should have been allowed to work from home. EEOC issued a recent decision that might help unions convince managers and arbitrators that mileage reimbursement is allowed when employees are forced to commute in violation of an agency obligation. Newton, a TVA employee, was forced to leave his TVA job because the agency refused to accommodate his disability (pseudofolliculitis barbae). The agency revoked his security clearance due to his inability to shave because the Agency changed the gas masks it used to one that required a person not to have any facial hair. That left him no choice but to resign and seek work elsewhere. Among the remedies the employee requested was that the agency reimburse him for the mileage costs he incurred by having to take a new job elsewhere. The EEOC wrote:
We agree with Complainant that he is entitled to be reimbursed for the mileage he incurred for his commute to the new employment he took when he lost his job at the Agency due to its failure to accommodate him. Contrary to the Agency’s argument on appeal, we find that Complainant has provided sufficient documentation to support his request. Complainant submitted a copy of one of his pay stubs from his new employer, indicating that in one week, he worked 40 hours, which is consistent with 5 working days. Complainant also submitted a chart documenting the number of days he worked in any given period. Under the circumstances, we find that this is sufficient documentation of his entitlement to mileage. See Marybeth C. v. Dep’t of Health and Human Srvcs., EEOC Appeal No. 0120170811 (June 11, 2019) (affirming an Agency’s award of mileage reimbursement where it was supported only by the complainant’s own statement). We therefore find that Complainant is entitled to mileage damages in the amount of $6,696.20.
As we read through the case, we thought often of the employees who the Mango Maniac forced off telework, thereby requiring them to incur mileage or other commuting costs. We have our fingers crossed that unions can succeed in getting employees reimbursed for this unnecessary expense. If they can squeeze some back pay out of the telework cases, they will also likely be entitled to attorney fees for the union.
By the way, EEOC also ordered TVA to reinstate the employee with back pay and benefits, pay him an additional $55,000.00+ in compensatory damages, and attorney fees.
For more details, check out Newton P., v. Bill Renick, Chair, TVA, EEOC No. 2025002567 (2026)
