An arbitrator found that the agency violated the Rehabilitation Act and the agreement by denying the grievant a reasonable accommodation. As remedy, he directed the agency to grant the grievant a telework schedule, and awarded $30,000 in compensatory damages for the Rehabilitation Act violation. The FLRA upheld the award by dismissing two agency claims,i.e.,  1) the arbitrator didn’t account for the grievant’s partial responsibility for delaying the interactive process; and 2) the amount of compensatory damages didn’t account for the time during which the grievant was responsible for delays in the process. The FLRA explained that under the Rehabilitation Act, failing to make a good-faith effort to accommodate a qualified, disabled employee exposes an agency to liability for compensatory damages. AND THAT IS WHY A GRIEVANCE SHOULD NOT ONLY ALLEGE A CONTRACT VIOLATION, BUT ALSO AN EEO VIOLATION. Without the EEO allegation the employee would not have been entitled to the $30,000.00 in compensatory damages.  for more details, check out DoD, DLA and AFGE, local 1992, 71 FLRA 729 (2020) 

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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