[blindlaw] Reasonable Accommodations and Government Employers

[Dennis Clark]

Hello Joe,
Can you tell me where your located?
Best,
Dennis Clark

----- Original Message ----- 
From: "Joe" <jsoro620 at gmail.com>
To: <blindlaw at nfbnet.org>
Sent: Saturday, July 07, 2012 9:50 AM
Subject: [blindlaw] Reasonable Accommodations and Government Employers


> Hello,
>
>
>
> I'm hoping someone can give some guidance on a rather urgent issue.
>
>
>
> In 2010 I was given a conditional job offer with a federal agency as an
> intelligence analyst. I successfully passed the background investigation,
> and in January of this year I was finally given an office assignment and
> training date. I was supposed to have started my training next Monday, 
> July
> 16, but this past Friday I was called by one of the agency attorneys with
> the news that they did not feel I could complete the duties and
> responsibilities of an IA. There are graphics used that are an essential
> function of the job for which accommodations cannot be provided. Instead, 
> I
> was offered a position as management and program analyst, for which I am
> grateful but still very disappointed that I left my previous career to 
> take
> a job different from what had been promised.
>
>
>
> These are my questions:
>
>
>
> 1. There are at least two other blind IAs currently working in the agency.
> When I pointed this out to the attorney, she said they had been
> grandfathered into the new requirements for IAs. Is this legal? My
> understanding is that either a position can be performed by all qualified
> staff or it cannot. If I'm wrong, I welcome your thoughts on the issue.
>
>
>
> 2. What kind of metric is used in determining reasonable accommodations? I
> do not know what percentage of my specific job assignments requires the 
> use
> of graphics, and even though I plan to educate them on the use of Braille
> embossers to render certain diagrams, I would like to know to what degree
> human readers can be used to meet the definition of reasonable 
> accommodation
> and to what extent I can perform the other tasks of my job.
>
>
>
> 3. Does the agency cover itself by offering an alternative position? I 
> have
> looked at both general job descriptions, and a MAPA is not a clear
> substitute for an IA.
>
>
>
> 4. If I were to take the MAPA position while I try to resolve the issue of
> the IA position, will I be hurting my grounds for appeal? Other than my
> freelance business, I am unemployed, because I left my previous job with 
> the
> intent to start my new job shortly. I feel like this very tight timeframe 
> is
> leaving me with very little options.
>
>
>
> 5. Outside of the agency in question, what other resources may I pursue to
> plead my case, and perhaps more importantly, do you think I have a case to
> plead? I met all the security, suitability, and KSA requirements of the 
> job
> in question. I believe I ought to be able to go through the training
> program, and allow the training to determine whether I am capable of 
> meeting
> the responsibilities as is true of all other qualified employees in the IA
> program.
>
>
>
> In short, I appreciate anyone's help in clarifying this situation. The
> decision appears to be carried by the agency's EEO, so my natural option 
> for
> assistance is part of what is causing the problem. I would hate for the
> position of IA to be forever closed against all future qualified blind
> employees, so any referrals and/or suggestions would be very much
> appreciated.
>
>
>
> Sincerely,
>
>
>
> Joe
>
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