[blindlaw] Reasonable Accommodations and Government Employers

[joshjsmith at charter.net]

I don't' think you hurt your grounds for appeal if you take the other 
job.  It may be that the offer of this position is OK.  Is the salary 
the same or less?  That would be my first question and not just because 
we all have bills to pay but because they offered you the job, you 
passed all the requirements and at the last minute they pull it from you 
due to something they should have realized was a problem long ago.


On Sat, Jul 7, 2012 at 12:50 PM, Joe wrote:

> 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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