Date: July 17, 2024
Federal Employment Law Training Group reported on TELG case Pelton v. DeJoy while discussing how long an accommodation process can reasonably be dragged out before an employer might find themselves facing a lawsuit. In Pelton v. DeJoy , Valerie Pelton was hired by the U.S. Postal Service and waited four years for accommodations for her disabilities. Ms. Pelton, represented by TELG principal Kellee Kruse, filed a lawsuit under the Rehabilitation Act.
[EXCERPT]
How Long is Too Long for Delay on Reasonable Accommodations?
They say patience is a virtue. Does that mean the interactive process on an employee’s reasonable accommodation can go at a snail’s pace?
Not according to the court in Pelton v. DeJoy, No. 19-1766 (D.D.C. May 3, 2024), which indicated a four-year timeline between request and accommodation would be a delay too long to withstand a failure-to-accommodate challenge under the Rehabilitation Act.
The case involved an attorney hired by the U.S. Postal Service in 2013. Her disabilities included a spinal cord injury, cervical fusions, bilateral thoracic outlet syndrome, nerve damage, depression, and a genetic clotting disorder. During her time with the USPS, the attorney was diagnosed with or treated for peripheral nerve entrapment, carpal tunnel syndrome, tendon and ligament tears, tremors, anxiety, depression, chronic insomnia, and weight gain.
The attorney said she requested an ergonomic chair, desk, keyboard, and mouse during her first week on the job. She presented these requests to the employee who conducted her orientation, however, was told that there was no room in the budget. Instead, she was shown “a room full of broken office equipment” from which she was expected to select something that would work for her.
