Magazine article HRMagazine

Worker Denied Flexible Schedule May Pursue Claim

Magazine article HRMagazine

Worker Denied Flexible Schedule May Pursue Claim

Article excerpt

Solomon v. Vilsack, D.C. Cir., No. 12-5123.

An employee who was denied the ability to work a flexible schedule as a reason- able accommodation for her disability may proceed with her claim to trial, the U.S. Court of Appeals for the D.C. Cir- cuit ruled.

Linda Solomon, a budget analyst for the U.S. Department of Agriculture, had chronic depression. Solomon encountered problems when she asked to work a flex- ible schedule as an accommodation for her ongoing depres- sion. More specifically, Solomon asked to use a "maxiflex" schedule, which would allow her to work a sched- ule that could vary from day to day in terms of the number of hours worked and when those hours were worked.

Solomon submitted a doctor's note that supported her request for a flexible work schedule due to her ongoing depression, although it did not state in precise detail the proposed schedule she should be able to work.

Agency person- nel denied Solomon's request. They took the position that Solomon needed to provide more medical documentation to justify her requested accommodation. …

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