Workplace Rights and Protections Flashcards

Which federal law prohibits discrimination against federal employees on the basis of disability and requires reasonable accommodation?

Answer: The Rehabilitation Act of 1973

The Rehabilitation Act of 1973, not the ADA, is the primary law prohibiting disability discrimination in federal employment. Section 501 of the Act requires federal agencies to take affirmative action in hiring and promoting individuals with disabilities and to provide reasonable accommodation.

What is a 'reasonable accommodation' in the context of federal disability employment law?

Answer: A modification to a job, work environment, or the way work is performed that enables a qualified person with a disability to perform the essential functions of the job

A reasonable accommodation is any change to the application or hiring process, work environment, job duties, or the way work is performed that allows a qualified person with a disability to perform the essential functions of the job or enjoy equal employment benefits.

Under the Federal Employees' Compensation Act (FECA), what type of injuries are covered?

Answer: Injuries sustained in the performance of duty, including diseases caused by employment conditions, without regard to fault

FECA provides workers' compensation benefits to federal employees for job-related injuries and diseases sustained in the performance of duty, regardless of whether the employee or government was at fault.

What is the Equal Employment Opportunity (EEO) complaint process timeframe for initiating informal counseling after a discriminatory event?

Answer: 45 calendar days from the discriminatory act or effective date

Federal employees must contact an EEO Counselor within 45 calendar days of the discriminatory act (or the date they knew or should have known of the act) to initiate the informal counseling process under 29 C.F.R. Part 1614.

Which federal agency enforces prohibited personnel practice complaints filed by most federal employees?

Answer: Office of Special Counsel (OSC)

The Office of Special Counsel (OSC) is the independent federal agency that investigates prohibited personnel practice complaints, including retaliation against whistleblowers, and may seek corrective action from MSPB or file disciplinary action referrals.

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), what reemployment right does a returning service member have after completing a period of active duty lasting more than 90 days?

Answer: Reemployment in the position the employee would have attained had continuous employment not been interrupted (the 'escalator principle')

Under USERRA's 'escalator principle,' a returning service member is entitled to reemployment in the position they would have attained had their employment not been interrupted by military service — including any promotions, pay increases, or seniority that would have occurred during the absence.