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Case SUMMARY

U.S. Office of Personnel Management

A federal employee retained us to respond to a proposed removal for unacceptable performance.  Our client had previously completed a performance improvement plan (PIP).  However, because she failed to maintain a certain level of performance under the critical element of timeliness for the one-year period after the PIP, the agency could propose her removal without placing her on another PIP.  In working with the client, we realized that the job performance issues were related to her disability.  Additionally, the agency denied our client’s requests for reasonable accommodations.  In the written response and at the oral reply, we argued that the proposed removal was the result of the agency’s failure to provide reasonable accommodations.  Based on our arguments, the agency rescinded the proposed removal, offered our client a last chance agreement, and granted our client’s request for a transfer as a reasonable accommodation.

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