Need to KNow

 

However, the federal employee who oversees your work on site is not actually your employer.  Your employer is the contracting company and the federal government is buying services from the company you work for.  The contracting officer (or the fed in charge of negotiating the contract) can, as a part of the contract, require that your position be an onsite position.  You don't really have rights of negotiation with the federal government on a telework accomodation.  All that you can really argue is that the federal building or office has to be handicap accessible.  What you CAN do, however, is require reasonable accomodation for your disability from your actual employer.  This may mean that until your wound has been successfully treated, shifting you to another position that CAN be teleworked.

 

I'm sorry you're in this terrible position, but because you aren't a federal employee, you can't really demand as much in the way of accomodation from the federal work site (and what accomodation is provided has to be worked out with your employer).  I know this doesn't help you at all in the position you're in right now, but if you haven't already considered it, perhaps you should consider a switch from contractor to fed.  The pay is often a bit less, but the benefits are usually better, you have better job security, and on top of that, you have more rights than you generally do as a contractor.  A great many fed jobs are "bargaining unit" positions (or jobs for which a union will stick up for you).  If you WERE a fed, you'd have a lot more leverage to argue for reasonable accomodation from your federal supervisors.  Also, I don't know if you're aware, but there are special rules and hiring authorities that exist to make it easier for the disabled to land a government job, and I know that where I work, at least, there has been a push to hire more of the disabled to make sure that that population isn't being overlooked.  I don't know how well it really smooths the process, but at least from the fed side of things, it seems to me that the federal government as an employer, usually does take reasonable accomodation seriously, so I would recommend trying to get a fed job.  If not though (or in the meantime) don't bother bringing it up with your fed supervisor, but try bringing it up with your supervisors from the company you work for.

 

SUBJECT: EEOC COMPLIANCE MANUAL

PURPOSE: This transmittal covers the issuance of Section 2 of the new Compliance Manual on "Threshold Issues." The section provides guidance and instructions for investigating and analyzing coverage, timeliness, and other threshold issues that are generally addressed when a charge is first filed with the EEOC.

EFFECTIVE DATE: Upon receipt

2-III COVERED PARTIES

A charge must allege that a covered entity took a discriminatory action against a covered individual.

A. Covered Individuals⁽⁶⁶⁾

 

2 - A staffing firm hires CP and sends her to perform a long- term accounting project for a client. Her contract with the staffing firm states that she is an independent contractor. CP retains the right to work for others, but spends substantially all of her work time performing services for the client, on the client s premises. The client supervises CP, sets her work schedule, provides the necessary equipment and supplies, and specifies how the work is to be accomplished. CP reports the number of hours she has worked to the staffing firm, which pays her and bills the client. In these circumstances, despite the statement in the contract that CP is an independent contractor, she is an employee of both the staffing firm and the client.