Persons with disabilities constitute one of the largest and most marginalized groups within American society. Despite claims by Secretary McDonough to not tolerate discrimination based on disability, recent events have shed light on a stark reality. An Arbitrator’s ruling unveiled that Dr. Gerard Cox and April Ahrendt, senior officials within the Veterans Health Administration, unlawfully discriminated against an employee due to her disability. Witnessing the ordeal firsthand, Steve Eckerman, the Local 17 steward assigned to the case, found it both distressing and disheartening to observe the mistreatment endured by a VHA employee, despite his exhaustive attempts at informal resolution. Despite initial setbacks, Eckerman’s perseverance led him to pursue arbitration, ultimately resulting in a favorable outcome.
This employee’s ordeal began last year when AFGE Local 17 received a distressing email from an employee who had requested full-time telework as a reasonable accommodation due to her qualifying disability. Her request was unlawfully denied. Consequently, she was issued a proposed removal simply because Dr. Cox and Ms. Ahrendt insisted on her physical presence in the office every Wednesday. Facing potential destitution, the employee reluctantly accepted a position two grades lower in another office. Ms. Ahrendt and Dr. Cox denied the employee’s grievance at every step.
During the arbitration hearing, the Agency asserted that the employee’s physical presence in the office for eight hours one day per week was indispensable to fulfill her essential job functions, citing potential undue hardship if this requirement wasn’t met. Additionally, they claimed to have conducted a thorough job search to find an alternative position for the employee. However, the Arbitrator found these claims unconvincing. Dr. Cox’s arrogance was evident as he insisted on the title “Doctor” while addressing the employee by her first name, highlighting the power imbalance. He also took the opportunity to remind Mr. Eckerman of his importance and the number of employees he supervises.
Fortunately, Arbitrators are generally not impressed with titles and degrees when assessing one’s credibility. The Arbitrator ruled in favor of the employee, finding that the Department had not demonstrated the necessity of the employee’s physical presence in the office one day a week or adequately fulfilled its obligation to conduct a job search. Furthermore, it was determined that the employee’s acceptance of the lower-paying position was not voluntary but coerced by economic hardship, rendering the Department’s actions unjustified.
The Arbitrator ordered the Department to reinstate the employee with full back pay plus interest, as well as restoration of leave she was required to take due to the Department’s disability discrimination by Dr. Cox and Ms. Ahrendt.
We at the VA Central Office express our deep gratitude for Steve Eckerman’s unwavering dedication as an advocate for our employees.
Douglas E. Massey, Esq.
President
AFGE Local 17
