Breadcrumb

Administrative Investigation, Failure to Comply with Americans with Disabilities Act and VA Policy, Veterans Health Administration

Report Information

Issue Date
Report Number
13-02649-120
VA Office
Veterans Health Administration (VHA)
Report Author
Office of Investigations
Report Type
Administrative Investigation
Recommendations
5
Questioned Costs
$0
Better Use of Funds
$0
Congressionally Mandated
No

Summary

Summary
The Veterans Health Administration (VHA) Medical Center Director failed to meet reasonable accommodations (RA) confidentiality requirements by disclosing an employee’s confidential medical information to unauthorized VA managers, medical staff, and other employees. In addition, the Director improperly appointed herself Designated Management Official (DMO), substituted her medical judgment for that of an employee’s physicians, delayed accommodating the employee while gathering additional, unnecessary medical information, and neglected to provide the employee avenues of redress when she denied the employee’s RA request. Further, the VHA Medical Center Equal Employment Opportunity (EEO) Program Manager and Local Reasonable Accommodations Coordinator (LRAC) failed to implement the 2008 Americans with Disabilities Act Amendments and subsequent Equal Employment Opportunity Commission (EEOC) guidance, after receiving directions from VA’s Office of Diversity and Inclusion. The LRAC violated confidentiality requirements when she consulted VHA physicians and revealed the nature of the employee’s condition to the DMO and others and failed to follow VA policy when she composed an RA denial letter without providing avenues of redress for the VA employee. Further, a Regional Counsel Staff Attorney failed to provide proper advice to the LRAC concerning the employee’s prospective RA, as she told the LRAC that RA guidelines did not recognize the employee’s medical condition as a disability.

Open Recommendation Image, SquareOpenClosed and Implemented Recommendation Image, CheckmarkClosed-ImplementedNot Implemented Recommendation Image, X character'Closed-Not Implemented
No. 1
Closed and Implemented Recommendation Image, Checkmark
to Veterans Health Administration (VHA)
We recommend that the Deputy Under Secretary for Health Operations and Management (DUSHOM) confer with the Offices of Human Resources (OHR) and General Counsel (OGC) to determine the appropriate administrative action to take, if any, against the Director.
No. 2
Closed and Implemented Recommendation Image, Checkmark
to Veterans Health Administration (VHA)
We recommend that the DUSHOM confer with OHR and OGC to determine the appropriate administrative action to take, if any, against the LRAC.
No. 3
Closed and Implemented Recommendation Image, Checkmark
to Veterans Health Administration (VHA)
We recommend that the DUSHOM confer with OHR and OGC to determine the appropriate administrative action to take, if any, against the Director.
No. 4
Closed and Implemented Recommendation Image, Checkmark
to Veterans Health Administration (VHA)
We recommend that the DUSHOM confer with OHR and OGC to determine the appropriate administrative action to take, if any, against the LRAC.
No. 5
Closed and Implemented Recommendation Image, Checkmark
to Veterans Health Administration (VHA)
We recommend that the DUSHOM confer with OGC and OHRI to determine and execute a plan to provide all VHA employees involved in the RA process, as well as Regional Counsels who provide them advice, the most up to date RA training and guidance, and direct all VHA employees to process RA requests in accordance with applicable Federal laws and regulations and VA policy.