Q & A Session – Workplace Accommodation of Last Resort Reassignment


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I was placed in the workplace reassignment for a disability and am a GS-12. Can I be reassigned to a GS-12/13 and go in as a 12? There are many jobs open as 12/13 where I qualify as both. I am currently in the GS-12.


If you were a GS-12 and are now a GS-12, your promotion to a GS-13 is at the discretion of your agency. It may not be denied for illegal reasons, such as discrimination or whistleblower reprisal. Otherwise, there is no effective remedy.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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