Ask FELTG: What should an agency consider when reasonable accommodations are needed as part of a settlement agreement? Should the agreement include stipulations of a specific accommodation, or is that a concern because the employee’s accommodation requirements may change over time?

March 17, 2026

Thanks for the questions. While settlement agreements may include stipulations of reasonable accommodation, you are right to be concerned about the potential need for making future adjustments to the accommodation, as necessary.

When drafting any settlement, you should always keep two primary goals in mind. First, you are attempting to accomplish certainty of the resolution by carefully and specifically writing out what needs to be done. Second, you must simultaneously prepare for potential uncertainties if the steps to resolution hit a roadblock. While the ultimate goal of settlement is the end of the dispute, it is a mistake to not prepare for next steps.

In the case of reasonable accommodation provisions, the agency’s obligation is to provide an effective accommodation that enables the employee to perform the essential functions of their position. You might include a general provision that the agency will act in good faith to engage in the interactive process with the employee to craft such an accommodation. If the situation calls for agreeing to a specific accommodation, try to include a provision that gives management the flexibility to re-evaluate/change the accommodation based upon the effectiveness of the negotiated provisions or changes in working conditions or the employee’s limitations.

As in any settlement, the provisions must be tailored to the specifics of the individual case. Additionally, every settlement agreement should have a thorough legal review by agency counsel before being finalized. Remember, this is an enforceable contract. Good luck out there!

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This information is for educational purposes only and is not legal advice. Contacting FELTG does not create an attorney-client relationship. Please consult an attorney for legal advice.