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State employees and union call for timelines, audits and an office to enforce ADA accommodations
Summary
CWA Local 7076 representatives told the committee that disabled state workers face lengthy delays, denials and hostile treatment when seeking workplace accommodations; they asked legislators to revisit HB120, require written denials, set response timelines, fund accessibility fixes and create an oversight mechanism beyond the Human Rights Bureau process.
Union leaders from Communications Workers of America Local 7076 told the Legislative Health & Human Services committee that disabled state employees across agencies experience repeated delays and denials when requesting reasonable workplace accommodations.
Megan Green (CWA president) and Sunny Gonzales (chair, Disability Justice Committee) said their research and a union survey documented a pattern of long wait times for accommodation decisions, inappropriate questioning by HR staff, denials without an interactive process and instances where employees were advised to take unpaid leave under FMLA rather than receive workplace adjustments. They said the problems contribute to high vacancy and turnover rates in state agencies and degrade access to services for New Mexicans.
Why it matters: Union witnesses urged the committee to reduce reliance on slow external complaint mechanisms. They recommended a set of practical fixes that could be implemented administratively or by statute: (1) a 20‑business‑day response standard for initial accommodation engagement or temporary paid leave while the request is reviewed; (2) written denials with reasons; (3) a clear internal appeals process separate from the Human Rights Bureau and EEOC timelines; and (4) an external audit of agency ADA compliance and training gaps. They said 80% of surveyed employees with disabilities considered quitting because of accommodation obstacles.
State Personnel Director Dylan Lang acknowledged the problems and explained that, under federal law, each agency is the employer responsible for accommodations. SPO provides guidance, shared HR services for some agencies, and partners with regional ADA centers for training. Lang said SPO aims to engage promptly in the interactive process (he cited a five‑day engagement target used as a guiding principle) and recommended ongoing 3‑to‑6 month check‑ins on accommodation effectiveness, but said SPO lacks authority to compel agency decisions.
Legal perspective: Ellen Pines, referencing EEOC guidance, told the committee that the ADA standards already exist, but that implementation and training are uneven. Pines said a centralized office with authority to oversee agency practices (as proposed in legislation last session) could be helpful if given the authority to enforce accessibility improvements and provide timely resolution.
What’s next: Union leaders urged lawmakers to revisit HB120 or similar measures to create reporting, auditing and appeals mechanisms and to provide funding for facility fixes and staff training. The committee requested follow‑up with the governor’s counsel and state general counsels to discuss implementation paths.
Selected quote: “Eighty percent of employees who were surveyed with the disability considered quitting due to difficulty receiving adequate accommodations,” the union said.
Speakers quoted in this article are identified below and come from union testimony, State Personnel remarks and legal guidance offered at the hearing.
