Reasonable Accomodation

There are several Federal laws that prohibit employment discrimination against disabled employees, former employees or applicants for employment:

The Americans with Disabilities Act (ADA) of 1990, Titles I and V prohibits discrimination against qualified individuals with a disability by private employers, state and local government, employment agencies, and labor unions in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions, and privileges of employment.

The Rehabilitation Act of 1973, Sections 501 and 505 incorporates the requirements of the ADA. This Act prohibits discrimination on the basis of mental and physical disability. It requires Federal agencies to make reasonable accommodation for the known physical or mental limitations of a qualified disabled applicant or employee, unless the agency can demonstrate that the accommodation would impose an undue hardship on the agency.

Executive Order 13164 requires Federal agencies to establish procedures to facilitate the provisions of Reasonable Accommodations.

1. Policy Guidance on Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation
2. Questions and Answers: Policy Guidance On Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation

Executive Order 13163 increases the opportunity for individuals with disabilities to be employed in the Federal government.

These Federal laws require that an agency shall make reasonable accommodation for the known physical and/or mental limitations of an applicant or employee who is a qualified individual with a disability unless the agency can demonstrate that the accommodation would pose an undue hardship on the agency. Reasonable accommodation may include, but is not limited to:

• Making facilities readily accessible to and usable by individuals with disabilities;
• Job restructuring, part-time or modified work schedules;
• Acquisition or modification of equipment or devices; and
• Appropriate adjustment or modification of examinations, the provision of readers and interpreters, and other similar actions.

The following terms are defined by Title 29 of the Code of Federal Regulations, Part 1630:

Reasonable Accommodation

• Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
• Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
• Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

Reasonable accommodation may include but is not limited to

• Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
• Job restructuring; part-time or modified work schedules;
  reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; providing qualified readers or interpreters; and other similar accommodations for individuals with disabilities.

Individual with a Disability – A person who:

• Has a physical or mental impairment that substantially limits one or
  more major life activities;
• Has a record of such an impairment; or
• Is being regarded as having such an impairment.
  

Qualified Individual with A Disability

An individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

Physical or Mental Impairment

• Any physiological disorder, or condition, cosmetic
  disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or
• Any mental or psychological disorder, such as mental
  retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Reasonable Accommodation Procedures

Please follow the Department of the Treasury’s Guidance at http://www.treas.gov/offices/management/hr/oeod/pdf/ra_procedure.pdf.