Disability Employment FAQs

There is no limit on the number of times an individual may be appointed as long as he/she meets the regulatory requirements for appointment.

Reasonable accommodations that can be requested include, but are not limited to, the following:

• making existing facilities accessible;

• restructuring the job;

• utilizing part-time or modified work schedules;

• adjusting or modifying tests, training materials, or policies;

• providing qualified readers and interpreters;

• acquiring or modifying equipment; and

• reassigning an individual to a vacant position for which the employee must be qualified.

  A major life activity is a function that the average person in the general population can perform with little or no difficulty. Major life activities include activities such as caring for oneself, seeing, hearing, walking, breathing, speaking, learning, sitting, standing, lifting, reaching, and working.  

The final regulations establish a new 5 CFR appointing authority (5 CFR 213.3102(u)) that consolidates multiple excepted appointing authorities into one expanded excepted appointing authority. Impact will depend on the actual circumstances of the restructuring, and how an agency decides to effect the RIF. Agencies have discretion in determining which positions to abolish, as well as discretion to provide affected competing excepted service employees with certain assignment rights. Therefore, impact (positive, neutral, or negative) depends on the implementation of a RIF by the agency.

All denials of reasonable accommodation requests must be made in writing, and the decision must specify the reason for the denial. The denial should be written in plain language, clearly stating the specific reasons for the denial. After denying a request, the individual must be informed that s/he has the right to file an EEO complaint, has the right to pursue any applicable union grievance and informal alternative dispute resolution.

  In addition to competing for a position by applying via the link on a USAJOBS vacancy announcement, people with disabilities who are eligible for the Schedule A hiring authority may use the non-competitive hiring process to apply directly to agencies’ Selective Placement Program Coordinators (SPPC’s). SPPC’s may use this hiring authority to streamline the appointment of people with disabilities.   If you are interested in being considered under this special hiring authority, please provide the agency’s SPPC your "Proof of Disability" letter stating that you have a severe disability. You can get this letter from your doctor, a licensed medical professional, a licensed vocational rehabilitation specialist or any Federal, state or local agency that issues or provides disability benefits. Certain veterans may also be considered under special hiring programs for veterans with disability ratings of 30% or more. Department of Veterans Affairs vocational rehabilitation counselors should be able to provide additional information about this process.

The excepted hiring authorities referenced in question 18 create a streamlined process to hire people with disabilities. Using these excepted hiring authorities eliminates the requirement for competition which may be very time-consuming. The excepted hiring authorities may require that the disabled person have a certification from a State vocational rehabilitation agency or the Veterans Administration. Once again, consult your human resources office to ensure that you use the best hiring strategy for your specific vacancy.

A qualified individual with a disability has the skills, experience, education, and other requirements of the job the individual holds or desires, and can perform the essential functions of the position with or without reasonable accommodation.

    The Computer/Electronic Accommodations Program (CAP) provides assistive technology accommodations and services to persons with disabilities at the Department of Defense and over 38 Federal agencies (upon the request of the head of the Federal agency) at no cost. CAP supports accessibility efforts, including the successful implementation of Section 508’s electronic and information technology accessibility requirements. The U.S. Department of Agriculture established the Technology Accessible Resources Gives Employment Today (TARGET) Center to support the Department with assistive technology and ergonomic solutions. Needs assessments and demonstrations conducted by the Center provide federal employees with disabilities equal access to electronic and information technology essential in today's work force. The Department of Transportation - Disability Resource Center (DRC) is a one-stop shop to ensure that DOT employees with disabilities can participate fully in all aspects of the Department's work, programs and services. DRC provides reasonable accommodations, assessments, and assistive technology. The Department of Education's Assistive Technology Program provides support services to Education managers and supervisors in determining how technology can be used to meet the reasonable accommodation needs of employees with disabilities. These services include needs assessments, specialty equipment and software demonstrations. The Assistive Technology Team also studies software development issues pertaining to Education accessibility requirements for product implementation in Department-wide systems. The U.S. Department of Education (ED) Disability Policy/Section 504 Reasonable Accommodation staff within the Office of Management's Work/Life Programs Group (WLPG) promotes disability awareness and assists managers and staff with reasonable accommodation and program access needs. Having disability access resources available reflects ED's ongoing commitment to provide full access to all customers and employees with disabilities. These resources include services such as Braille and audiotape versions of ED publications, funding for reasonable accommodations, and guidance on a range of accessibility questions. Other offices within ED also provide resources and work closely with the Disability Policy/Section 504 Reasonable Accommodation staff to deliver disability-access services to all Department customers and employees who need them. For more information, call the Section 504/Reasonable Accommodation office at 202-401-8545 Voice or 202-260-8874 TTY or call the Work/Life Programs Group main number at 202-401-2905 Voice/TTY via Federal Relay Service. The Department of Commerce - Committee on Resources for Electronic Accessible Technology to End Users (CREATE) offers planning and coordination of activities that increase awareness of assistive technology for people with disabilities. For more information call (202) 482-3201 (Voice) or (202) 482-4675 (TTY).   The Department of Energy - Disability Accommodation Program, Assistive Technologies Support Team is the primary point of contact for employees with disabilities at headquarters. The Team provides coordination, responsibility, and oversight for all support interfaces with individual employees with disabilities or impairments. The Department of Housing and Urban Development - Housing Accessibility Resource Program (HARP) maintains an information library containing extensive reference materials and resources. HARP also provides an opportunity for managers and employees to utilize the TARGET Center at the USDA to view and evaluate assistive technology. For more information call (202) 708-0288 x268 (Voice) or (202) 708-4401 (TTY). The Department of Veterans Affairs (VA) - The Microcomputer Training Program for Persons with Disabilities (MTPPD) provides cost-reimbursable assistive technology training for U.S. veterans. It also provides product assessment, demonstrations, consultations, and facility tours. Currently, MTPPD is helping VA implement the Nationwide Office Automation which will allow all users access to the information environment. For more information, call (202) 273-6542 (Voice) or fax to (202) 273-6555. The Internal Revenue Service - Information Resources Accessibility Program (IRAP) Office provides accessible electronic information technology to customers with disabilities. Associates offer consultations, technical support, demonstrations, and facility tours. IRAP also tests IRS systems and products to ensure accessibility to and compatibility with assistive technology. To find out more, visit their website, or call (202) 283-0283 (Voice) or (202) 283-6566/67 (TTY). The Social Security Administration (SSA), Office of Civil Rights and Equal Opportunity (OCREO), provides adaptive devices to accommodate SSA's employees with disabilities. SSA believes that having a centralized account to purchase adaptive devices encourages managers to hire more people with disabilities since they would not have to deplete local resources to purchase expensive adaptive equipment. A central component of SSA tracks the technologies that are compatible with SSA's systems. In 1997, SSA embarked on a four-year project to provide personal computers with mainframe emulation to all SSA employees which would be connected by local and wide area networks. The Federal Communications Commission - Disability Rights Office (DRO) works hard to ensure that people with disabilities have equal access to telecommunications. The DRO, housed in the FCC's Consumer Information Bureau, provides technical assistance to consumers, businesses, and government agencies on their rights and responsibilities to facilitate disability access in the foundations and frontiers of telecommunications

No, the new regulation does not provide for priority in Federal hiring. The regulation applies to excepted service appointments.

Yes, at agency discretion, an individual may be appointed to a temporary position under the 5 CFR 213.3102(u) authority in lieu of a job readiness certification. The hiring agency may then convert the individual to a time-limited or permanent appointment, again under 5 CFR 213.3102(u), at any time during the temporary appointment. (The beginning date of creditable service, for conversion to career/career conditional conversion purposes, is the effective date of the conversion to the excepted appointment). The agency may also, at its discretion, accept service under another type of temporary appointment in the competitive or excepted service as proof of job readiness.

  When the disability and/or the need for accommodation is not obvious, the employer may ask the individual for reasonable documentation about his/her disability and functional limitations. An employer should respond expeditiously to a request for reasonable accommodation.  

  An individual with a disability:  

• has a physical or mental impairment that substantially limits one or more of the person's major life activities;
• has a record of such an impairment; or
• is regarded as having such impairment.

 Provided the information is accurate, there are no OPM imposed limitations on the number of times an applicant may submit such documentation or requirements concerning the timeframe which the documentation must be dated.

The summer jobs program for college students with disabilities is called the Workforce Recruitment Program (WRP). This program is co-sponsored by the U.S. Department of Labor’s Office of Disability Employment Policy and the Department of Defense. The WRP aims to provide summer work experience, and in some cases, permanent employment, for college students with disabilities. The program develops partnerships with other Federal agencies, each of which makes a commitment to provide summer jobs. The Department of Defense Computer/Electronic Accommodations Program (CAP) provides assistive technology and accommodation services to all WRP participants working for the Federal Government for the summer.

  For specific training packages for new managers, the USDA Graduate School offers the following courses:

• Human Resource Management for Supervisors and Managers

• EEO -- Its Place in the Federal Government

Initially, start by discussing the accommodation needs with the person who has the disability. Accommodations are determined on a case-by-case basis, considering the specific needs and the existing limitations of the person you hire who has a disability. Accommodations are also determined based on the essential functions of the job, the work environment, the effectiveness of the proposed accommodation, and any alternative means of accomodation. Some of the most common types of accommodations include, but are not limited to:

• TTYs for use with telephones by people who are deaf; hardware and software that make computers accessible to people with vision impairments or who have difficulty using their hands;
• Sign language interpreters for people who are deaf or hard of hearing or readers for people who are blind;
• Providing training and other written materials in an accessible format, such as in Braille, on audio tape, or on computer disk; and
• Physical changes, such as installing a ramp or modifying a workspace.

For more information refer to the reasonable accommodation policy for your agency.

The human resources office within your agency can obtain information and guidance on hiring people with disabilities from several sources, including the following:

• Department of Labor, Office of Disability Employment Policy (ODEP);
• Equal Employment Opportunity Commission (EEOC);
• Department of Veterans Affairs (VA), Vocational Rehabilitation and Employment Service;
• Presidential Task Force on Employment of Adults with Disabilities;
• Department of Education, Office of Special Education & Rehabilitation Services, Rehabilitation Services Administration;
• Department of Defense Joint Project: Computer/Electronic Accommodations Program (CAP);
• Workforce Recruitment Program for College Students with Disabilities (WRP)/DoD;
• Workforce Recruitment Program/DOL;

There are no changes to the current procedures. Per OPM's Guide to Personnel Record keeping (http://www.opm.gov/feddata/recguide.pdf [1.8 MB]), the employing agency must maintain any authoritative medical documentation, certificate of disability, statement of employability, etc., in a separate, confidential folder, rather than in the person's Official Personnel Folder (OPF). The information must be treated as confidential medical records with access limited only to those whose official duties require such access. OPM encourages agencies to develop written policies to further ensure that the confidentiality and security of private information is maintained.

Reasonable accommodations that can be requested include, but are not limited to, the following: o   making existing facilities accessible;   o   restructuring the job;   o   utilizing part-time or modified work schedules;   o   adjusting or modifying tests, training materials, or policies;   o   providing qualified readers and interpreters;   o   acquiring or modifying equipment; and   o   reassigning an individual to a vacant position for which the employee must be qualified.  

  A qualified individual with a disability has the skills, experience, education, and other requirements of the job the individual holds or desires, and can perform the essential functions of the position with or without reasonable accommodation.  

Yes. As part of the WRP, students who have a successful summer experience and are qualified for the position may be offered a permanent job. They may be hired under special hiring authorities governing the employment of persons with disabilities. (See also Questions 18 and 19, above, and contact your human resources office for additional information.)

Decisions on making accommodations are made on a case-by-case basis. Executive Order 16134, however, requires each Federal agency to establish effective written procedures to facilitate the provision of reasonable accommodation for applicants and employees. Contact specific agencies for information on their decision-making process.

Employees or applicants with disabilities who need reasonable accommodation are responsible for making their needs known to the appropriate official. Supervisors are responsible for properly responding to requests for accommodation from their employees. When an individual decides to request accommodation, the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition. The employer and the individual with a disability should engage in an informal process to clarify what the individual needs and identify the appropriate reasonable accommodation.