Disability Employment FAQs

As with all interviews, the interviewer should have a full understanding of the job requirements before interviewing any candidate. The interviewer should be familiar with his/her agency’s own policies and practices. The interview must focus on abilities and how the applicant will accomplish tasks and meet the goals and objectives of the position. Ask all applicants the same questions including whether or not they have any needs that will require reasonable accommodation. Do not ask specific questions about an applicant's disability even if the disability is obvious. Some applicants will voluntarily explain how their disability relates to their ability to do the job, but others will not. Even if the applicant does discuss a disability, do not ask any questions about the disability that are not relevant to the actual position. It is important not to speculate about how you would perform a specific job if you had the applicant’s disability. For more tips on interviewing people with disabilities, visit the Mainstream website and the Job Accommodation Network (JAN) website.

OPM is changing the procedures in support of the President's "New Freedom Initiative" introduced in 2001, which encourages Federal agencies to consider employment opportunities for people with disabilities. The regulation improves the Federal Government's ability to hire persons with these disabilities. It is designed to remove possible barriers and increase employment opportunities for persons with disabilities.

The date the regulation goes into effect is 30 days after publication in the Federal Register.

Yes, people with disabilities must meet all basic qualification requirements for the job in order to be hired, as is true for non-disabled candidates who are hired. Qualified individuals with disabilities must be able to perform the essential functions of the job with or without reasonable accommodation. For more information, please refer to the Rehabilitation Act of 1973, as amended.

Yes, if the individual is from a different agency. However, if the person is going from one location/activity/component to another location/activity/component in the same agency, the agency would not have to clear the RPL. For purposes of the RPL, all DOD agencies are considered the same agency. DOD agencies (e.g., Defense Logistics Agency, Defense Investigative Service) and the Departments of Army, Navy, and Air Force are all considered DoD.

If you believe your performance has been unfairly evaluated because of your disability, you should talk with your supervisor about his/her appraisal of your performance to resolve the matter. You may also obtain advice on how to seek redress from the employee relations office, a union official, or Office of Equal Employment Opportunity.

Agencies may employ personal assistants for employees with disabilities, including those with visual and hearing impairments, under authority provided by 5 U.S.C. 3102. In addition, Section 3102(d) of the law authorizes the payment of pay and allowances for an individual who accompanies an employee with a disability on official travel. Specifically, the statute provides that the head of an agency may authorize the payment to an individual to accompany or assist (or both) the employee with a disability for all or a portion of the travel period involved. The statute further provides that the accompanying individual shall be considered an employee, but only for purposes of the Federal Employees' Compensation Act and the Federal Tort Claims Act. Accordingly, 5 U.S.C. Section 3110, which provides that a public official may not appoint, employ, promote, advance or advocate for a relative (as defined in the section), does not prohibit pay to an accompanying spouse.

  The term "reasonable accommodation" is a term of art that Congress defined only through examples of changes or modifications to be made, or items to be provided, to a qualified individual with a disability. A reasonable accommodation is adapting the job site or job functions   for a qualified person with a disability to enable an individual with a disability to enjoy equal employment opportunities. This does not mean that the employer must lower the standards of work for the position or change the job requirements. There are three categories of reasonable accommodations:

• Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille);
• Modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of the job (such as providing sign language interpreters); and
• Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of employment (such as removing physical barriers in an office cafeteria).

Once any necessary accommodations are made to help the employee with a disability function on the job, no other special consideration need be made. As with a non-disabled employee, an employee with a disability must be evaluated according to the items in his/her annual performance plan or agreement. As with any other employee, direct and honest feedback aimed at improving performance is always appropriate. For more information on employee performance management see OPM's Performance Management Technical Center.

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.

An individual who is granted a reasonable accommodation might not receive the exact form of accommodation requested. The deciding official has the discretion to identify reasonable and appropriate alternatives.

You are not required to talk about your disability during an interview. An interviewer should ask you questions about your job qualifications and about how you can perform the essential functions of the job. An interviewer is prohibited from asking you questions about your disability that are not relevant to your functioning on the job. For more information, click here. During a job interview, you should present your qualifications in a positive manner, emphasizing your abilities and assets. However, if you have a disability, it might be to your advantage to anticipate some of the questions that an interviewer may be reluctant to ask.

It is good business to hire from a potentially underutilized source of outstanding workers. People with disabilities represent one such resource. The practice of looking to qualified people with disabilities as a hiring resource applies equally to private industry and to public sector employment. The following excerpt from Craig Gray’s article in the September 2000 issue of Executive Online illustrates this point. "Many businesses are learning that workers with disabilities are not only meeting expectations in the workforce, but also exceed them. Employees with disabilities are helping companies learn how to most effectively relate to customers with disabilities and their families and friends. As an added bonus, hiring employees with disabilities has provided many employers with the knowledge and experience to help lower their overall cost of time lost to temporary disabilities experienced by the rest of their staffs." President Bush recognized the value of full participation of people with disabilities in America’s workforce. In his New Freedom Initiative, announced in February, 2001, he stated his commitment to " tearing down the remaining barriers to equality that face Americans with disabilities" and declaring his intention to "… increase the ability of Americans with disabilities to integrate into the workforce." For more information on the advantages of hiring persons with disabilities, see Cornell University's School of Industrial and Labor Relations website.

People with disabilities who work in offices have been using service animals successfully for many years. Service animals may accompany a person with a disability to the office, cafeteria, meetings, and on travel. Since service animals are alert to the needs of their owner, it is important not to interfere or distract them while they are working. Most service animals sleep when not providing service and need to have a safe rest area of adequate size located near their owner. The person with a disability should be allowed to provide water and food rewards for their animal. Offices that are already wheelchair accessible usually have wider hallways and doorways that are accessible enough to provide the individual full access while walking with their animal. Individuals with disabilities who use service animals must be allowed time to attend to their basic needs. It is not the responsibility of office colleagues to provide care for the service animal. For more information, see People with Disabilities in the Federal Government: An Employment Guide located on this website.

  The process of finding a Federal job is not as complex as you may have heard. If you want to be considered for employment with the Federal Government or if you wish to pursue career opportunities once you become an employee, please find job openings via these websites. An electronic listing of all of the latest Federal job opportunities may be obtained from the Office of Personnel Management’s USAJOBS website. It is convenient, user friendly, accessible through the computer or telephone and available 24 hours a day, seven days a week.   Many Federal agencies also display electronic employment information and job listings on their websites. You can access this information by visiting the specific Federal agency websites at FIRSTGOV.

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.

Yes.

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.

Generally the agency (employer) must bear the costs of providing reasonable accommodation. For more information see the amended Rehabilitation Act of 1973. In addition, Federal agencies may have several resources to draw upon when seeking support for reasonable accommodation. Sometimes other agencies have a role in funding the cost of an accommodation. For example, the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs may have funds to assist employers in providing reasonable accommodations for veterans with disabilities. The Computer/Electronic Accommodations Program (CAP) in the Department of Defense provides reasonable accommodations such as assistive technology, devices and support services for free to Federal agencies who have a partnership agreement with CAP. Applicants and employees are not expected or required to bear the costs of reasonable accommodations. Check with the agency personnel office, disability coordinator, or EEO office to see how requests for accommodation are handled at a particular agency.

Contact your human resources office for advice and assistance on hiring people with disabilities. Your personnel specialist will be able to advise supervisors and managers on the different avenues available to recruit and hire qualified candidates, including individuals with disabilities. If your organization has designated a Persons with Disabilities (PWD) Manager or a Selective Placement Coordinator, these individuals can serve to connect you and your HR specialist with interested candidates. Take advantage of all the resources in your agency.

First, contact your human resources office and your organization's Persons with Disabilities (PWD) Manager (or equivalent). Your agency may already have established recruiting and referral relationships with organizations serving people with disabilities, such as:

• State vocational rehabilitation agencies,
• Centers for Independent Living (CILs),
• Department of Veterans Affairs (VA), Vocational Rehabilitation and Employment Service website.
• Local Veterans Affairs (VA) offices,
• EARN, the Employer Assistance Referral Network,
• Educational institutions serving blind or deaf individuals, and
• National disability organizations.

Federal agencies may work directly with these organizations to refer candidates for employment opportunities using the excepted appointing authorities for hiring people with disabilities. Your agency's Plan for Employment of People with Disabilities may also include good sources of qualified candidates with disabilities for your vacancies. In addition, individuals with disabilities may always apply for vacancy announcements that are open to the general public. The Workforce Recruitment Program (WRP) for college students with disabilities is a great source of potential candidates when considering college students with disabilities for employment. Employers can access the WRP candidate database by contacting their agency's WRP representative (usually in the human resources office).

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.

A needs assessment may be obtained from several sources. A few are:

• your own agency, in conjunction with its reasonable accommodation policy created in compliance with Executive Order 13164,
• the Computer/Electronic Accommodations Program (CAP) in the Department of Defense,
• State vocational rehabilitation agencies,
• the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs,
• the Job Accommodation Network (JAN), sponsored by the U.S. Department of Labor or
• the Centers for Independent Living (CILs).

Other sources of needs assessment depend on the organization that refers or places an applicant with a disability. For example, if the applicant is referred to you by the Workforce Recruitment Program (WRP), it is likely that someone from that program will arrange the needs assessment with the Computer/Electronic Accommodations Program (CAP) in the Department of Defense. If you are hiring a client of the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs, those offices may perform needs assessments. Centers for Independent Living (CILs) offer information about needs assessment and accommodation services. CILs also often maintain rosters of persons available to serve as personal care attendants, interpreters for individuals who are hearing impaired, or readers for people with visual impairments. State vocational rehabilitation agencies funded under the Rehabilitation Act, private vocational rehabilitation companies, and nonprofit organizations also provide needs assessments. Federal employers also may obtain additional guidance on providing reasonable accommodation from the Equal Employment Opportunity Commission (EEOC). Free copies of the EEOC's published guidance on reasonable accommodation and other issues pertaining to non-discrimination against people with disabilities may be reviewed at EEOC’s website and obtained by calling (800) 669-3362 (voice), and (800) 800-3302 (TTY). Other resources for technology-related technical assistance and accommodation assessment are:

• the Center for Information Technology Accommodation at the Office of Government-Wide Policy at the General Services Administration,
• U.S. Architectural and Transportation Barriers Compliance Board ("Access Board");
• the Assistive Technology Program at the U.S. Department of Education,
• the TARGET Center at the U.S. Department of Agriculture, and
• the Computer/Electronic Accommodations Program (CAP) at the Department of Defense.

Employers have found that people with disabilities and people without disabilities are about the same in terms of attendance and job performance. Perhaps the longest recurring study of employment issues concerning people with disabilities was done by DuPont, a private corporation. For over 35 years, this DuPont study has shown that employees with disabilities are equivalent to other DuPont employees in job performance, attendance and safety.