Disability Employment FAQs

The certification of job readiness is a determination that applicants with disabilities are likely to succeed in the performance of the duties of the position he or she is seeking. Certification of job readiness is required for appointments of persons with intellectual disabilities, severe physical disabilities, or psychiatric disabilities unless the hiring agency appoints the individual to a temporary appointment in lieu of the job readiness certification. The same entities who may provide proof of disability may also certify an individual's job readiness.

People with disabilities are appointed under 5 CFR 213.3102(u).

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.

An individual can make either an oral or written request for accommodation. To request an accommodation, an individual may use "plain English" and does not need to mention the Rehabilitation Act or "reasonable accommodation." A family member, friend, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability. An individual with a disability may request a reasonable accommodation at any time during the application process or during the period of employment. The request for a reasonable accommodation must be made for a reason related to a medical condition.

People with disabilities are appointed through a number of hiring authorities for temporary (one year or less), term (more than one year up to four years), and permanent appointments. The majority of people with disabilities working for the Federal government are in the civil service and were appointed competitively. Competitively means that they applied for a vacancy announcement published by either OPM or an agency. Typically, they were then rated and ranked in comparison to the other applicants for the vacancy and referred to the selecting supervisor for consideration. The selecting supervisor then interviewed and identified which candidate he/she would hire. However, there are a number of excepted hiring authorities, meaning competition is not required, that apply to individuals with disabilities. These hiring authorities cover: people with intellectual disabilities; people with severe physical disabilities; people with psychiatric disabilities; disabled veterans enrolled in a VA training program; and veterans determined to be 30 percent or more disabled. Consult with your human resources office to ensure that you use the best hiring strategy for your specific vacancy.

No, conversion to a career or career-conditional appointment is not mandatory. The hiring agency maintains the discretion to determine whether an employee is ready for placement in the permanent career workforce. The agency is not required to convert an individual on the 5 CFR 213.3102(u) appointing authority; however, the intent of Executive Orders 12125 and 13124 concerning employment of people with intellectual disabilities, severe physical disabilities and psychiatric disabilities is to permit these individuals to obtain "civil service competitive status." Civil service competitive status is obtained through conversion to the competitive service, rather than remaining in the excepted service.

A. This regulation covers individuals with intellectual disabilities, severe physical disabilities, or psychiatric disabilities. The new rules do not specifically include or exclude any one particular type of disability under these three classes of disability. Different Federal programs use different operational definitions of disability, as do researchers, advocacy groups, and other interested parties. Variations occur because many groups define disability for different purposes. Determinations whether a specific disability is included or excluded under the new rules for the purposes of appointment under 5 CFR 213.3102(u) are made by the expanded entities previously identified in this document. Hiring agencies may also consult the Americans with Disabilities Act, the Rehabilitation Act of 1973, agencies such as the Department of Veterans Affairs, and State Vocational Rehabilitative Services offices for additional guidance regarding particular medical conditions.

Applicants with disabilities must have an intellectual disability, a severe physical disability or a psychiatric disability; have proof of the disability; certification of job readiness (if not hired on a temporary appointment in lieu of the job readiness certification); and meet all required qualifications for the position.

OPM will be issuing final regulations to amend regulations pertaining to the appointment of person with disabilities. These amendments will replace the term “mental retardation” with “intellectual disability.” The definition of “intellectual disabilities” means only those disabilities that would have been encompassed by the term “mental retardation” in previous iterations of the regulations and the associated Executive order, Executive Order 12125, dated March 15, 1979.

Agency Human Resources Offices will process Standard Form 50's, Notification of Personnel Actions, in accordance with OPM's Guide to Processing Personnel Actions. This Guide will be updated with the appropriate codes for use when converting current employees on the (t) or (gg) authorities to (u). OPM will issue official guidance concerning correct coding procedures.

Your supervisor (or selecting official, if you are in the process of being hired) will normally arrange for an assessment of your request for reasonable accommodation. An assessment includes a review of the job duties, how job duties are normally accomplished, the work environment and the specific nature of your disability. The purpose of an assessment is to determine what accommodations would allow you to perform the essential job functions successfully. For those Federal agencies without "in-house" capability, employers can obtain an assessment of the need for reasonable accommodation from several sources. Some are: State vocational rehabilitation agencies, the Computer/Electronic Accommodations Program (CAP) at the Department of Defense, the Vocational Rehabilitation and Employment Service at the Department of Veterans Affairs (for veterans) or the Job Accommodation Network (JAN).

The Executive Orders authorizing these appointments are limited to people with intellectual disabilities, severe physical disabilities, and psychiatric disabilities. Executive Order 12125 dated March 15, 1979, and Executive Order 13124 dated June 4, 1999, permit individuals with intellectual disabilities, severe physical disabilities, or psychiatric disabilities to obtain competitive status after two years of satisfactory service in an excepted service position. These Executive Orders were established to assist these individuals with disabilities and to build a Federal workforce that draws from the strength of America's diversity.

The following is a list of some examples of documents agencies may accept as proof of an intellectual disability, severe physical disability or psychiatric disability. Ultimately, it is the agency's choice what type(s) of documentation will be acceptable:

• Statements or letters on a physician's/medical professional's letterhead stationary.
• Statements, records or letters from a Federal Government agency that issues or provides disability benefits.
• Statements, records or letters from a State Vocational Rehabilitation Agency counselor.
• Certification from a private Vocational Rehabilitation or other Counselor that issues or provides disability benefits.

As the regulation is implemented and used by agencies, this list may grow to include other types of certification. OPM will issue additional guidance to agencies on what constitutes "appropriate documentation" on an "as needed" basis.

Individuals with disabilities may be considered for excepted service positions under the 213.3102(u) appointment authority by reviewing vacancy announcements posted on www.usajobs.gov and submitting resumes for positions that are of interest to the applicant, or they may contact agency Special Placement Coordinator(s) in the agency for which they wish to work. (Special Placement Coordinators are involved with the hiring, placement, and advancement of individuals with disabilities at their agency; a list of these coordinators can be found at http://apps.opm.gov/sppc_directory/). Because appointments under 5 CFR 213.3102(u) are excepted service appointments, agencies may accept resumes without posting job notices. Applicants should indicate "5 CFR 213.3102(u)" on their resumes for both application methods.

Yes, proof of the disability is required for appointments of persons with intellectual disabilities, severe physical disabilities, or psychiatric disabilities. This regulation allows agencies to accept as proof of disability documentation from a licensed medical professional (e.g., a physician or other medical professional duly certified by a State, the District of Columbia, or a U.S. territory, to practice medicine); a licensed vocational rehabilitation specialist (i.e., State or private); or any Federal agency, State agency, or an agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.

Agencies may appoint readers, interpreters, and personal assistants without regard to the normal competitive hiring regulations and processes. Such employees may be appointed directly under an excepted hiring authority without job postings, etc., after identifying an appropriate candidate (5 CFR 213.3102 (ll).  For more information and sample language for utilizing this authority, see Attachment B in Practical Advice For Drafting And Implementing Reasonable Accommodation Procedures Under Executive Order 13164 located on the U.S. Equal Employment Opportunity Commission’s website.

There are many potential sources for interpreters, readers and personal assistants. You should consult with your supervisor and/or your Personnel Office about the assistance you need. They will work with you to identify a candidate to meet your needs by using contractual staff to meet a temporary need such as a job interview or by hiring such an employee for a permanent need. In appropriate instances, agencies can hire interpreters, readers or personal assistants directly without the formal job announcement and recruitment process used for many jobs in the Government. Such employees may be appointed directly under an excepted hiring authority without job postings, etc., after identifying an appropriate candidate (5 CFR 213.3102 (ll). For more information and sample language for utilizing this authority, see Attachment B in Practical Advice For Drafting And Implementing Reasonable Accommodation Procedures Under Executive Order 13164 located on the U.S. Equal Employment Opportunity Commission’s website.

The regulation modernizes the appointment processes in several significant ways:

• The appointing authorities for persons with disabilities (excepted service) Schedule A appointing authorities 5 CFR 213.3102(t) (intellectual disabilities), (u) (severe physical disabilities), and (gg) (psychiatric disabilities) are combined into one streamlined authority, 5 CFR 213.3102(u). 
• Agencies may accept proof of disability and certification of job readiness from an expanded number of entities, i.e., a licensed medical professional (e.g.,a physician, psychiatrist, or psychologist, or other medical professional duly certified by a State, the District of Columbia, or a U.S. territory, to practice medicine); a licensed vocational rehabilitation specialist (i.e., State or private); or any Federal agency, State agency or agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.
• The distinction between proof of disability and certification of job readiness is clarified (i.e., documentation of intellectual disability, severe physical disability or psychiatric disability vs. certification the applicant is likely to succeed in performing the duties of the position for which he or she is applying). 
• The temporary employment options for appointments under the new authority, 5 CFR 213.3102(u), are clarified. Agencies may make temporary (for positions not expected to last more than 1 year), time-limited or permanent appointments under this authority.
• The employment options for appointments under this authority are clarified. In cases where an applicant does not have certification of job readiness, an agency may appoint the individual to a temporary appointment to determine the applicant's readiness for continued employment.

Yes. There are many potential sources which may be tapped. In many cases, an employee with a disability already has a candidate in mind. Some agencies hire such assistants under contractual arrangements. Universities and colleges, including junior colleges, are good sources for readers, who are often part-time. For interpreters, the Registry of Interpreters for the Deaf, Inc. can be reached at 703-838-0030. In the Washington, DC area, Gallaudet University is another source for interpreters. State vocational rehabilitation agencies and offices of the Vocational Rehabilitation and Employment Service in the Department of Veterans Affairs are also possible sources of reader, interpreter and personal assistant referrals.   Agencies may also appoint readers, interpreters, and personal assistants without regard to the normal competitive hiring regulations and processes. Such employees may be appointed directly under an excepted hiring authority without job postings, etc., after identifying an appropriate candidate (5 CFR 213.3102 (ll). For more information and sample language for utilizing this authority, see Attachment B in Practical Advice For Drafting And Implementing Reasonable Accommodation Procedures Under Executive Order 13164 located on the U.S. Equal Employment Opportunity Commission’s website.