In order to meet the goals the President set forth in the Executive Order, commitment is required at all levels of the agency. However, by 2010, employees with disabilities still only represented five percent of the nearly 2. He has a psychiatric disability that causes him to be easily distracted, and requests that he be given a private office on a quiet corridor. Learn how to be considered for Federal jobs under the noncompetitive process. An agency may require that documentation about the disability or functional limitations come from an appropriate professional, such as a doctor, social worker, or rehabilitation counselor. This Guidance first sets forth some background information on the obligation to provide reasonable accommodation and the standards of the Rehabilitation Act.
We must all make it a priority to do a better job of recruiting, selecting, accommodating, and retaining people with disabilities. Time limits should, however, be as short as reasonably possible. These strategies are intended to get you started on that path. Are there any reporting requirements under the Order? The denial should be written in plain language with as much specificity as possible, and should identify the employee or office that made the decision. Of course, special circumstances may influence the timing of the reasonable accommodation process. Agencies may also designate others, in addition to those identified above, to whom requests may be made.
Such an office would develop expertise in the requirements of the Rehabilitation Act, potential accommodations, and available resources, and be a resource for individuals with disabilities and agency decision makers. The plan shall be developed in consultation with and, as appropriate, subject to approval by the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, and shall, consistent with law, include performance targets and numerical goals for employment of individuals with disabilities and sub goals for employment of individuals with targeted disabilities. Executive departments and agencies agencies must improve their efforts to employ workers with disabilities through increased recruitment, hiring, and retention of these individuals. In furtherance of such efforts, Federal agencies shall: 1 Use available hiring authorities, consistent with statutes, regulations, and prior Executive orders and Presidential Memoranda; 2 Expand their outreach efforts, using both traditional and nontraditional methods; and 3 Increase their efforts to accommodate individuals with disabilities. It also allows agencies to expand their pool of qualified workers. Further, make clear to management and staff that the determination of whether the cost of a particular accommodation represents an undue hardship is based, as a matter of law, on the agencies' overall budget, not the specific budget of the program office where the accommodation is needed.
§ 794; see also Americans with Disabilities Act, 42 U. An agency may not require people with disabilities to use particular words in their requests; nor may it wait to begin processing a request until a written form is submitted. Time limits for decision making should be as short as reasonably possible. Yet Americans with disabilities have an employment rate far lower than that of Americans without disabilities, and they are underrepresented in the Federal workforce. The agency's informal process is not an administrative remedy that must be exhausted before a complaint may be filed. He asks for a reasonable accommodation that would permit him to work part-time and to come in every day at 11:00 a. Documentation of eligibility for employment under Schedule A can be obtained from a licensed medical professional e.
In the competitive process, applicants compete with each other through a structured process. The supervisor also may ask why the disability necessitates use of a laptop computer or any other type of reasonable accommodation, such as a tape recorder to help Richard retain the information from the meetings. Where agencies post their procedures on their websites, those websites must be accessible. The Guidance also provides background information on the requirements of the Rehabilitation Act of 1973, and sets forth instructions for implementing each of the procedural requirements of the Executive Order. Agencies must also ensure that all contracts for the use of external facilities -- such as contracts to use hotels for conferences or training programs -- reflect the obligation that such facilities be accessible to people with disabilities. Establishment and Functions of Performance Accountability Council. Among other things, the agency should assess how long it takes its employees to respond to requests for different types of reasonable accommodations; whether there are particular types of reasonable accommodations that the agency has been unable to provide; whether there are agency components that have not granted requests for reasonable accommodations; and what the reasons for denial have been.
These agencies can assist with information regarding accommodations, effective retention strategies, legal compliance, and training for the agency's organizations. President Obama promised to reinstate an executive order to hire an additional 100,000 federal employees with disabilities within five years. Relationship of the Order and the Rehabilitation Act This Order does not create any new rights for Executive branch applicants or employees; nor does it limit an individual's rights under the Rehabilitation Act. Which agency employees should be involved in considering an individual's request for reasonable accommodation? The agency is not required to request documentation in such cases; the agency's procedures should, however, explain that failure to provide necessary documentation where it has been properly requested could result in a denial of reasonable accommodation. How should agencies fund requested reasonable accommodations? Other Federal agencies should use these procedures as a model when developing and updating their own reasonable accommodation procedures. The reasonable accommodation standards of the Americans with Disabilities Act apply to the Rehabilitation Act as well.
The program helps connect Federal agencies nationwide with highly motivated post-secondary students and recent graduates with disabilities. Printed version: Publication Date: Agency: Document Type: Presidential Document Presidential Document Type: Executive Order E. Components Of Agency Reasonable Accommodation Procedures A. Providing Accommodation In order to meet their , agencies should think creatively about ways to make their workplace more accessible and create an environment where their employees who have disabilities can thrive. Obama promised that, under his administration, the federal government would become a model employer of individuals with disabilities.
In the non-competitive hiring process, agencies use a special authority Schedule A to hire persons with disabilities without requiring them to compete for the job. Where staff input is sought, provide entry- and mid-level employees with disabilities an opportunity to be included when planning for the agency's future management and leadership. Why are reasonable accommodation procedures important? Each agency shall submit that plan to the Office of Personnel Management within 60 days from the date of this order. Records that contain medical information about a particular individual with a disability are fully subject to the confidentiality restrictions discussed above in Section D. Procedures also could allow individuals to appeal the denial to others in the decision maker's chain of command. Documentation may contain sensitive information about a person's medical condition, which may make some employees uncomfortable about sharing it with supervisors.
This individual then may tell those making a decision on the reasonable accommodation request that the employee has a disability rather than sharing all of the details about the medical condition. Appendix Selected Reasonable Accommodation Resources U. Further, the Section developed the Departments external guidance for its own recipients. We encourage agencies to be creative and comprehensive in drafting their plans. Often times, through the provision of independent living services, individuals with severe disabilities can reach a level of employment. Agencies may wish to identify the maximum amount of time that the process can take.