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This section describes laws and Executive
Orders that support and encourage the employment, retention, and advancement
of people with disabilities.
Laws
- Section
501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 791),
prohibits discrimination on the basis of disability in Federal employment
and requires the Federal Government to engage in affirmative action for people
with disabilities. The law:
- Requires Federal employers
not to discriminate against qualified job applicants or employees with
disabilities. Persons with disabilities should be employed in all grade
levels and occupational series commensurate with their qualifications.
Federal employers should ensure that their policies do not unnecessarily
exclude or limit persons with disabilities because of a job's structure
or because of architectural, transportation, communication, procedural,
or attitudinal barriers.
- Requires employers to provide
"reasonable accommodations" to applicants and employees with disabilities
unless doing so would cause undue hardship to the employers. Such accommodations
may involve, for example, restructuring the job, reassignment, modifying
work schedules, adjusting or modifying examinations, providing readers
or interpreters, and acquiring or modifying equipment and/or facilities
(including the use of adaptive technology such as voice recognition software).
- Prohibits selection criteria
and standards that tend to screen out people with disabilities, unless
such procedures have been determined through a job analysis to be job-related
and consistent with business necessity, and an appropriate individualized
assessment indicates that the job applicant cannot perform the essential
functions of the job, with or without reasonable accommodation.
- Requires Federal agencies
to develop affirmative action programs for hiring, placement, and advancement
of persons with disabilities. Affirmative action must be an integral part
of ongoing agency personnel management programs.
- Section 508 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. Section 794d), requires Federal agencies to procure,
use, maintain, and develop accessible electronic and information technology,
unless doing so imposes an undue burden. National security systems are exempt.
Federal agencies were required to comply with standards promulgated by the
Architectural and Transportation Barriers Compliance Board (the Access Board)
that took effect on August 7,2000. Agencies must biannually evaluate
their compliance with Section 508 and must report the results of these self-evaluations
to the Attorney General.
- The Vietnam Era Veterans' Readjustment Assistance Act
of 1974, as amended (38 U.S.C. 4212). In order to promote the policy
of "the maximum of employment and job advancement opportunities within the
Federal Government for disabled veterans and certain veterans of the Vietnam
era and of the post-Vietnam era who are qualified for such employment and
advancement," this act placed into law the provisions of the executive order
that authorized the noncompetitive appointment of Vietnam era veterans under
Veterans' Readjustment Appointment (VRA). The act also ensures that all veterans
are considered for employment under merit system rules and requires a separate
affirmative action plan for the hiring, placement, and advancement of disabled
veterans. Please note, however, that this law does not provide any preferences
to disabled veterans or to veterans of the Vietnam era.
- The Civil Service Reform Act of 1978 requires "fair
and equitable" treatment in all aspects of personnel management without regard
to political affiliation, race, color, religion, national origin, sex, marital
status, age, or disabling condition.
- The Americans with Disabilities Act (ADA) of 1990 covers
employers in the private sector and State and local governments. The substantive
employment standards of the ADA, which are applicable to the Federal Government
through the Rehabilitation Act, can be found at 42 U.S.C. Section 12111, et
seq. and 42 U.S.C. Sections 12201-204 and 12210.
- The Veterans Education and Employment Program Amendments
of 1991 require expanded job opportunities for veterans and disabled
veterans through the Veterans Readjustment Appointment (VRA) Authority, 38 U.S.C.
Section 4314.
- The Architectural Barriers Act, enforced by the
Access Board, requires that buildings and facilities be accessible to people
with disabilities if they were constructed or altered by or on behalf of the
Federal Government or with certain Federal funds, or leased for occupancy
by Federal agencies, after 1968. When individuals with disabilities are unable
to use a building because there are no accessible parking spaces, no curb
ramps, no ramps at the entrance, no accessible rest rooms, no accessible drinking
fountains, no raised lettering on signs, or other barriers exist, they may
file a complaint with the Access Board.
- The Pregnancy Discrimination Act amended Title VII of
the Civil Rights Act of 1964 to prohibit sex discrimination on the
basis of pregnancy, childbirth, or related medical conditions. This amendment
requires that employers treat pregnancy and related conditions in the same
manner as any other short-term disability.
- Title 5, United States Code, Sections 3312 and 3318
require that any disqualification, non-selection, or passing over of a
veterans' preference eligible applicant for medical reasons be approved by
the Office of Personnel Management before the position can be filled. This
includes an agency medical disqualification of a 30 percent or more disabled
veteran for assignment to another position in a reduction in force. A non-preference
eligible who is disqualified for medical reasons also has the right to a higher
level review of the determination in the agency as stated in OPM regulation
5 C.F.R., Section 339.306.
- The Family and Medical Leave Act of 1993 (5 U.S.C. Section
6382) requires Federal agencies and departments to allow employees
to take up to twelve weeks of leave without pay, provided that the employee
or a member of his or her immediate family (spouse, son, daughter, or parent)
has a serious health condition and the employee meets several other statutory
criteria. The leave may be taken intermittently or on a reduced leave schedule
when medically necessary. Agencies may require the employee to transfer temporarily
to another position under certain circumstances.
Executive Orders
- Executive Order 13078, Increasing Employment
of Adults with Disabilities, established the National Task Force on Employment
of Adults with Disabilities (now referred to as the Presidential Task Force).
The purpose of the Task Force is to create a coordinated and aggressive national
policy to bring adults with disabilities into gainful employment at a rate
as close as possible to the general adult population. The Executive Order
included actions to ensure that the Federal Government is a model employer
of adults with disabilities.
- Executive Order 13145, To Prohibit Discrimination
in Federal Employment Based on Genetic Information, prohibits discrimination
in Federal employment against employees based on protected genetic information,
or information about a request for or the receipt of genetic services. Executive
departments and agencies are responsible for carrying out the provisions of
this order to the extent permitted by law and consistent with their statutory
and regulatory authorities, and their enforcement mechanisms. The Equal Employment
Opportunity Commission is responsible for coordinating Federal policy concerning
this Executive Order.
- Executive Order 13163, Increasing the
Opportunity for Individuals with Disabilities to be Employed in the Federal
Government, promotes an increase in the opportunities for individuals
with disabilities to be employed at all levels and occupations of the Federal
Government. Agencies shall use available hiring authorities; expand outreach
efforts; and increase their efforts to accommodate individuals with disabilities.
This website incorporates OPM's guidance on the provisions of this Executive
Order.
- Executive Order 13164, Requiring Federal
Agencies to Establish Procedures to Facilitate the Provision of Reasonable
Accommodation, requires each Federal agency to establish effective written
procedures to facilitate the provision of reasonable accommodation. Agencies
shall submit their plans, and any modifications, to the Equal Employment Opportunity
Commission.
- Executive Order 13217, Community-Based
Alternatives for Individuals with Disabilities, promotes community based
alternatives for individuals with disabilities, including helping ensure that
all Americans have the opportunity to live close to their families and friends,
to live more independently, to engage in productive employment and to participate
in community life.
Employment Discrimination
What practices and activities may be challenged as employment discrimination?
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in all
employment practices, including job application procedures, hiring, firing,
advancement, compensation, training, and other terms and conditions of employment.
Failure to provide reasonable accommodation can also be a form of employment
discrimination.
What is the EEO complaint process?
The EEO complaint process is a legal process designed to resolve allegations
of employment discrimination and retaliation. Section 504 of the Rehabilitation
Act of 1973 is one of the civil rights laws enforced through the EEO complaint
process. The Federal sector EEO complaint process has three parts:
- the pre-complaint counseling process;
- the formal complaint process; and
- the appeal process.
The Equal Employment Opportunity Commission (EEOC) is an independent Federal
agency that oversees the EEO complaint process and hears appeals of the Department's
Final Agency Decisions (FADs) in discrimination complaints. EEOC regulations
at 29 C.F.R.§1614 govern the Federal sector EEO complaint process.
What should I do if I think I have been discriminated against because of my
disability?
If you believe that you have been discriminated against because of your disability,
you may contact your operating unit EEO Officer or an EEO Counselor to arrange
to receive EEO counseling.
To preserve your right to file a formal EEO complaint, you must make such contact within 45 calendar days of the date the action occurred. The EEO Counselor will provide you with an explanation of your rights and responsibilities in the EEO process, including the option to elect Alternative Dispute Resolution. The EEO Counselor will attempt to assist the parties in reaching resolution, but will not develop or advocate specific terms of the agreement. If these efforts are unsuccessful, the Counselor will notify you of the procedure for filing a formal complaint on the matter.
Please be advised: The EEO complaint process can correct management actions that are proven to be unlawful under EEO laws. It is not, however, a substitute for trying to resolve normal work issues with supervisors, other managers, and co-workers. It cannot correct management actions solely because they are unfair.
What is Alternative Dispute Resolution (ADR)?
Agencies now offer employees alleging discrimination the option of the EEO counseling process or the alternative dispute resolution process. Most Federal agencies use mediation as the ADR process.
The mediator is neutral and helps the parties to a discrimination dispute identify the important issues and work out a solution that is agreeable to both sides. The objective of the ADR process is to attempt to resolve allegations of workplace discrimination at the earliest possible stage of the EEO process. If the complaint is resolved through mediation or some other form of ADR, a settlement agreement will set out the terms of the agreement. You are allowed to have a representative during this process if you choose. Contact the relevant agency for specific information on its ADR practices.
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