People
With Disabilities
in
the Federal
Government
An
Employment Guide
United
States
Office
of
Personnel
Management |
Employment
Service |
Theodore
Roosevelt Building
1900
E Street, NW
Washington,
DC 20415-9800 |
202-606-1059
www.opm.gov |
|
|
|
ES
DO-05
October
1999 |
This
guide is intended to help Federal employers and human resource
personnel understand issues and programs aimed at improving
the employment of people with disabilities. It is not intended
to provide legal assistance, directives, nor interpretation
of laws and regulations regarding the employment of people with
disabilities in the Federal government, and cannot substitute
for the independent judgment of legal counsel. Readers interested
in getting legal help with a particular question or problem
should consult their agency legal counsel.
TABLE
OF CONTENTS
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
LEGAL
FRAMEWORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section
501 of the Rehabilitation Act of 1973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section
508 of the Rehabilitation Act of 1973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
The
Vietnam Era Veterans’ Readjustment Assistance Act of 1974. . . . . . . . . . . . . . 3
The
Civil Service Reform Act of 1978. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
The
Americans with Disabilities Act (ADA) of 1990. . . . . . . . . . . . . . . . . . . . . . . . . . 3
The
Veterans Education and Employment Program Amendments of 1991. . . . . . . .3
The
Architectural Barriers Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
The
Pregnancy Discrimination Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Title
5, United States Code, Sections 3312 and 3318. . . . . . . . . . . . . . . . . . . . . . . . 4
The
Family and Medical Leave Act of 1993. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ROLES
AND RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Equal
Employment Opportunity Commission (EEOC). . . . . . . . . . . . . . . . . . . . . . . . 5
U.S.
Office of Personnel Management (OPM). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
President’s
Committee on Employment of People with Disabilities. . . . . . . . . . . . . . 6
Federal
Employers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Other
Services and Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
DEFINITIONS
AND TERMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Person
with a disability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Qualified
person with a disability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Invisible
(hidden) disabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Targeted
disabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Substance
abuse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Persons
with Human Immunodeficiency Virus (HIV). . . . . . . . . . . . . . . . . . . . . . . . 11
HIRING:
ISSUES AND OPTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Qualified
Job Applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Essential
Job Functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Individualized
Assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Medical
Examinations and Inquiries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Confidentiality
of Disability-Related Personal Information. . . . . . . . . . . . . . . . . . . . 14
Hiring
Options. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Competitive
Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Time-limited
Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Student
Employment Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Presidential
Management Intern (PMI) Program. . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Appointment
Under Special Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Disabled
Veterans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
REASONABLE
ACCOMMODATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Testing
with Appropriate Accommodations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
Restructuring
Jobs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Modifying
Worksites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Accessible
Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Adjusting
Work Schedules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Assistive
Devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Readers,
Interpreters, and other Effective Communication Tools. . . . . . . . . . . . . . 24
Flexible
Leave Policies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Reassignment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27
Eliminating
Transportation Barriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Services
Provided Through Contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
Minimal
Cost Accommodations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29
WORKING
WITH PEOPLE WITH DIFFERENT DISABILITIES. . . . . . . . . . . . . . . . . . .31
People
with Mobility Impairments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
People
Who Are Blind or Who Have Vision Impairments. . . . . . . . . . . . . . . . . . . . .32
People
Who Are Deaf or Hard of Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33
People
with Invisible (Hidden) Disabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34
People
with Mental Retardation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
People
with Psychiatric Disabilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
People
with Muscular or Neurological Limitations. . . . . . . . . . . . . . . . . . . . . . . . . . .35
INTEGRATING
PEOPLE WITH DISABILITIES INTO THE WORKFORCE. . . . . . . . . 37
Interviewing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Career
Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38
Performance
Evaluations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Awards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PROMOTING
THE EMPLOYMENT OF PEOPLE WITH DISABILITIES. . . . . . . . . . . .41
APPENDIX
1: FEDERAL RESOURCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
APPENDIX
2: REFERENCES AND REGULATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . 43
I. General
Medical Personnel Guidance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
II. Special
Appointing Authorities for Persons with Disabilities. . . . . . . . . . . . . .45
III. Disability
Retirement (OPM). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46
IV. Drug
and Alcohol Testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
V. Hearing
Conservation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49
VI. Infectious
Diseases (HIV/AIDS, Hepatitis, Tuberculosis, etc.) Involving
Employee Relations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
VII. Medical
Disqualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
VIII. Medical
Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
IX. Workers
Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51
X. Pregnancy
Related Issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
XI. Respiratory
Protection Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52
XII. Safety
and Occupational Health Programs. . . . . . . . . . . . . . . . . . . . . . . . . . 52
XIII.Veterans
and the Civil Service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
XIV.Violence
in the Workplace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
INTRODUCTION
The
Federal Government must strive to create and maintain a sound,
diverse, and cooperative work environment. Equal opportunity
in employment for all people, regardless of race, color, sex,
age, religion, national origin, or disability should be the
common goal across government. However, persons with disabilities
are often overlooked as a source of employable talent.
On
March 13, 1998, President Clinton addressed the underemployment
of people with disabilities by signing Executive Order 13078
establishing the Presidential Task Force on Employment of Adults
with Disabilities. The Task Force was charged with creating
a coordinated and aggressive national policy to bring working-age
individuals with disabilities into gainful employment at a rate
approaching that of the general adult population.
This
guide and its companion piece, “Accessing Opportunity:
The Plan for Employment of People with Disabilities in the Federal
Government,” were developed in support of the Task
Force’s efforts and recommendations. The purpose of this
guide is to provide guidance, information, and references to
aid Federal employers in their efforts to hire and advance employees
with disabilities.
LEGAL
FRAMEWORK
There
are several laws which support and encourage the employment,
retention, and advancement of people with disabilities.
1)
Section
501 of the Rehabilitation Act of 1973 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 make “reasonable accommodations” to
applicants and employees with disabilities. 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 which 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.
2)
Section
508 of the Rehabilitation Act of 1973, as amended requires
Federal agencies to procure, use, maintain, and develop only
accessible electronic and information technology, unless doing
so imposes an undue burden. National security systems are exempt.
Federal agencies will be required to comply with standards promulgated
by the Architectural and Transportation Barriers Compliance
Board (the Access Board) that take effect on August 7, 2000,
when they will become part of the Federal Acquisition Regulation
(FAR). Agencies must biannually evaluate their compliance with
Section 508 and must report the results of these self-evaluations
to the Attorney General.
3)
The Vietnam
Era Veterans’ Readjustment Assistance Act of 1974.
In furtherance of the policy of promoting "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.
4)
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, and with proper
regard for privacy and constitutional rights.
5)
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. §§ 12111 et. seq. and 42 U.S.C.
§§ 12201-204 and 12210.
6)
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.
7)
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.
8)
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 as any
other short-term disability.
9)
Title 5,
United States Code, Sections 3312 and 3318 require that
any disqualification, non-selection, or passover of a veterans’
preference eligible applicant for medical reasons must 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
disqualified for medical reasons also has a right to a higher
level of review pursuant to OPM regulations set forth in 5 CFR,
Section 339.306.
10)
The Family
and Medical Leave Act of 1993(5 U.S.C. § 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.
ROLES
AND RESPONSIBILITIES
The
following Federal and State entities have responsibilities concerning
the employment of people with disabilities:
Equal
Employment Opportunity Commission (EEOC)
The
EEOC is responsible for regulating and enforcing the Federal
program for equal employment opportunity, developing the regulations
and policies governing non-discrimination requirements, overseeing
the development and implementation of Federal agencies’
affirmative action programs, and adjudicating claims of disability
discrimination in the Federal government. Instructions on affirmative
action plans for job applicants and employees with disabilities
may be found in EEOC’s Management Directives 712 and 713.
EEOC’s
Management Directive 713 requires that Federal agencies submit
Annual Affirmative Action Program Plans and accomplishment reports.
This directive is issued pursuant to the EEOC’s obligation
and authority under Section 501 of the Rehabilitation Act of
1973.
EEOC
is also responsible for approving or disapproving each agency-wide
affirmative action program plan; evaluating the accomplishments
of each agency; and communicating results of evaluations to
each agency with instructions for submission of a revised agency-wide
plan if required. EEOC will work closely with Federal Government
personnel to assist in creating and implementing effective affirmative
action programs.
Guidelines
on reasonable accommodation for people with disabilities and
nondiscrimination requirements applicable to all employers have
been published by the EEOC. Most of these documents can be downloaded
from EEOC’s Internet website at: http://www.eeoc.gov.
In
addition, EEOC issues an annual report on employment of individuals
with disabilities in the Federal Government to the President
and Congress of the United States.
U.S.
Office of Personnel Management (OPM)
OPM
provides nationwide program leadership, development, and coordination
for the employment of people with disabilities, including veterans
with service-connected disabilities. This includes providing
direction, guidance, and technical support to agency heads,
directors of personnel, agency personnel offices and officials;
developing recruitment policy and appointing authorities; providing
information on employment methods and program development to
departments and agencies; developing publications for use in
promoting employment; developing, monitoring, and modifying
examining procedures to facilitate the employment consideration
of qualified applicants with disabilities; and developing medical
policy and realistic medical and suitability standards.
OPM
takes the lead role in promoting reemployment of employees with
or recovered from compensable injuries or illnesses, and fostering
research and demonstration projects on disability related issues.
Further, OPM maintains consistent liaison with the national
offices of Federal, private, community, and other organizations
concerned with the employment of people with disabilities.
President’s
Committee on Employment of People with Disabilities
The
President’s Committee on Employment of People with Disabilities
(PCEPD) is a small Federal agency whose mission is to communicate,
coordinate, and promote public and private efforts to enhance
the employment of people with disabilities. The PCEPD provides
information, training, and technical assistance related to the
employment of people with disabilities. Some of the projects
and resources developed by the PCEPD include:
∙ The
Job Accommodation Network (JAN), a toll-free information service
on workplace accommodations and the employment provisions of
the Americans with Disabilities Act. Anyone may call JAN at
(800) 232-9675 or (800) 526-7234. One can also obtain information
from the JAN Website: http://www.jan.wvu.edu/english/homeus.htm.
∙ The
Workforce Recruitment Program (WRP) for college students with
disabilities, a joint venture with the Department of Defense
which identifies college and university students with disabilities
seeking summer and permanent jobs. Federal employers may access
the candidate database by contacting their agency’s WRP
representative.
∙ Education
Kits containing timely fact sheets on disability employment
issues. These and a list of publications are available by calling
(202) 376-6200.
∙ The
PCEPD’s Website on the Internet is http://www.pcepd.gov.
It provides visitors direct access to their publications, speeches,
press releases, statistical data, workplace laws, and other
related topics affecting the employment of persons with disabilities.
Federal
Employers
Federal
agency managers and supervisors are responsible for the employment
and advancement of people with disabilities. This includes recruitment,
hiring, training, career development, mentoring support and
considering reasonable accommodations when requested.
Career
development and promotion opportunities, training, awards, and
other similar programs must be an integral part of an agency’s
responsibilities towards employees with disabilities.
Further,
Federal employers are required to make reasonable accommodations
to the known physical or mental limitations of a qualified applicant
or employee with a disability, unless the agency can demonstrate
that the accommodation(s) would impose an undue hardship on
the agency. Absent undue
hardship, agencies must remove physical barriers
as a matter of reasonable accommodation to particular employees
for whom necessary facilities are inaccessible.
Federal
employers are to establish procedures to ensure that the employment
and advancement of people with disabilities meet affirmative
action program objectives, diversity planning, emphasis, and
accountability. Federal employers should also ensure that there
are no personnel or management policies, practices or procedures
which unnecessarily restrict hiring, placement and advancement
of people with disabilities.
It
is illegal for a Federal agency to discriminate in employment
against qualified individuals with disabilities. Anyone who
believes he or she has been subjected to discrimination on the
basis of disability may file a complaint with the employing
agency’s equal employment opportunity (EEO) office. Departments
and agencies should refer to EEOC’s MD-110 and 29 CFR,
Part 1614, for additional guidance on the EEO complaint process.
Other
Services and Resources
Many
valuable resources exist within the Federal government to help
agencies meet their legal obligations:
∙ Equal
Employment Opportunity Commission
∙ U.S.
Department of Education:
∙ Rehabilitation
Services Administration;
∙ Assistive
Technology Program;
∙ U.S.
Architectural and Transportation Barriers Compliance Board ("Access
Board");
∙ U.S.
Department of Transportation;
∙ President’s
Committee on Employment of People with Disabilities and its
Job Accommodation Network (JAN); and
∙ General
Services Administration.
Employees
with disabilities within the agency are another vital resource.
Many of them are active in advocacy groups, serve on agency
advisory committees, and are experts on various aspects of disability
and rehabilitation. Other resources include:
∙ Local
and State Committees on Employment of People With Disabilities;
∙ University
medical centers and counseling programs; and
∙ Advocacy
organizations for persons with disabilities.
State
Vocational Rehabilitation Agencies (SVRAs) and the U.S. Department
of Veterans Affairs’ (VA) Vocational Rehabilitation Program
are also potential resources. They provide counseling, evaluation,
training and other services to individuals with disabilities,
including disabled veterans. Internet addresses for each SVRA
can be accessed at: www.nchrtm.okstate.edu/ncrtm_links/state_VR.html.
For
more information and to locate the nearest VA facility, please
access the Internet at: http//www.va.gov/stations97/guide/home.asp?DIVISION=ALL.
Also, telephone numbers may be found in the government blue
pages section of the local telephone directory.
Through
these various resources, agencies can find help to:
∙ Explain
disabilities;
∙ Prepare
certification documents;
∙ Refer
qualified applicants and provide follow-up assistance for placements
made;
∙ Provide
assistance when individuals with disabilities employed under
excepted appointing authorities are upgraded or downgraded or
when problems arise with regard to these employees;
∙ Evaluate
the rehabilitation needs of Federal employees who develop disabilities
and advise managers and supervisors about services available;
∙ Purchase
special equipment that individuals with disabilities need to
perform their jobs;
∙ Locate
trained readers for persons who have vision impairments, qualified
sign language interpreters for persons who have hearing impairments,
and personal assistants for individuals with disabilities;
∙ Advise
about modification(s) needed to overcome architectural, transportation,
and communication barriers;
∙ Participate
in training programs for Federal employees, managers and supervisors
relating to subjects such as reasonable accommodations, modification
of jobs or worksites, affirmative action programs, and other
related subjects; and
∙ Arrange
for Federal employees, managers, and supervisors to tour rehabilitation
centers, workshops, campus facilities for students with disabilities,
and independent living centers.
DEFINITIONS
AND TERMS
Person
with a disability: The Rehabilitation Act of 1973, as
amended, defines a person with a disability as an individual
who:
∙ Has
a physical or mental impairment which substantially limits one
or more of such person’s major life activities (such as:
caring for oneself, performing manual tasks, walking, seeing,
hearing, speaking, breathing, learning, and working). A “physical
or mental impairment” means:
1)
Any physiological disorder, or condition, cosmetic disfigurement,
or anatomical loss affecting one or more systems such as: neurological,
musculoskeletal, special sense organs, cardiovascular, reproductive,
digestive, respiratory, genito-urinary, hemic and lymphatic,
skin, and endocrine; or
2)
Any mental or psychological disorder, such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
∙ Has
a record of such an impairment (this means that the person has
a history of, or has been classified -or misclassified- as having
a mental or physical impairment that substantially limits one
or more major life activities); or
∙ Is
regarded as having such an impairment; this includes individuals
who are perceived to have disabilities.
Qualified
person with a disability: A qualified person with a disability
is a person with a disability who, with or without reasonable
accommodation, can perform the essential functions of the position
in question.
Invisible
(hidden) disabilities: These are disabilities that are
not readily apparent, such as asthma, arthritis, chronic fatigue
syndrome, epilepsy, kidney disease, diabetes, cancer, chronic
depression, learning disabilities, and mild mental retardation.
Targeted
disabilities: Targeted disabilities, as defined by the
Equal Employment Opportunity Commission (EEOC), are disabilities
"targeted" for emphasis in affirmative action planning. These
are: deafness, blindness, missing extremities, partial paralysis,
complete paralysis, convulsive disorders, mental retardation,
mental illness, and genetic or physical condition affecting
limbs and/or spine. Although the list of targeted disabilities
is meant to include those who are most likely to suffer job
discrimination, the EEOC recognizes that some disabilities that
are not targeted are nevertheless just as severe or more severe
than some of the targeted disabilities.
Substance
abuse: The Americans with Disabilities Act of 1990 amended
the Rehabilitation Act (1973) definition of an individual with
a disability to exclude
“individuals currently engaging in the illegal use of
drugs” with respect to discrimination based on illegal
drug use regardless of whether it can be shown to adversely
affect job performance or safety. Federal employers are no longer
required to offer a firm choice or last chance agreement[s]
unless mandated by agency policy or a collective bargaining
agreement. Managers should consult with their agency Human Resources
office, EEO, and legal counsel.
Persons
with Human Immunodeficiency Virus (HIV): Protection under
the Rehabilitation Act begins the moment a person becomes infected
with HIV.
HIRING:
ISSUES AND OPTIONS
Qualified
Job Applicant
Federal
employers must not discriminate against qualified job applicants
with disabilities.
An applicant with a disability is "qualified" if he or she:
∙ satisfies
the agency's job requirements for educational background, employment
experience, skills, licenses, and any other qualification standards
that are job related and consistent with business necessity;
and
∙ is
able to perform those tasks that are essential to the job, with
or without reasonable accommodation.
Essential
Job Functions
Essential
functions are the basic job duties that an employee must be
able to perform, with or without reasonable accommodation. Agencies
should carefully examine each job to determine which functions
or tasks are essential to performance. This is particularly
important before taking an employment action such as recruiting,
advertising, hiring, promoting, or firing.
Agencies
should ask the following questions to determine if a job's functions
are "essential:"
∙ Are
employees in that position actually required to perform the
function?
Ex: If
an announcement for a receptionist's position lists "typing"
as a requirement, but other receptionists do not actually type
as part of their job, the function is not "essential" to the
job.
∙ How
many other employees are available to perform the function or
among whom the performance of the function can be distributed?
∙ Would
removing the function fundamentally change the job?
∙ What
degree of expertise or skill is required to perform the function?
When
asking these questions, the employer should focus on the purpose
of the job, not on how the purpose is to be accomplished.
Ex: If
a job requires mastery of information contained in technical
manuals, this essential function would be "ability to learn
technical material," rather than "ability to read technical
manuals." People with vision and other reading impairments could
perform this function using other means, such as audiotapes.
The
same analysis applies to current employees with disabilities
who are eligible for promotion consideration. That is, an employee
with a disability is "qualified" for all promotions for which
a similarly-situated non-disabled person would be eligible,
provided that he or she can perform the "essential functions"
of the job to which he or she would be promoted, with or without
reasonable accommodation.
Individualized
Assessment
When
determining whether a particular job applicant with a disability
can perform the essential functions of a job with or without
reasonable accommodation, Federal employers must conduct what
is called an "individualized assessment." If this assessment
indicates that due to the person's disability, even when given
appropriate reasonable accommodations he or she could not perform
the essential job functions, or could not perform them without
posing a significant risk of substantial harm to the applicant
or others, the agency does not have to give further consideration
to him or her. The agency must look objectively at the particular
person's current ability to perform the essential job functions,
with or without reasonable accommodation. Generalized "blanket"
exclusions of an entire group of people with a certain disability
often prevent such individualized assessments. Agencies generally
should not make such broad-based exclusions that do not reflect
up-to-date medical knowledge and technology or that are based
on fears about future medical or worker's compensation costs.
Medical
Examinations and Inquiries
An
employer must wait until after making a conditional offer of
employment before conducting a medical examination of a job
applicant. OPM regulations generally prohibit an agency from
ordering a medical examination for either an applicant or an
employee unless the individual is applying for or occupies a
position that is subject to specific medical standards, physical
requirements, or a medical evaluation program. Medical standards
and physical requirements must be job related and be based on
the minimum abilities necessary for safe and efficient performance
of the duties of the position in question. For additional guidance,
see 5 CFR Part 339 and 29 CFR 1614.203(e).
Confidentiality
of Disability-Related Personal Information
All
information obtained from permissible affirmative action inquiries
and post-offer medical examinations and inquiries must be collected
and maintained on separate forms, in files that are separate
from the standard personnel files, and must be treated as confidential
medical records.
Hiring
Options
Agency
personnel offices work with State vocational rehabilitation
agencies (SVRAs), the Department of Veterans Affairs, colleges
and universities (e.g., Gallaudet University) and other various
organizations to locate and identify qualified people with disabilities.
In addition, many Federal employers participate in focused job
fairs and campus recruitment visits to identify qualified people
with disabilities. Hiring may be accomplished through the competitive
hiring process or, if the qualifications are met, through the
use of excepted service appointment authorities.
Federal
employers may use a variety of hiring options to bring people
with disabilities into their workforce. Descriptions of key
options are listed below.
Competitive
Appointments
Most
Federal employees obtain jobs competitively. Applicants apply
directly to the hiring departments and agencies for most positions.
Federal employers use a variety of assessment tools in evaluating
applicants and conducting hiring. If passing a written test
is required, testing accommodations are available, if requested.
Once this process is completed, an agency may select from a
list of qualified applicants.
OPM
has developed the USAJOBS
Federal employment information system to assist job applicants
seeking Federal employment. Job applicants can pursue Federal
job opportunities by using any of the automated components of
USAJOBS. USAJOBS
provides worldwide job vacancy information, employment information
fact sheets, job applications and forms, and has on-line resume
development and electronic transmission capabilities. In many
instances, job seekers can apply for positions on-line. USAJOBS
is updated every business day from a database of more than 10,000
worldwide job opportunities. USAJOBS
is available to job seekers in a variety of formats, ensuring
access for customers with differing physical and technological
capabilities. It is convenient, user friendly, accessible through
the computer or telephone and available 24 hours-a-day, seven
days-a-week. The official web site for Federal jobs and employment
information may be accessed at http://www.usajobs.opm.gov.
An interactive voice response telephone system can be reached
at (912) 757-3000 or TDD (912) 744-2299 or at 17 OPM Service
Centers located throughout the country (local numbers listed
in the blue pages).
Time-limited
Appointments
An
agency may fill a position using a temporary or term appointment
when the need for an employee’s services is not permanent.
Temporary appointments are made not to exceed one year, with
one 1-year extension. The work must not be permanent in nature.
In contrast, term appointments are made for a period of more
than one year but not to exceed four years.
Term
appointments are appropriate when there is project work, extraordinary
workload, scheduled abolishment, reorganization, contracting
out of the function, uncertainty of future funding, or the need
to maintain permanent positions for placement of employees who
would otherwise be displaced from other parts of the organization.
Student
Employment Programs
The
Student Educational Employment Program helps Federal employers
find the right people to fill current and future hiring needs.
The program also gives students the opportunity to get hands-on
experience in their chosen career field. The program has two
major components; Student Temporary Employment and Student Career
Experience.
∙ Student
Temporary Employment opportunities range from summer
jobs to positions that can last as long as the student is enrolled.
The Federal job does not have to be related to the student’s
academic field of study.
∙ Student
Career Experience opportunities include formal periods
of work and study while the student attends school. This requires
a commitment by the student, the school, and the Federal employer.
Work experience is directly related to the student’s academic
field of study. After successfully completing the educational
and work requirements, the student is eligible for permanent
job opportunities.
Presidential
Management Intern (PMI) Program
The
PMI Program is designed to attract to the Federal service outstanding
graduate students from a wide variety of academic disciplines
who have an interest in, and commitment to, a career in the
analysis and management of public policies and programs. Individuals
eligible to be nominated for the PMI Program are graduate students
completing a master's or doctoral-level degree from an accredited
college or university during the current academic year.
Students
are nominated for the PMI Program by the appropriate dean, director
or chairperson of their graduate academic program. All nominees
are evaluated by an OPM-developed structured assessment process.
Selection as a PMI finalist is based on review of the PMI application
and the structured assessment process.
PMIs
receive an initial two-year appointment. During the two-year
internship, PMIs experience structured orientation and graduation
training programs facilitated by OPM, as well as seminars, briefings,
conferences, on-the-job training, rotational assignments, and
other developmental opportunities arranged by participating
Federal employers. After successfully completing the two-year
program, PMIs may be eligible for conversion to a permanent
position and further promotional opportunities.
Appointment
Under Special Authorities
The
Federal Government’s hiring options include excepted service
special appointing authorities for people with disabilities.
Federal employers are authorized to use these authorities when
considering certain people with disabilities (those who have
severe physical, cognitive, or psychiatric disabilities or who
have a history of or who are regarded as having such disabilities).
The authorities provide a unique opportunity to demonstrate
the potential to successfully perform the essential duties of
a position with or without reasonable accommodation in the workplace.
∙ Schedule
A, 5 CFR 213.3102(t) for Hiring People with Mental Retardation.
This authority is used to appoint persons with cognitive disabilities
(mental retardation) who meet the eligibility requirements.
Upon completion of 2 years of satisfactory performance the employee
may qualify for conversion to the competitive service.
∙ Schedule
A, 5 CFR 213.3102(u) for Hiring People With Severe Physical
Disabilities. This author
