Disability Employment FAQs

Under the new 5 CFR 213.3102(u) appointing authority, a hiring agency may make:

• A temporary appointment for an individual who has the proof of disability but not the certification of job readiness. Using some type of temporary appointment in lieu of certification of job readiness has long been available to agencies. OPM is continuing this practice but clarifying it in the context of the revised appointing authority. The individual may work under the 5 CFR 213.3102(u) appointment until the agency determines that the individual is able to perform the duties of the position, or he/she gains the certification from one of the entities listed in this document. Once certification is obtained, the agency may then appoint the individual to a time-limited or permanent appointment under the 5 CFR 213.3102(u) authority. If the individual does not gain certification during the appointing authority timeframe, or does not demonstrate satisfactorily his or her ability to perform the duties of the job, the agency must separate the employee. (Refer to 5 CFR 213.104 for the definition and restrictions on temporary appointments in the excepted service.)
• A temporary appointment of an individual who provides proof of a disability and certification of job readiness, when the duties of the position do not require it to be filled on a permanent basis. (Refer to 5 CFR 213.104 for the definition of temporary appointment)

The Federal Register has posted the new regulation on the Federal Register website at http://origin.www.gpoaccess.gov/fr/ and the Office of Personnel Management (OPM) has posted it on its website at www.opm.gov/fedregis and www.opm.gov/disability. OPM provided notification to Federal agencies through the Chief Human Capital Officer Council.

Executive Order 13163, which became effective in July, 2000, calls for Federal agencies to increase employment opportunities for individuals with disabilities employed at all levels and occupations in the Federal Government. It focuses attention on the need to hire and advance qualified individuals with disabilities within the Federal Government. Executive Order 13163 also requires each Federal agency to have a plan as to how it will increase the opportunities for individuals to be hired in the agency.

OPM provides information about the application process at www.opm.gov/disability/appempl_3-11.asp.  There are several other application options available to applicants with disabilities.  For example:

• Competitive Appointments.  Many applicants with disabilities find employment through standard competitive procedures in the same manner as individuals without disabilities.  (www.usajobs.gov)
• Student Employment Programs.  This program helps Federal employers find the right people to fill current and future hiring needs.  It also gives students the opportunity to get hands-on experience.  This program has two major components – the Student Temporary Employment Program (STEP) and the Student Career Experience Program (SCEP).  (www.usajobs.gov/students.asp)
• Federal Career Intern Program.  This program is designed to help agencies recruit and attract exceptional individuals into a variety of occupations.  It was created under Executive Order 13162, and is intended for positions at grade levels GS-5, 7, and 9.  In general, individuals are appointed to a 2-year internship.  Upon successful completion of the internships, the interns may be eligible for permanent placement within an agency.  (www.opm.gov/careerintern/)
• Veterans Appointments.  There are a number of authorities available to assist veterans who are seeking, or wish to change, Federal employment including, Veterans Recruitment Appointment (VRA), 30% or More Disabled Veterans Program, and Veterans Employment Opportunity Act (VEOA) appointments.  See OPM's VetGuide at http://www.opm.gov/veterans/vetguide.pdf [208 KB]

Under the new 5 CFR 213.3102(u) appointing authority, a hiring agency may also, in addition to the temporary appointments identified in the question above, make:

• A time-limited appointment of an individual who provides proof of disability and certification of job readiness, when the duties of the position do not require it to be filled on a permanent basis. (Refer to 5 CFR 213.104 for the definition of time-limited appointment.)
• A permanent appointment of an individual who provides proof of disability and certification of job readiness.  Note to hiring agencies: the intent of Executive Orders 12125 and 13124 is to permit these deserving individuals (upon meeting the requirements) to obtain civil service competitive status which is obtained through conversion to the competitive service rather than remaining in the excepted service.

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.

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.

An agency may noncompetitively convert to a career or career-conditional appointment in the competitive service an employee who has completed 2 years of satisfactory service under this authority. Satisfactory service is service that begins with a non-temporary (e.g., permanent or indefinite) 5 CFR 213.3102(u) appointment. (Refer to 5 CFR 315.709)

OPM expanded the types of entities from which an agency may accept proof of disability and certification of an applicant's job readiness. Agencies may accept proof and certification 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 agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.

A major life activity is a function that the average person in the general population can perform with little or no difficulty. Major life activities include activities such as caring for oneself, seeing, hearing, walking, breathing, speaking, learning, sitting, standing, lifting, reaching, and working.

  An agency is not required to make an accommodation if it can demonstrate that providing the accommodation would impose an undue hardship on its everyday operations. An undue hardship is an action that requires "significant difficulty or expense" in relation to:  

• overall size of the agency's program with respect to the number of employees, number and type of facilities and size of budget;
• type of operation, including the composition and structure of the agency's workforce; and
• nature and cost of the accommodation.

You should discuss this matter with your supervisor and attempt to resolve the situation (including any misunderstanding) informally. In addition, be ready, willing, and able to volunteer for assignments as opportunities arise. By taking the initiative to volunteer, you speak volumes about your attitude and approach to the work in the office.

Generally the agency (employer) must bear the costs of accommodations. Some agencies are organized to provide central funding of the costs of accommodations. Central funding assures that funding is available for accommodations. Check with your personnel office, disability coordinator, or EEO office or your agency’s reasonable accommodation policy to see how funding for accommodations is handled in your agency. Also, the Computer/Electronic Accommodations Program (CAP) at the Department of Defense may pay the cost of any technology-related accommodations for covered agencies. Contact the CAP for more information. If a client of the State vocational rehabilitation program is being hired, the State agency may pay for those accommodations that the individual would be able to use at any job site (e.g., a Braille notetaking device, an assistive listening device for use with the telephone). The State agency generally does not pay for accommodations to a work station or worksite that must then remain at that location after the individual leaves. If a client of the Vocational Rehabilitation and Employment Service of the Department of Veterans Affairs (VA) is being hired, the VA may pay the cost of accommodations.

An agency is not required to make an accommodation if it can demonstrate that providing the accommodation would impose an undue hardship on its everyday operations. An undue hardship is an action that requires "significant difficulty or expense" in relation to:

• overall size of the agency's program with respect to the number of employees, number and type of facilities and size of budget;

• type of operation, including the composition and structure of the agency's workforce; and

• nature and cost of the accommodation.

• The Computer/Electronic Accommodations Program (CAP) provides assistive technology accommodations and services to persons with disabilities at the Department of Defense and over 38 Federal agencies (upon the request of the head of the Federal agency) at no cost. CAP supports accessibility efforts, including the successful implementation of Section 508’s electronic and information technology accessibility requirements.

• The U.S. Department of Agriculture established the Technology Accessible Resources Gives Employment Today (TARGET) Center to support the Department with assistive technology and ergonomic solutions. Needs assessments and demonstrations conducted by the Center provide federal employees with disabilities equal access to electronic and information technology essential in today's work force.

• The Department of Transportation - Disability Resource Center (DRC) is a one-stop shop to ensure that DOT employees with disabilities can participate fully in all aspects of the Department's work, programs and services. DRC provides reasonable accommodations, assessments, and assistive technology.

• The Department of Education's Assistive Technology Program provides support services to Education managers and supervisors in determining how technology can be used to meet the reasonable accommodation needs of employees with disabilities. These services include needs assessments, specialty equipment and software demonstrations. The Assistive Technology Team also studies software development issues pertaining to Education accessibility requirements for product implementation in Department-wide systems.

• The U.S. Department of Education (ED) Disability Policy/Section 504 Reasonable Accommodation staff within the Office of Management's Work/Life Programs Group (WLPG) promotes disability awareness and assists managers and staff with reasonable accommodation and program access needs. Having disability access resources available reflects ED's ongoing commitment to provide full access to all customers and employees with disabilities. These resources include services such as Braille and audiotape versions of ED publications, funding for reasonable accommodations, and guidance on a range of accessibility questions. Other offices within ED also provide resources and work closely with the Disability Policy/Section 504 Reasonable Accommodation staff to deliver disability-access services to all Department customers and employees who need them.  For more information, call the Section 504/Reasonable Accommodation office at 202-401-8545 Voice or 202-260-8874 TTY or call the Work/Life Programs Group main number at 202-401-2905 Voice/TTY via Federal Relay Service.

• The Department of Commerce - Committee on Resources for Electronic Accessible Technology to End Users (CREATE) offers planning and coordination of activities that increase awareness of assistive technology for people with disabilities. For more information call (202) 482-3201 (Voice) or (202) 482-4675 (TTY).

• The Department of Energy - Disability Accommodation Program, Assistive Technologies Support Team is the primary point of contact for employees with disabilities at headquarters. The Team provides coordination, responsibility, and oversight for all support interfaces with individual employees with disabilities or impairments.

• The Department of Housing and Urban Development - Housing Accessibility Resource Program (HARP) maintains an information library containing extensive reference materials and resources. HARP also provides an opportunity for managers and employees to utilize the TARGET Center at the USDA to view and evaluate assistive technology. For more information call (202) 708-0288 x268 (Voice) or (202) 708-4401 (TTY).

• The Department of Veterans Affairs (VA) - The Microcomputer Training Program for Persons with Disabilities (MTPPD) provides cost-reimbursable assistive technology training for U.S. veterans. It also provides product assessment, demonstrations, consultations, and facility tours. Currently, MTPPD is helping VA implement the Nationwide Office Automation which will allow all users access to the information environment. For more information, call (202) 273-6542 (Voice) or fax to (202) 273-6555.

• The Internal Revenue Service - Information Resources Accessibility Program (IRAP) Office provides accessible electronic information technology to customers with disabilities. Associates offer consultations, technical support, demonstrations, and facility tours. IRAP also tests IRS systems and products to ensure accessibility to and compatibility with assistive technology. To find out more, visit their website, or call (202) 283-0283 (Voice) or (202) 283-6566/67 (TTY).

• The Social Security Administration (SSA), Office of Civil Rights and Equal Opportunity (OCREO), provides adaptive devices to accommodate SSA's employees with disabilities. SSA believes that having a centralized account to purchase adaptive devices encourages managers to hire more people with disabilities since they would not have to deplete local resources to purchase expensive adaptive equipment.

A central component of SSA tracks the technologies that are compatible with SSA's systems. In 1997, SSA embarked on a four-year project to provide personal computers with mainframe emulation to all SSA employees which would be connected by local and wide area networks.

• The Federal Communications Commission - Disability Rights Office (DRO) works hard to ensure that people with disabilities have equal access to telecommunications. The DRO, housed in the FCC's Consumer Information Bureau, provides technical assistance to consumers, businesses, and government agencies on their rights and responsibilities to facilitate disability access in the foundations and frontiers of telecommunications.

No, in a case of a 5 CFR 213.3102(u) appointee transferring from one agency to another, time previously spent under a Schedule A appointment counts toward the completion of the 2 year period if the person is reappointed without a break in service.

An employee with a disability who fails to meet performance standards or whose conduct on the job is inappropriate should receive the same treatment as an employee without a disability. In most cases, documentation of poor performance or misconduct should be collected, and the employee should be advised that there are issues of concern. As with any employee, the disabled employee’s failure to address performance or conduct issues may result in letters of counseling, suspension, and even termination. The disabled employee has the same rights as the non-disabled employee to appeal these personnel actions. For additional information, contact your human resources office; OPM also has posted information on employee relations issues on their Employee Relations website.

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).

If you are required to travel as an essential function of your job, you are entitled to reasonable accommodation to travel if you need such accommodation. You should start by discussing your need for reasonable accommodations frankly with your supervisor. Accommodations may be made in a wide variety of ways. If you are unable to travel standard coach because of space requirements or mobility limitations, General Services Administration travel regulations provide authority to allow airline travel by first-class. For an employee who uses the services of an interpreter, reader or personal assistant, it may be a matter of ensuring that the personal assistant, reader or interpreter will accompany the individual on a trip or be available once the individual reaches the destination. If travel is not an essential function of the job but only an occasional requirement, you might ask your supervisor if some of the work in your office might be redistributed, allowing you to take on other assignments rather than travel. If you need additional information on how you might be accommodated during travel, you might want to talk to your human resources specialist. For more helpful information for travelers with disabilities, see the Disability.gov website.

No, individuals with disabilities are eligible to be noncompetitively converted in any Federal agency. Agency selective placement coordinators are urged to try and place disabled people with other agencies, if placement in their own agency is not possible. Checking the job listings on the OPM USAJOBS (www.usajobs.gov) is one way to locate appropriate positions for these individuals.

  Yes. The Rehabilitation Act of 1973, as amended, requires Federal agencies to provide reasonable accommodations to qualified employees or applicants with disabilities, unless doing so would cause an undue hardship to the agency. An undue hardship means that a specific accommodation would require significant difficulty or expense. A reasonable accommodation is any change to a job, the work environment, or the way things are usually done that allows an individual with a disability to apply for a job, perform the essential job functions, or enjoy equal access to benefits available to other individuals in the workplace.   Federal agencies are required by Executive Order 13164 (EO 12164) to develop written procedures for providing reasonable accommodation. You may gain greater understanding of your specific situation and alternatives available to you by reading the agency's reasonable accommodation procedures. Different agencies place responsibility for reasonable accommodation in different offices. Contact the agency's personnel office, reasonable accommodation coordinator, civil rights office, selective placement program coordinator, disability program manager or EEO office to request a copy of an agency's written procedures.

Decisions on making accommodations are made on a case-by-case basis. Executive Order 16134, however, requires each Federal agency to establish effective written procedures to facilitate the provision of reasonable accommodation for applicants and employees. Contact specific agencies for information on their decision-making process.

If the critical functions of a job involve the need to travel, it is important that job candidates and employees are made aware of this requirement. Many people with disabilities are not limited in their ability to travel or perform temporary duty away from the office. In this case, no accommodation is needed. In other cases, a person's disability may affect his or her ability to travel. As with all reasonable accommodations, start with the employee. The accommodation needed for traveling will vary according to a person's disability and the mode, frequency and duration of travel. Constant travel is far different from an occasional trip. Local travel needs are far different from international air travel needs. For an employee who uses the services of an interpreter, reader, or personal assistant, it may be a matter of ensuring that the personal assistant, reader, or interpreter accompany the individual on a trip or be available once the individual reaches the destination. The General Services Administration travel regulations also provide authority to allow airline travel by first-class accommodation when a person with a disability is unable to travel standard coach because of space requirements or mobility limitations. In some cases, travel may not be involved in a critical job function, and it may be possible to redistribute duties in a work center, giving travel duties to some employees and other duties to those employees who have limitations with regard to travel. Sometimes, after looking at the job requirements and consulting with the individual and professional resources on job accommodations, you may find that the particular job requirements and the particular needs/limitations of a person with a disability are simply not compatible.The important point is not to assume that travel is impossible for a disabled person. In many situations, with a little thought and advance planning, a person with a disability can perform required travel and effectively accomplish the requirements of his/her job. For helpful information for travelers with disabilities, see the Disability.gov website.