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PBGC’s Procedures for Processing Requests for 

Reasonable Accommodations and Personal Assistance Services

 Effective Date: April 2, 2019

1. PURPOSE: These are PBGC's Procedures for processing, determining 

eligibility for, or otherwise handling reasonable accommodation requests 

submitted by PBGC employees, their authorized representatives, and 

applicants for employment. These requests may include a change in work 

environment, a modification or adjustment to workplace rules, and/or a 

modification or adjustment to the physical work environment. These 

Procedures also apply to requests for personal assistance services (PAS)

(Referred collectively to “Procedures”).

2. CANCELLATION: These Procedures revise and update PBGC Directive 

PM 30-07 (Procedures for Processing Requests for Reasonable 

Accommodation) issued June 6, 2013. The revisions incorporate the Equal 

Employment Opportunity Commission’s (EEOC) Final Rule: Affirmative 

Action for Individuals with Disabilities in Federal Employment, 29 CFR 

§1614.203, effective January 3, 2018. The Procedures conform with the 

EEOC’s guidance to PBGC issued by letter dated July 24, 2018, and were 

approved by the EEOC by letter dated February 6, 2019. Any modifications 

to these Procedures must be re-submitted to the EEOC.

3. SCOPE: All PBGC employees and applicants for employment are covered 

by these Procedures. For bargaining unit employees, the CBA and any 

agreement made pursuant thereto, shall take precedence over any conflicting 

provision in these Procedures. Individuals currently engaged in the illegal 

use of drugs, either as a casual user or as an addict, are not protected by the 

Rehabilitation Act when the PBGC acts on the basis of such drug use. 

4. AUTHORITIES: 

a. The Rehabilitation Act of 1973, as amended, 29 U.S.C. §§ 701 et 

seq., requires the PBGC to provide reasonable accommodation to 

a qualified individual with a disability unless the accommodation 

would pose an “undue hardship.” 

b. The American with Disabilities Act Amendments Act of 2008 

(ADAAA), 42 U.S.C. §§ 12101, et seq., which emphasizes that 

the definition of disability under the ADAAA, should be 
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construed in favor of broad coverage of individuals to the 

maximum extent permitted by the terms of the ADAAA. The 

changes made by the enactment of the ADAAA apply to federal 

employees through amendments made to the Rehabilitation Act. 

The Equal Employment Opportunity Commission (“EEOC”) was 

charged by Congress to issue regulations consistent with the 

changes made by the ADAAA. These regulations were effective 

May 24, 2011 and are codified at 29 CFR Part 1630. 

c. Effective January 3, 2018, the EEOC amended its regulations

under Section 501 of the Rehabilitation Act. Codified at 29 CFR 

1614.203, these regulations require agencies to meet a number of 

requirements designed to improve the recruitment, hiring, 

retention and advancement of individuals with disabilities in the 

federal workforce. One of these requirements is to provide 

personal assistance services (PAS) to employees with targeted 

disabilities.

d. Genetic Information Nondiscrimination Act of 2008 (GINA). An 

act prohibiting covered employers from requesting or requiring 

disclosure of genetic information from or by an individual, with 

some specific exceptions. 

e. Executive Order 13164 and Equal Employment Opportunity 

Commission (“EEOC”) policy guidance require the PBGC to 

establish written procedures for processing requests for reasonable 

accommodation. 

5. DEFINITIONS: 

a. An individual with a disability. An individual who: 

(1) Has a physical or mental impairment that substantially 

limits one or more of the person's major life activities

(sometimes referred to in the regulations as an “actual 

disability”); 

(2) Has a record of a physical or mental impairment that 

substantially limited a major life activity (sometimes 

referred to as “record of”); or 

(3) Is regarded as having such impairment. This means the 

individual has been subjected to an action prohibited by the 

Americans with Disabilities Act (ADA) because of an 
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actual or perceived physical or mental impairment, whether 

or not that impairment substantially limits, or is perceived 

to substantially limit, a major life activity (sometimes 

referred to as “regarded as”). Prohibited actions include but 

are not limited to refusal to hire, demotion, placement on 

involuntary leave, termination, harassment or denial of any 

other term, condition, or privilege of employment. 

However, PBGC is not obligated to provide a reasonable 

accommodation to an employee or applicant that is covered 

only under the “regarded” as prong of the definition. 

b. Authorized representative. A person endorsed by the requestor 

to act on the requestor’s behalf. 

c. Essential functions. Those job duties that are so fundamental to 

the position that the individual cannot do the job without being 

able to perform them. A function can be "essential" if, among 

other things: 

(1) The position exists specifically to perform that function; 

(2) There are a limited number of other employees who could 

perform the function if assigned to them; or 

(3) The function is specialized and the incumbent is hired based 

on his/her ability to perform it. 

d. Extenuating circumstances. Factors that reasonably could not 

have been anticipated or avoided in advance of the request for the 

accommodation. For example, a decision to grant or deny a 

reasonable accommodation request may be delayed by the failure 

of an individual’s health professional to provide needed medical 

documentation. The provision of an accommodation may be 

delayed by the need to purchase furniture or equipment on back 

order from a vendor. In both cases, the delay would be considered 

the result of extenuating circumstances. These examples are 

provided for illustration purposes and are not meant to exclude 

other situations that may result in extenuating circumstances. 

e. Genetic Information Nondiscrimination Act of 2008 (GINA). 

An act prohibiting covered employers from requesting or 

requiring genetic information of an individual or family member 

of the individuals with specific exceptions. “Genetic information” 

as defined by GINA, includes an individual’s family medical 

history the results of an individual’s or family member’s genetic 
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tests, the fact that an individual or an individual’s family member 

sought or received genetic services, and genetic information of a 

fetus carried by an individual or an individual’s family member or 

an embryo lawfully held by an individual or family member 

receiving assistance reproductive services. 

f. Has a record of such impairment. An individual who does not 

currently have a substantially limiting impairment but who had 

one in the past meets this definition of “disability.” An individual 

also can meet this definition if they were once misclassified as 

having a substantially limiting impairment (e.g., someone

erroneously deemed to have had a learning disability but who did 

not). 

g. Hidden impairment. An impairment is considered “hidden” 

when its nature or extent is not obvious, readily apparent, or 

already known to others (e.g., diabetes, heart disease, mental 

disorders, etc.). Individuals requesting reasonable 

accommodation may be required to submit medical documentation 

from a health care provider where the disability and/or the need 

for accommodation is not obvious or known. 

h. Interactive Process. A dialogue between the employee, 

Reasonable Accommodation Coordinator (“RAC”) and PBGC 

official to determine the essential functions of the position, gather 

medical information, identify the limitations caused by the 

condition, discuss possible reasonable accommodation options and 

assess the effectiveness of identified reasonable accommodations. 

The interactive process is generally needed when the specific 

limitation, problem or barrier caused by the medical condition is 

unclear; an effective accommodation is not obvious; or the 

participants involved are considering different forms of reasonable 

accommodations. 

i. Major life activities. 

(1) Activities which include but are not limited to the following: 

(a) Caring for oneself, performing manual tasks, seeing, 

hearing, eating, sleeping, walking, standing, sitting, 

reaching, lifting, bending, speaking, breathing, 

learning, reading, concentrating, thinking, 

communicating, interacting with others, and 

working; and 
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(b) The operation of a major bodily function, including 

functions of the immune system, special sense 

organs and skin; normal cell growth; and digestive, 

genitourinary, bowel, bladder, neurological, brain, 

respiratory, circulatory, cardiovascular, endocrine, 

hemic, lymphatic, musculoskeletal, and reproductive 

function. The operation of a major bodily function 

includes the operation of an individual organ within 

a body system. 

(c) In determining other examples of major life 

activities, the term “major” shall not be interpreted 

strictly to create a demanding standard for disability. 

j. PBGC Official. PBGC supervisors, managers, and/or team 

leaders. 

k. Personal Assistance Services (PAS). Non-medical services that 

help someone perform basic activities like eating, helping an 

individual take off and put on a coat, and use the restroom. They 

are not the same services that help the individual perform job 

related tasks, such as sign language interpreters for individuals 

who are deaf or readers for individuals who are blind or have 

learning disabilities. Personal assistance services must be provided 

to employees who need them because of a targeted disability 

unless doing so would impose an undue hardship on the agency as 

defined below.

l. Physical or mental impairment. 

(1) Any physiological disorder or condition, cosmetic 

disfigurement, or anatomical loss affecting one or more of 

the following body systems, such as neurological, 

musculoskeletal, special sense organs, respiratory 

(including speech organs), cardiovascular, reproductive, 

digestive, genitourinary, immune, hemic, lymphatic, skin 

and endocrine; or 

(2) Any mental or psychological disorder, such as intellectual

disability (formerly termed “mental retardation”), organic 

brain syndrome, emotional or mental illness, and specific 

learning disabilities. 
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m. Qualified individual with a disability. An individual with a 

disability who satisfies the requisite skill, experience, education 

and other job-related requirements of the employment position 

such individual holds or desires and, with or without reasonable 

accommodation, can perform the essential functions of such 

position. 

n. Reasonable accommodation. A change in the work environment 

or in the application process that would enable a person with a 

disability to enjoy equal employment opportunities. There are 

three general categories of reasonable accommodations: 

(1) Changes to a job application process to permit people with 

disabilities to be considered for jobs; 

(2) Changes to enable people with disabilities to perform the 

essential functions of a job; and 

(3) Changes to give people with disabilities equal access to the 

benefits and privileges of employment. Benefits and 

privileges of employment include, but are not limited to, 

such things as employer-sponsored: 

(a) Training; 

(b) Services (e.g., employee assistance programs 

(EAP's), credit unions, cafeterias, lounges, 

gymnasiums, auditoriums, transportation); and 

(c) Parties or other social functions (e.g., parties to 

celebrate retirements and birthdays, and company 

outings). 

o. Reasonable Accommodation Coordinator (RAC). The Director 

of the Human Resources Department (HRD), or another federal 

employee designated by the Director, HRD who may grant or 

deny reasonable accommodation and PAS requests. 

p. Regarded As. An individual is regarded as having an impairment 

if the individual is the subject of an employment action (e.g., 

refusal to hire, demotion, denial of promotion, termination, etc.) 

because of an actual or perceived physical or mental impairment, 

whether or not that impairment substantially limits, or is perceived 

to substantially limit, a major life activity. PBGC is not obligated 

to provide a reasonable accommodation to an employee or 

applicant that is covered under the “regarded as” prong of the 

definition of an “individual with a disability.”
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q. Substantially limits. The determination of whether an 

impairment substantially limits a major life activity requires an 

individualized assessment. However, in making this assessment, 

the term “substantially limits” will be construed broadly in favor 

of expansive coverage and is not meant to be a demanding 

standard. It is subject to the following conditions: 

(1) An impairment is a disability if it substantially limits the 

ability of an individual to perform a major life activity as 

compared to most people in the general population. In 

appropriate cases, the condition under which the individual 

performs the major life activity; the manner in which the 

individual performs the major life activity; and/or the 

duration of time it takes the individual to perform the major 

life activity, as compared to most people in the general 

population, should be considered. The comparison of an 

individual’s performance of a major life activity to the 

performance of the same major life activity by most people 

in the general population usually will not require scientific, 

medical, or statistical analysis; however, there is no 

prohibition on obtaining scientific, medical, or statistical 

evidence to make such a comparison where appropriate.

(2) An impairment need not prevent, or significantly or 

severely restrict, the individual from performing a major life 

activity in order to be considered substantially limiting. 

(3) The determination of whether an impairment substantially 

limits a major life activity shall be made without regard to 

the ameliorative effects of mitigating measures. However, 

the ameliorative effects of ordinary eyeglasses or contact 

lenses shall be considered in determining whether an 

impairment substantially limits a major life activity. 

(4) An impairment that is episodic or in remission is a disability 

if it would substantially limit a major life activity when 

active. 

(5) An impairment that substantially limits one major life 

activity need not substantially limit other major life 

activities in order to be considered a substantially limiting 

impairment.

(6) Applying the principles set forth in this paragraph, the 

individualized assessment of some types of impairments 

will, in virtually all cases, result in a determination of 

disability. For example, it should easily be concluded that 
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the following types of impairments will, as a minimum, 

substantially limit the major activities indicated: Deafness 

substantially limits hearing; blindness substantially limits 

seeing; an intellectual disability (formerly mental 

retardation) substantially limits brain function; partially or 

completely missing limbs or mobility impairments requiring 

the use of a wheelchair substantially limit musculoskeletal 

function, etc.)

r. Targeted Disabilities. Targeted disabilities are a subset of the 

larger disability category. They are:

(1) Developmental disabilities, for example, cerebral palsy or 

autism spectrum disorder;

(2) Traumatic brain injuries;

(3) Deafness or serious difficulty hearing, benefiting from, for 

example, American Sign Language;

(4) Blindness or serious difficulty seeing even when wearing 

glasses;

(5) Missing extremities (arm, leg, hand and/or foot)

(6) Significant mobility impairments, benefiting from the 

utilization of a wheelchair, scooter, walker, leg brace(s) and/or 

other supports;

(7) Partial or complete paralysis (any cause)

(8) Epilepsy and other seizure disorders

(9) Intellectual disabilities (formerly described as mental 

retardation)

(10) Significant psychiatric disorders, for example, bipolar 

disorder

(11) schizophrenia, PTSD, or major depression;

(12) Dwarfism; and

(13) Significant disfigurement, for example, disfigurements 

caused by burns, wounds, accidents, or congenital disorders

s. Undue hardship. Significant difficulty or expense. The PBGC 

determines undue hardship on a case by case basis, considering 

the nature and cost of the request. Any denial of an 

accommodation based on cost must consider all resources 

available to the agency as a whole, excluding those designated by 

statute for a specific purpose that does not include reasonable 

accommodation.

 
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6. OVERVIEW: 

 a. Request for Reasonable Accommodation. The PBGC will process 

a request for, and where appropriate provide, reasonable 

accommodation to a qualified individual with a disability in a 

prompt, fair, and efficient manner. Whenever possible, the PBGC 

will make use of organizations such as Computer/Electronic 

Accommodations Program (CAP) to assist qualified individuals 

with a disability to acquire assistive technology items and needs

assessments. The PBGC will consider an employee’s suggestion for 

a specific reasonable accommodation; however, the PBGC is not 

obligated to provide the employee’s preferred accommodation. 

Likewise, reasonable accommodation does not include rescinding 

discipline for misconduct.

(1) In these Procedures all references to “disability” refer to 

only those impairments that meet the ADA/Rehabilitation 

Act definition of “disability” as amended by the ADA 

Amendments Act of 2008. The expanded definition of 

“disability” is to be interpreted broadly and does not require 

an extensive analysis. 

(2) A reasonable accommodation is a change in the work 

environment or in the application process that would enable 

a person with a disability to enjoy equal employment 

opportunities. 

(3) Requests for reasonable accommodation may require 

coordination between applicants for employment, or PBGC 

employees, their authorized representatives, and PBGC 

officials. Each request will be processed on a case-by-case 

basis. 

b. Request for Personal Assistance Services (PAS) (“PAS 

request”). The process for requesting PAS, the process for 

determining whether such services are required, and the agency’s 

right to deny such requests when provision of the services would 

pose an undue hardship, are the same for reasonable 

accommodations as described below in Section 8 a, b f, g, h and i.

c. Requests That Do Not Involve Reasonable Accommodation or 

PAS. PBGC Officials have broad discretion to assist an employee 

in the performance of official duties. Assistance can be given to 

an employee who has not been determined by the Reasonable 
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Accommodations Coordinator (RAC) to have a disability as 

defined under the ADAAA. The PBGC encourages employees 

needing assistance to first meet with their PBGC Official in their 

department or organization to discuss available options. For 

example, PBGC Officials, subject to applicable budgetary, 

procurement, and other policy restrictions, may: 

(1) Approve the purchase and use of office equipment or 

supplies, such as an anti-glare screen to fit over a computer 

monitor for an employee assigned to a workstation who is 

bothered by the glare from an overhead light; provided the 

equipment or supplies do not exceed $100.00. 

(2) Authorize an employee to participate in one of the familyfriendly work programs offered by the PBGC (e.g., leave 

flexibilities, gliding, 5-4/9, or maxiflex work schedules, the 

telework program.) 

(3) Take actions to assist an employee, who does not have a 

disability as defined under the ADAAA, provided the 

assistance does not exceed $100.00 and does not fall into 

one of the following categories: 

(a) Office furniture (e.g., the purchasing of 

orthopedic/ergonomic chairs); 

(b) Furniture reconfiguration (e.g., raising/lowering 

desk); 

(c) Construction (e.g., automated door openers); 

(d) Computer assistive technology (e.g., visual 

magnification systems, teletypewriters, telephone 

amplifiers, alternative input devices, speech 

recognition systems, computer software); or 

(e) Interpreter services. 

(4) PBGC Officials should contact the HRD if they have 

questions regarding allowable assistance. 

d. Confidentiality. Every PBGC employee will preserve the 

confidentiality of information related to a request for reasonable 

accommodation by limiting disclosure of such information to 

others who have a need-to-know about the facts associated with 

the request. 

7. RESPONSIBILITIES: 
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a. Employees and Applicants for Employment. Make request(s) 

for reasonable accommodation(s) and PAS from an appropriate 

PBGC official(s) and cooperate with PBGC officials during the 

reasonable accommodation/PAS process. 

b. Director of Workplace Solutions Department (WSD). 

(1) Processes reasonable accommodation requests the 

Reasonable Accommodations Coordinator (RAC) approves 

that require the purchase of office equipment, retrofitting 

offices and furniture, etc.; 

(2) Ensures the requestor is notified when a product is delivered 

or when modification work will be completed; and 

(3) Forwards reasonable accommodation requests to the RAC. 

c. Director of Human Resources Department (HRD). 

(1) Serves or designates a federal employee to serve as the 

Reasonable Accommodation Coordinator (RAC) and 

provides guidance to all PBGC employees, PBGC Officials, 

family members, and others concerning these Procedures; 

(2) Processes all reasonable accommodation and PAS requests; 

(3) Informs the requestor of the decision to grant or deny 

requests for reasonable accommodation; and 

(4) Prepares annual reports on requests for reasonable 

accommodation and PAS, as required. 

d. Office of Equal Employment Opportunity (OEEO). 

(1) Serves as a resource on matters regarding reasonable 

accommodations and PAS; 

(2) Forwards reasonable accommodation and PAS requests to 

the RAC; 

(3) Processes Equal Employment Opportunity (EEO) 

complaints relating to reasonable accommodation matters; 

and

(4) Prepares, with input provided by the RAC, MD-715 reports 

and plans for the recruitment, hiring, advancement, and 

retention of persons with disabilities, and serves as a 

resource.

e. Office of General Counsel (OGC) renders legal advice on 

reasonable accommodation matters. Prior to denying any 
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reasonable accommodation or PAS request, the RAC will obtain 

concurrence from OGC. 

f. Office of Information Technology (OIT):

(1) Processes all reasonable accommodation requests the RAC 

approves that require the purchase and installation of 

Computer Assistive Technology;

(2) Ensures the requestor is notified when a product is delivered 

or when installation work will be completed; and

(3) Forwards reasonable accommodation requests to the RAC .

g. PBGC Officials. Recognize reasonable accommodation and 

PAS requests made by PBGC employees and applicants for 

employment with the PBGC and forward reasonable 

accommodation and PAS requests to the RAC . 

8. PROCEDURES AND REQUIREMENTS: 

a. Initiating the Process. 

(1) A request for reasonable accommodation is any statement 

that an individual needs an adjustment or change at work or 

in the employment application process for a reason related 

to a medical condition. An individual need not have a 

particular accommodation in mind before making a request.

(a) A PBGC employee may request reasonable 

accommodation either orally or in writing directly 

from his/her immediate supervisor, or other PBGC

official in his/her immediate chain of command, or 

by contacting the RAC, Donald Beasley, at

beasley.donald@pbgc.gov, or (202) 326-4000, ext. 

3637. 

(b) An applicant for employment may request a 

reasonable accommodation orally or in writing from 

any PBGC employee involved in the application 

process, or by contacting the RAC, at the contact 

information listed in subsection (a) above.

(c) A family member, health professional, or other 

authorized representative may request an 

accommodation on behalf of an employee or 

applicant. 
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(d) An individual may request accommodation 

whenever he or she chooses to do so. 

(2) PBGC officials must be careful to recognize a reasonable 

accommodation request, even if the employee or applicant 

does not use the words “reasonable accommodation,” and 

notify the RAC of the request within five work days so that 

the request can be processed. Requests for reasonable 

accommodation may be oral or in writing. The individual 

requesting accommodation does not need to use any special 

language or terminology. The recipient of a request is 

responsible for notifying the RAC that an employee or 

applicant has made an oral request for reasonable 

accommodation, or for forwarding a written request for 

reasonable accommodation to the RAC, and for notifying 

the employee or applicant that his/her request for reasonable 

accommodation has been forwarded to the RAC for 

processing. 

(a) Although processing an oral request for reasonable 

accommodation begins when the request is received, 

a PBGC employee, applicant, or authorized 

representative making an oral request for reasonable 

accommodation should confirm the request by 

submitting either a written request or sending an 

electronic mail message to the original recipient of 

the oral request or the RAC. This written follow up 

request enables the PBGC to maintain accurate 

records regarding accommodation requests. 

(b) An individual who has already been determined 

eligible for reasonable accommodation is not 

required to submit a written request for subsequent 

requests for the same or similar accommodation. 

(3) A PBGC official is prohibited from asking an employee 

whether a reasonable accommodation is needed, except in 

very limited circumstances as identified in subsection (a) –

(c) below. An employee’s immediate supervisor or other 

PBGC official may initiate the reasonable accommodation 

process without being asked by the employee if the 

immediate supervisor or other PBGC official: 

(a) Knows that an employee has been determined by the 

RAC to be a qualified individual with a disability; 
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(b) Knows, or has reason to know, that the employee is 

experiencing workplace problems because of a 

disability; or 

(c) Knows, or has reason to know, the employee’s 

disability prevents the employee from requesting a 

reasonable accommodation. 

(4) PBGC officials must keep all requests for and provisions of 

reasonable accommodations confidential, limiting 

disclosure of such information only to others who have a 

need-to-know about the facts associated with the request for 

or provision of a reasonable accommodation, in accordance 

with Section 8.c (7), “Confidentiality of Medical

Documentation.”

(5) If the employee with a disability responds to the RAC or 

PBGC Official by stating that s/he does not need a 

reasonable accommodation, the PBGC will have fulfilled its 

obligation. 

b. Processing the Request. 

(1) Once an employee or applicant for employment makes a 

reasonable accommodation request, the RAC is responsible 

for processing the request. A request may initiate an 

interactive process that requires communication between the 

individual making the request and the RAC. Immediate 

supervisors or prospective immediate supervisors and other 

PBGC officials who have information relevant to providing 

assistance in considering and implementing different types 

of accommodations, may also be included in the interactive 

process where appropriate. 

(2) As the initial step in the interactive process, the RAC 

will discuss the request with the employee, and where 

appropriate, other PBGC personnel, including the following: 

(a) The process and time frames for determining 

 whether an accommodation will be provided; 

(b) The nature and extent of the individual’s 

 impairment; and 

(c) Potential accommodations. 

The resources available to assist individuals with disabilities 

and agency decision-makers who identify and evaluate possible 

accommodations are identified below in subsection d (Selecting 

the Appropriate Accommodation).
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 (3) The RAC is responsible for determining whether the 

individual making the request is a qualified individual with 

a disability and, if so, making a final decision to grant some 

form of accommodation or to deny the request. The RAC

will obtain concurrence from OGC on any reasonable 

accommodation request denials. 

 (4) When appropriate, the RAC will report information 

concerning the reasonable accommodation process and the 

decision to grant or deny the request. 

c. Requesting Medical Documentation. 

(1) When an individual’s disability and/or the need for 

reasonable accommodation is obvious, or where the PBGC 

has previously determined that an individual is a qualified 

individual with a disability and is entitled to reasonable 

accommodation, the PBGC will not normally seek medical 

information from an individual making a request for 

reasonable accommodation. 

(2) When an individual’s mental or physical impairment is not 

obvious and/or the need for accommodation is not obvious, 

the RAC will request, and the individual requesting an 

accommodation is required to provide, appropriate medical 

information related to the functional impairment and the 

requested accommodation. 

(a) The request for medical documentation will be

 individually tailored to seek only that information

 necessary to establish that the individual has a

 disability under the ADAAA, and that (s)he needs

 reasonable accommodation, or the particular 

 accommodation requested. 

(b) The requested medical information or documentation 

will normally be limited to information or 

documentation as to the following, as applicable: 

(i) The nature, severity, and duration of the 

individual’s impairment, if any;

 (ii) The activity or activities that the impairment 

limits, if any; 

 (iii)The extent to which the impairment limits, if 

any, the individual’s ability to perform the 

activity(ies), if any; 
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 (iv) Why the individual needs accommodation or the 

particular accommodation requested; and 

 (v) How the reasonable accommodation will assist 

the individual to apply for a job, perform the 

essential functions of the job, or enjoy a benefit 

of the workplace.

(c) When necessary to enable an individual’s health 

professional to provide information regarding that 

individual’s ability to perform a job, the agency will 

provide information to the health professional that 

describes the nature of the job, the essential functions 

the individual will be expected to perform, and any 

other information that is relevant to evaluating the 

request.

(d) The requested medical information will not require 

disclosure of information protected under GINA. 

(3) The RAC may ask the individual requesting accommodation 

to provide additional medical documentation, if the 

information provided by the health care provider (or the 

information volunteered by the individual requesting the 

accommodation) in response to the request does not clearly 

explain: 

(a) The existence of the disability; 

(b) The need for the reasonable accommodation; or 

(c) How the requested accommodation will assist the 

employee to perform the essential functions of the 

job or assist the applicant with the employment 

application process.

 (i) The individual may then ask the health care 

provider to submit the missing information, or 

 (ii) The RAC and the individual requesting the 

accommodation may agree that the individual 

will sign a limited release to permit the RAC or 

contracted Federal Occupational Health (FOH) 

medical consultant to contact the health care 

provider directly. 

(4) When PBGC is entitled to request medical information 

under this subsection because an individual’s impairment or 

need for accommodation is not obvious or known, it may 

have that information reviewed by a medical expert of its 

choosing at its own expense. The decision to have medical 

information submitted by an individual or his or her health 
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care provider reviewed by a medical expert is made by the 

RAC at his/her discretion. 

(5) The RAC may request that an individual be examined by a 

physician of the PBGC’s choosing and at its expense, but 

only if the RAC finds the requesting individual has not 

provided sufficient documentation from his or her health 

care provider to substantiate the existence of a disability 

and/or the need for a reasonable accommodation. Before 

arranging an examination with a physician of the PBGC’s 

choosing and at its expense, the RAC must: 

(a) Explain to the requesting individual why the 

submitted medical documentation is insufficient; 

(b) Identify the specific additional medical information 

needed; and 

(c) Allow the individual or his or her health care 

provider the opportunity to submit the additional 

medical documentation. 

(6) If the individual requesting an accommodation is still unable 

to provide sufficient information in support of the request, 

PBGC may request that the individual be examined by a 

health care professional of the agency’s choice at the 

agency’s expense. Where a medical examination is 

warranted, the agency must explain to the individual that 

failure to provide the necessary medical documentation to 

establish the existence of a disability could result in the 

denial of the request for reasonable accommodation. 

(7) Confidentiality of Medical Documentation 

(a) All medical information obtained by the PBGC 

regarding the requests for reasonable accommodation 

will be maintained in HRD in confidential reasonable 

accommodation files that are maintained separately 

from other official personnel files. 

(b) These records are maintained in accordance with the 

Privacy Act of 1974, as amended, 5 U.S.C. § 552a, 

and 29 C.F.R. § 1611. 

(c) The RAC will not disclose the records, or the 

information contained therein except as authorized or 

required under the Privacy Act and the Rehabilitation 

Act. Confidential medical information may be 

disclosed only as follows:

(i) The requester’s immediate 

supervisor and other PBGC 
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Official (s) who have a need to 

know may be told about any 

necessary work restrictions and 

necessary accommodations. 

(ii) First-aid, safety, or emergency 

response personnel may be told 

about the nature of the 

individual’s disability if the 

individual might require 

emergency medical treatment, or 

assistance in evacuating PBGC 

office space in the event of an 

emergency; 

(iii) Government officials who are 

investigating the PBGC’s 

compliance with the 

Rehabilitation Act may have 

access to this information; 

(iv) The information in the records may be 

disclosed to Workers’ Compensation offices 

or insurance carriers investigating 

claims; and 

(v) The PBGC’s EEO officials may 

access the records as necessary to 

prepare reports on the PBGC’s 

performance in processing 

reasonable accommodation 

requests. 

(d) If confidential medical information is disclosed 

pursuant to the Privacy Act, the RAC will advise the 

recipient of the sensitive nature of the information 

and instruct them that it must remain confidential. 

d. Selecting the Appropriate Accommodation.

(1) To determine what, if any, accommodation should be 

provided, the RAC will consult with the individual 

requesting the accommodation, and other PBGC officials 

with a need-to-know regarding the request, the nature and 

extent of the individual’s impairment, and potential 

accommodations. 

(2) Potential accommodations include but are not limited to:
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(a) Adaptive equipment, including, information 

technology and communications equipment; 

(b) Specially designed or reconfigured furniture; 

(c) Removal of architectural barriers, including 

reconfiguring work spaces; 

(d) Sign language interpreters for the Deaf and Hard of 

Hearing; or 

(e) Written materials in alternative formats (e.g. Braille 

or large print). 

(3) Although the individual may request a specific 

accommodation, the individual is not entitled to the 

accommodation of his/her choice. 

(4) Resources 

(a) The following supervisors, managers, or other PBGC 

officials, as appropriate, are a resource in suggesting 

possible accommodations, including: 

(i) For a request by an employee, the employee’s 

immediate supervisor and other PBGC 

Official(s) in the employee’s chain of command; 

(ii) For a request by an applicant for employment, 

the PBGC employees responsible for the 

selection process; 

(iii) The EEO Office; 

(iv) Employees from OIT for requests for 

information technology applications and devices; 

(v) Employees from WSD for requests involving 

architectural barriers or furniture. 

(b) The Job Accommodations Network (JAN), the 

Department of Defense Computer/Electronic 

Accommodations Program (DoD CAP), or other 

technical assistance resources can also provide help 

in selecting the appropriate accommodation. 

(c) EEOC Enforcement Guidance; Disability-Related 

Inquiries and Medical Examinations of Employees 

Under the Americans With Disabilities Act (July 27, 

2000) and the EEOC Enforcement Guidance on 

Reasonable Accommodation and Undue Hardship 

Under the Americans With Disabilities Act (revised 

October 17, 2002) are available at: 

https://www.eeoc.gov/policy/docs/guidance-inquiries.html and 

https://www.eeoc.gov/policy/docs/accommodation.html
Page 20 of 24

(5) The RAC is the final approving authority for the specific 

accommodation that will be provided. 

 

e. Reassignment as a Reasonable Accommodation. 

(1) Reassignment to a vacant position, and not just permission 

to compete for such position, normally will be considered 

as a reasonable accommodation only when the agency 

determines no other reasonable accommodation will permit 

an employee with a disability to perform the essential 

functions of his or her current position and only if:

(a) The employee is qualified for the vacant position,

with or without reasonable accommodation; and 

(b) No other accommodations are available to enable the 

individual to perform her/his current job; or 

(c) The only effective accommodation to enable the 

individual to perform her/his current job would cause 

undue hardship to the PBGC. 

(2) The PBGC is not required to create a position as a means of 

reasonably accommodating an employee. 

(3) If reassignment is requested as a potential accommodation, 

the RAC will work with the requesting individual to 

identify: 

(a) All vacant positions within the agency for which the 

individual is qualified, with or without reasonable 

accommodation, and 

(b) All such positions which HRD anticipates becoming 

vacant within the next thirty calendar days. In 

addition, supervisors and other agency employees

may conduct searches on USAJOBS for available 

vacancies within the agency and contact HRD and 

Department Directors to inquire about potential 

vacancies.

(4) If the RAC is considering reassignment to a vacant position 

as a reasonable accommodation for an employee, the RAC 

will consult with the Department Director who holds the 

vacant position and obtain concurrence from the Director, 

HRD prior to making a decision to effectuate a reassignment 

as a reasonable accommodation. 

f. Granting/Denying a Reasonable Accommodation Request. 
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(1) If the RAC concludes the request should be granted, the 

RAC will notify the individual in writing of the specific 

accommodation(s) that the PBGC will provide and the 

projected time frame for providing the accommodation if 

the accommodation is not immediately available. 

(2) If the RAC concludes a request should be denied because 

the requester is not a “qualified individual with a disability” 

or the accommodation would cause an undue hardship, the 

RAC will issue a written denial notice to the requesting 

individual at the time the request for accommodation is 

denied. 

(3) The written notice of denial will clearly state the specific 

reason(s) for the denial. However, before denying on the 

basis of “undue hardship,” the RAC will obtain the 

concurrence of the Chief Management Officer (CMO). 

(4) The written notice of denial will also inform the individual 

of his/her rights to file an EEO complaint or to grieve the 

decision using the administrative or negotiated grievance 

procedure, as appropriate. The employee must meet the 

appropriate EEO time frames for filing, even if the 

employee requests reconsideration of the denial decision. 

(5) The RAC Coordinator will obtain OGC’s concurrence on 

any reasonable accommodation request denials. 

g. Time Frames for Processing Requests. 

(1) Any PBGC Official who receives a reasonable 

accommodation request will refer the request to the RAC . 

(2) Absent extenuating circumstances, the RAC will either 

provide an accommodation or deny the request within 30 

work days of the date the accommodation is first requested. 

The RAC will inform the individual making the request of 

the decision. 

(3) When an accommodation can be provided in less than the 

30-work day period referenced above, such failure may 

result in a violation of the Rehabilitation Act.

(4) The 30-work day time period does not include the time 

period during which the PBGC is awaiting receipt of 

medical information from the employee. 

(5) When the RAC is unable to meet the 30-work day time 

period, the RAC shall advise the requesting individual of the 

reason for the delay and try to provide an approximate date 
Page 22 of 24

on which a decision or the provision of the accommodation 

will be made. 

(6) For requests from applicants for employment, the PBGC 

will extend the time frames in the selection process as 

necessary to allow for reasonable accommodation such that 

disabled applicants can meaningfully compete for vacant 

positions. 

(7) Requests for reasonable accommodation will be expedited 

in instances such as when the accommodation is needed to 

enable an individual to apply for a job, or the 

accommodation is needed for a specific agency activity that 

will occur in a short span of time. 

(8) When all the facts and circumstances known to the agency 

make it reasonably likely that the individual will be entitled 

to an accommodation, but the accommodation cannot be 

provided immediately, the agency will provide the 

individual with an interim accommodation that allows the 

individual to perform some or all of the essential functions 

of the job, absent undue hardship.

h. Dispute Resolution Procedures. 

(1) The PBGC encourages individuals requesting reasonable 

accommodation to utilize the informal dispute resolution 

process. 

(2) Informal Resolution. If an individual wishes 

reconsideration of a final decision, the individual must 

submit a request to the PBGC’s CMO within ten calendar 

days of the date of the decision. The individual may present 

additional information in support of the request. The CMO 

will strive to provide a written response within fifteen 

calendar days of receipt of the reconsideration request. 

Despite seeking an informal reconsideration, the employee 

has forty-five days from the time of notice of the original 

denial to file a complaint with the OEEO. 

(3) EEO Complaint. If the requesting individual wishes to 

pursue an EEO complaint for the denial of an 

accommodation, he or she must contact the OEEO within 

forty-five calendar days of the date of the agency's denial of 

a request for accommodation. This time limit must be met 

even if he or she is participating in the informal resolution 

process. 

(4) Grievance Procedure. If the requesting individual wishes to 

pursue a grievance for the denial of an accommodation, he 
Page 23 of 24

or she must file a grievance within the time limits prescribed 

by: 1) PM 30-5, Grievance Procedure for Non-Bargaining 

Unit Employees; or 2) the collective bargaining 

agreement(s) for bargaining unit employees. This time limit 

must be met even if (s)he is participating in the informal 

resolution process. 

i. Information Tracking. 

(1) In accordance with Executive Order 13164 and 29 C.F.R. §

1614.203(d)(8)(vi), the RAC will track information 

regarding the provision of reasonable accommodation. 

Information necessary to track the PBGC’s compliance with 

the Executive Order and Section 1614.203(d)(8)(vi) will be 

maintained for at least three years. 

(2) The HRD will maintain confidential records, as described in 

Section 8.c. (7) of this order, for three years or the duration 

of that individual's employment, whichever is longer. 

(3) The RAC, with the assistance of the OEEO, will prepare an 

annual report on requests for reasonable accommodation. 

The report will not include individual names or other 

personal identifiers.

(4) The agency will keep records used to determine compliance 

with Section 501 of the Rehabilitation Act and will make 

such records available to the EEOC on request, including, at 

a minimum the following information: 

(a) The number and types of reasonable accommodation 

requests made in the application process and whether 

they have been granted or denied; 

(b) The jobs (occupational series, grade level and agency 

component) of the requesting individuals; 

(c) The types of reasonable accommodations that have 

been requested for each of those jobs; 

(d) The number and types of requests that relate to the 

benefits or privileges of employment, and whether 

these requests were granted or denied; 

(e) The reasons for denial of requests for reasonable 

accommodation; 

(f) The amount of time taken to process each request; 

and 

(g) The sources consulted for technical assistance in 

identifying possible reasonable accommodations. 
Page 24 of 24

(5) Applicants and employees may track the processing of

requests for reasonable accommodations by contacting the 

RAC.

9. Special Provisions Related to PAS

a. Criteria. To be entitled to PAS, the individual must:

(1) be an employee of the agency

(2) have a targeted disability

(3) require the services because of a targeted disability; and

(4) be able to perform the essential functions of the job, 

 without posing a direct threat to safety, once PAS and 

 any reasonable accommodations have been provided; 

b. A PAS request may be denied if any of the criteria in subsection a 

above are not satisfied. A PAS request may also be denied if

providing the PAS request would impose an undue hardship on the 

agency.

(1) In determining whether a requesting individual is entitled to 

PAS and, if so, the nature of the requested services, the 

agency may ask the employee what types of PAS he or she 

needs using the same interactive process described in 

subsection 8 (b) above.

(2) The interactive process for PAS should be brief in most 

cases.

(3) Where it is obvious that an employee has a targeted 

disability, and needs the requested services, the agency may 

not require the individual to provide medical documentation 

in support of the request.

(4) When hiring a PAS provider who will be assigned to a 

single individual, the agency must give primary 

consideration to the employee’s choice to the extent 

permitted by law. However, the agency may choose a 

different provider if, for example, the individual’s preferred 

provider is not qualified or less qualified than another 

applicant, for reasons of cost or convenience, or if the 

agency decides to have appropriate existing employees 

provide PAS for reasons of cost or convenience.