SEC ADMINISTRATIVE REGULATION

U.S. Securities and Exchange Commission SECR 6-80

Office of Human Resources July 14, 2022

Washington, D.C. 20549

REASONABLE ACCOMMODATION PROGRAM

This administrative regulation establishes the U.S. Securities and Exchange Commission’s (SEC) 

policy governing the processing and, where appropriate, the implementation of requests for

reasonable accommodation of covered individuals with disabilities, including qualified SEC 

employees, applicants seeking employment at the SEC, and visitors on official SEC business in 

accordance with section 501 of Public Law 93-112, “Rehabilitation Act of 1973,” as amended 

(codified at 29 U.S.C. § 791); Public Law 110-325, “ADA Amendments Act of 2008,” as 

amended (codified at 42 U.S.C. § 12101, et seq.); Executive Order 13164, “Requiring Federal 

Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation”;

U.S. Equal Employment Opportunity Commission (EEOC) regulations implementing section 

501 of the Rehabilitation Act of 1973; and supplemental guidance established by the EEOC.

This administrative regulation applies to covered individuals with disabilities, including qualified 

SEC employees, applicants seeking employment at the SEC, and visitors on official SEC 

business who require reasonable accommodation. It does not apply to contractors assigned to 

support the SEC or requests for the Temporary Medical Telework Program.

This administrative regulation shall be reviewed at least once every 4 years to ensure the 

contents remain relevant and reflect current federal laws, rules, and regulations, and the SEC 

policies and operating procedures.

Summary of Changes. This administrative regulation cancels and supersedes the “SEC 

Accommodation Procedures, SEC Disability Accommodation Process,” guide dated June 2015 

and all other previously issued SEC guidance for the Reasonable Accommodation Program. 

//Signature on File//

James P. McNamara

Chief Human Capital Officer 

Office of Human Resources
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July 14, 2022

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SEC ADMINISTRATIVE REGULATION

REASONABLE ACCOMMODATION PROGRAM

1. Policy

It is the policy of the U.S. Securities and Exchange Commission (SEC): 

1.1. To be a model employer for employees and applicants with disabilities.

1.2. To provide a reasonable accommodation (as defined in subsection 4.7. below) to 

covered individuals with disabilities, including qualified SEC employees, applicants seeking 

employment at the SEC, and visitors on official SEC business on a case-by-case basis unless 

the SEC can demonstrate that doing so would pose an undue hardship (as defined in 

subsection 4.8. below) on the operation of its programs.

1.3. To provide assistance when a qualified employee with a disability (as defined in 

subsection 4.1. below) requests an accommodation to enable the employee to perform the 

essential functions (as defined in subsection 4.2. below) of the job or gain access to the full 

job benefits and privileges of employment and equal opportunity in accordance with the law.

1.4. To reasonably accommodate qualified job applicants with disabilities to enable them to 

have an equal opportunity to participate in the application process.

1.5. To maintain appropriate confidentiality of all medical-related information collected 

during the reasonable accommodation process.

2. Purpose and Scope

2.1. This administrative regulation establishes the SEC’s policy governing the processing 

and, where appropriate, the implementation of requests for reasonable accommodation of 

individuals with disabilities, including qualified employees, applicants for employment, and 

visitors on official SEC business in accordance with section 501 of Public Law 93-112, 

“Rehabilitation Act of 1973,” as amended (codified at 29 U.S.C. § 791); Public Law 110-

325, “ADA Amendments Act of 2008,” as amended (codified at 42 U.S.C. § 12101, et seq.);

Executive Order 13164, “Requiring Federal Agencies to Establish Procedures to Facilitate 

the Provision of Reasonable Accommodation”; U.S. Equal Employment Opportunity 

Commission (EEOC) regulations implementing section 501 of the Rehabilitation Act of 

1973; and supplemental guidance established by the EEOC.

2.2. For reasonable accommodation policies that are not specifically covered in this 

administrative regulation and/or related operating procedures under SEC Operating 

Procedures SECOP 6-80, “Reasonable Accommodation Program,” the SEC will follow the 

policies and procedures of the EEOC. 

This policy supplements Executive Order 14035, “Diversity, Equity, Inclusion, and 

Accessibility in the Federal Workforce,” Executive Order 13164, “Requiring Federal 
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Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation,” 

the EEOC “Enforcement Guidance on Reasonable Accommodation and Undue Hardship 

Under the Americans with Disabilities Act,” and 29 CFR part 1614. These documents are 

available on the EEOC’s website at https://www.eeoc.gov/.

2.3. This administrative regulation cancels and supersedes the “SEC Accommodation 

Procedures, SEC Disability Accommodation Process,” guide dated June 2015, and all other 

previously issued SEC guidance for the Reasonable Accommodation Program. 

2.4. Background: Executive Order 13164 directs all federal agencies to establish procedures 

to facilitate the provision of reasonable accommodation to employees and job applicants with 

disabilities. Pursuant to this Executive order and continuing obligations under section 501 of 

the Rehabilitation Act of 1973, the SEC is committed to providing reasonable 

accommodation to qualified individuals (as defined in subsection 4.6. below) with disabilities 

so that they can perform the essential job functions, enjoy equal benefits and privileges of 

employment, and access public programs similar to other non-disabled individuals. 

2.5. This policy supports Goal 3, “Elevate the SEC’s performance by enhancing our 

analytical capabilities and human capital development” of the SEC’s “Strategic Plan, Fiscal 

Years 2018-2022.” 

3. Applicability

3.1. This administrative regulation and related operating procedures apply to covered 

individuals with disabilities, including qualified SEC employees, applicants seeking 

employment at the SEC, and visitors on official SEC business with disabilities who require 

reasonable accommodation. 

3.2. This administrative regulation and related operating procedures apply to individuals who 

have medical conditions that meet the legal definition of a disability according to the 

Americans with Disabilities Act Amendments Act of 2008. Refer to subsection 4.1. below 

for the definition of a disability. 

3.3. This administrative regulation and related operating procedures do not apply to 

contractors assigned to support the SEC or employees’ requests to telework due to medical 

circumstances under the SEC’s Temporary Medical Telework Program, because there is no 

requirement for employees to meet the legal definition for having a disability under the 

Rehabilitation Act of 1973. Refer to SEC Administrative Regulation SECR 6-59, 

“Temporary Medical Telework Program.”

3.4. Nothing in this administrative regulation or the related operating procedures is intended 

to deviate from any negotiated agreement(s) including, but not limited to, the Collective 

Bargaining Agreement (CBA) and memorandums of understanding. To the extent there is a 

conflict, the negotiated agreement(s) will apply for bargaining unit employees.
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4. Definitions

These terms and their definitions are for the purposes of this administrative regulation.

4.1. Disability – A physical or mental impairment (as defined in subsection 4.3. below) that 

substantially limits one or more of the major life activities (as defined in subsection 4.5. 

below); a record of such an impairment; or being regarded as having such an impairment.

4.2. Essential Functions – Those job duties that are so fundamental to the position that the 

employee holds or desires that they cannot do the job appropriately without performing them. 

A function can be "essential" if, among other things, the position exists specifically to 

perform that function; there are a limited number of other employees who could perform the 

function; or the function is specialized and the individual is hired based on that person’s 

ability to perform the function. Determination of the essential functions of a position must be 

done on a case-by-case basis so that it reflects the job as actually performed, and not simply 

the components of a generic or standardized position description.

4.3. Impairment – Includes any physiological disorder or condition, such as cosmetic 

disfigurement, or anatomical loss affecting one or more body systems, such as neurological, 

musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, 

reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and 

endocrine; or any mental or psychological disorder, such as an intellectual disability 

(formerly termed “mental retardation”), organic brain syndrome, emotional or mental illness 

(major depression, bipolar disorder, anxiety disorders), schizophrenia, and specific learning 

disabilities.

4.4. Individual With a Disability – A person who has an impairment (physical or mental) 

that substantially limits one or more of that person’s major life activities, has a record of 

impairment, or is regarded as having such impairment.

4.5. Major Life Activities – Basic activities that the average person in the general 

population can perform with little or no difficulty, such as caring for oneself, performing 

manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. Major 

life activities also includes the operation of major bodily functions, including functions of the 

immune system, normal cell growth, digestive, bladder, bowel, neurological, brain, 

circulatory, respiratory, endocrine, and reproductive functions.

4.6. Qualified Individual – An individual with a disability (as defined in subsection 4.4. 

above) who has the skills, experience, education, and other requirements of the job the 

individual holds or desires, and can perform the essential functions of the position with or 

without reasonable accommodation. 

4.7. Reasonable Accommodation (RA) – A change or adjustment that enables a qualified 

person with a disability to apply for a job, perform the essential job functions, or enjoy 

benefits and privileges of employment. There are three categories of reasonable 

accommodation:
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4.7.1. 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);

4.7.2. Modifications or adjustments to enable a qualified individual with a disability to 

perform the essential functions of the job (such as providing sign language interpreters) 

or to gain access to the workplace; and,

4.7.3. Modifications or adjustments that enable employees with disabilities to enjoy 

equal benefits and privileges of employment (such as removing physical barriers in an 

organization or providing alternate methods for meeting an essential function).

4.8. Undue Hardship – An accommodation requiring significant difficulty or expense 

incurred by a covered entity when considered in light of various factors such as the agency’s 

size, financial resources, the nature and cost of the reasonable accommodation needed, and 

the impact of the reasonable accommodation on the agency’s operations. A determination 

regarding whether an undue hardship exists is made on a case-by-case basis.

5. General Procedures

Guidance and operating procedures to implement the policy for the Reasonable

Accommodation Program are described in SEC Operating Procedures SECOP 6-80, 

“Reasonable Accommodation Program.”

6. Authority 

• Section 552a of Title 5, United States Code

• Section 791 of Title 29, United States Code

• Chapters 21F and 126 of Title 42, United States Code

• Executive Order 13164, “Requiring Federal Agencies to Establish Procedures to 

Facilitate the Provision of Reasonable Accommodation,” July 26, 2000 

• Executive Order 13583, “Establishing a Coordinated Government-wide Initiative to 

Promote Diversity and Inclusion in the Federal Workforce,” August 18, 2011

• Executive Order 14035, “Diversity, Equity, Inclusion, and Accessibility in the 

Federal Workforce,” June 25, 2021

• Part 1201 of Title 5, Code of Federal Regulations, current edition

• Parts 1614 and 1630 of Title 29, Code of Federal Regulations, current edition

• U.S. Equal Employment Opportunity Commission, “Policy Guidance on Executive 

Order 13164, Establishing Procedures to Facilitate the Provision of Reasonable 

Accommodation,” October 20, 2000

• U.S. Equal Employment Opportunity Commission, “Enforcement Guidance on 

Reasonable Accommodation and Undue Hardship Under the Americans with 

Disabilities Act,” October 17, 2002
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• U.S. Office of Personnel Management, “The Guide to Processing Personnel Actions,” 

current edition 

• National Archives and Records Administration, General Records Schedule 2.3: 

“Employee Relations Records,” current edition 

• SEC Administrative Regulation SECR 6-59, “Temporary Medical Telework 

Program,” January 5, 2016, as amended

• SEC Administrative Regulation SECR 24-10, “Information and Communication 

Technology (ICT) Section 508/Accessibility Program,” May 15, 2018, as amended

• Collective Bargaining Agreement Between U.S. Securities and Exchange 

Commission and the National Treasury Employees Union, current edition