U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

Office of Federal Operations

Washington, D.C. 20036 

PRACTICAL ADVICE FOR 

DRAFTING AND IMPLEMENTING 

REASONABLE ACCOMMODATION 

PROCEDURES 

UNDER EXECUTIVE ORDER 13164 

July 2005 
-iPRACTICAL ADVICE FOR DRAFTING AND 

IMPLEMENTING REASONABLE ACCOMMODATION 

PROCEDURES UNDER EXECUTIVE ORDER 13164

Introduction ..................................................................................................................... 1 

Initiating the Accommodation Process ............................................................................ 3 

Processing Accommodation Requests............................................................................ 9 

Time Limits.................................................................................................................... 16 

Medical Information....................................................................................................... 20 

Confidentiality of Medical Information............................................................................ 26 

Reassignment ............................................................................................................... 29 

Denials of Reasonable Accommodation........................................................................ 33 

Information Tracking...................................................................................................... 35 

Informal Dispute Resolution .......................................................................................... 37 

Final Steps: Adoption, Dissemination and Training....................................................... 38 

Conclusion .................................................................................................................... 39 

Selected EEOC Resources on Disability Issues ........................................................... 40 

Attachment A: Sample Form 

 Confirmation of Request for Reasonable Accommodation 

Attachment B: Sample Language Regarding Creation of Staff Assistant Slots 

Attachment C: Sample Form 

 Denial of Reasonable Accommodation Request 

Attachment D: Sample Form 

Reasonable Accommodation Information Reporting Form 
1 

INTRODUCTION

On July 26, 2000, the tenth anniversary of the enactment of the Americans with 

Disabilities Act (ADA), Executive Order (E.O.) 13164 was issued, for the first time 

requiring that all executive branch federal agencies institute procedures for processing 

reasonable accommodation requests under Section 501 of the Rehabilitation Act of 

1973.1 The purpose of such procedures is to provide employees as well as supervisors 

and managers with an easy-to-understand, step-by-step explanation of the reasonable 

accommodation process. 

 E.O. 13164 allows each agency to design procedures that best suit its 

organizational needs. However, it requires that the procedures include certain basic 

elements, such as the processing of accommodation requests, time limits, rules for 

requesting supporting medical information, confidentiality, information tracking, and 

informal dispute resolution.2

 E.O. 13164 also requires that each agency (and agency 

component, if issuing separate procedures) submit its procedures, and any 

modifications it later makes to them, to the Equal Employment Opportunity Commission 

(EEOC). 

To assist agencies in fulfilling their obligations, EEOC issued the Policy Guidance 

on Executive Order 13164: Establishing Procedures to Facilitate the Provision of 

Reasonable Accommodation (Oct. 20, 2000) (“13164 Policy Guidance”), available at 

http://ww.eeoc.gov/policy/docs/accommodation_procedures.html. In addition, EEOC 

provided extensive voluntary technical assistance on drafting and implementation of 

agencies’ procedures. EEOC staff provided individualized feedback to the more than 

one hundred agencies and sub-components submitting procedures for review. The 

feedback provided detailed comments on procedures that appeared not to comply with 

the requirements of E.O. 13164, as well as applicable best practices set forth in the 

13164 Policy Guidance. Many agencies revised their procedures in accordance with 

EEOC’s feedback, and re-submitted their procedures to EEOC for further technical 

assistance. 

 

 1See Executive Order 13164, Requiring Federal Agencies to Facilitate the Provision 

of Reasonable Accommodation, 65 Fed. Reg. 46565, 2000 WL 1114943 (2000). 

 2

Under E.O. 13164, Section 3, agencies are also required to notify their collective 

bargaining representatives and to bargain over their reasonable accommodation 

procedures, to the extent required by law. 
2 

 This report summarizes the key drafting and implementation tips offered to 

agencies. The report is divided into ten sections, addressing each of the different 

aspects of the reasonable accommodation process outlined in E.O. 13164, as well as 

effective dissemination procedures and training. Each section: 

 contains a summary of the relevant basic elements of E.O. 13164 as interpreted 

in the 13164 Policy Guidance, including required provisions and best practices; 

 provides practical drafting advice, based on the common pitfalls EEOC found in 

agency reasonable accommodation procedures; 

 includes illustrative EEOC federal sector appellate decisions issued under 

Section 501 of the Rehabilitation Act, available at 

www.eeoc.gov/federal/decisions.html; and 

 provides training and implementation tips. 

We hope that federal agencies will use the guidance in this report when drafting, 

revising, and implementing reasonable accommodation procedures. 3 In addition, 

private sector and state and local government employers, although not covered by E.O. 

13164, can voluntarily adopt reasonable accommodation procedures to ensure 

compliance with Title I of the Americans with Disabilities Act (ADA), using the EEOC 

13164 Policy Guidance and this report to design, draft and implement reasonable 

accommodation procedures.4 

 

E.O. 13164 requires that each federal agency submit to EEOC any future 

modifications to its reasonable accommodation procedures. Therefore, EEOC will 

continue to provide technical assistance to agencies on drafting and implementation 

concerns. 

 

 3Issuance of procedures by federal agencies as well as appropriate dissemination 

and training is necessary in order to comply with Management Directive 715. See AFinal 

Steps: Adoption, Dissemination, and Training,@ infra at Section X. 

 4

Since the Rehabilitation Act was amended in 1992 to apply the standards in the 

ADA to complaints of discrimination by federal employees or applicants for employment, 

the standards regarding provision of reasonable accommodation under Title I of the 

ADA and Section 501 of the Rehabilitation Act are the same. 
3 

I. INITIATING THE ACCOMMODATION PROCESS

BASIC ELEMENTS

(See 13164 Policy Guidance at questions 1-6): 

 Explain that accommodation requests can be made by either an applicant 

or an employee. 

 Make clear that accommodation requests can be either oral or in writing. 

 Do not require that accommodation requests use any particular words (like 

“reasonable accommodation” or “disability”). 

 Provide the request confirmation form as an attachment to the procedures 

if the procedures require an applicant or employee to complete such a form 

for record-keeping purposes. 

 Require immediate processing of all oral accommodation requests. Do not 

permit waiting until a written request or record-keeping confirmation form 

is received. 

 If requiring a request confirmation form, do not require an employee who 

needs a type of reasonable accommodation on a repeated basis (e.g., a 

sign language interpreter) to submit the written form each time the 

accommodation is needed. 

 Do not require that an accommodation request be made at a certain time. 

 Allow more than one agency official to be designated to receive 

accommodation requests. 

 Include information on all the agency officials to whom an applicant or 

employee may make an accommodation request. 

 Allow a request for reasonable accommodation to be made by either the 

individual with a disability or a family member, health professional, or other 

representative acting on the individual's behalf. 
4 

DRAFTING TIPS

Be clear who must follow the procedures. 

Specify the agency components to which the procedures apply. Designate authority for 

handling requests and provide sufficient instructions and headquarters contact 

information in sub-component procedures. Remember that both agency and agency 

sub-component procedures, if different, must be submitted to EEOC under E.O. 13164.

Clearly communicate that processing of oral requests should begin immediately, 

even if written confirmation has not yet been received. 

State that agency officials must begin processing the request as soon as it is received. 

Even if the agency’s procedures require a requester to submit a request confirmation 

form, make clear in the procedures that officials may not wait for receipt of the form to 

begin processing the request. Processing the request means taking whatever steps are 

necessary to act on the request. This may include referral of the request to the 

authorized decision maker, communicating with the requester to clarify the request, 

obtaining and exchanging information with the requester to the extent necessary 

regarding needs and alternatives, searching for solutions, consulting agency and 

outside resources, determining whether the requester is an individual with a disability, 

evaluating possible accommodations, issuing a decision on the request, and if granted, 

providing the accommodation. This is often called the “interactive process,” referring to 

the mutual sharing of information and ideas between the requester and the employer. 

Indicate that failure to initiate the processing of an oral request may result in undue 

delay in providing reasonable accommodation in violation of the Rehabilitation Act. 

Do not exceed limits of request confirmation forms. 

State that a request for reasonable accommodation must let the employer know that an 

adjustment or change at work for a reason related to a medical condition is needed. 

The request can be made orally and does not require the use of “magic words” such as 

“reasonable accommodation” or “disability. While further information may be obtained 

by the employer when evaluating the request, nothing more is required for the 

individual’s statement to legally constitute an accommodation request. For this reason, 

limit the information sought on request confirmation forms to name, contact information, 

date of request, date of form, office, accommodation requested and reason for request. 

See Attachment A (sample form for confirmation of reasonable accommodation 

requests). Additional information (including medical documentation) reasonably needed 

to process the accommodation request may be sought during the interactive process. 

A written “confirmation of request” form that asks for more information than is necessary 

to constitute an accommodation request, or that requires submission of medical 

documentation, will exceed the purpose of a written confirmation form, which is merely to 
5 

track request information. See § VIII, “Information Tracking.” Asking for more 

information than is necessary to track the request poses two legal risks: (1) managers or 

supervisors may not realize that an oral or written request as defined above is sufficient 

to trigger the agency’s obligation to evaluate the request for accommodation; and (2) a 

form that automatically asks for supporting medical information may violate the 

Rehabilitation Act rule that medical information can only be sought in support of an 

accommodation request where the disability and/or the need for accommodation is not 

obvious or already known. 

Accurately label any confirmation forms used. 

Entitle the form “Confirmation of Request for Reasonable Accommodation” or in some 

other way make clear that it is merely for keeping track of requests. This will help to 

ensure that neither supervisors nor requesters mistakenly conclude that an oral request 

is insufficient. 

Explain that accommodation can be requested at any time. 

Affirmatively state that an individual may request accommodation whenever he or she 

chooses. For example, the request does not have to be made as soon as a disability 

affects work performance, or by some other specified time. Remind managers and 

supervisors of their obligation to process any accommodation request, regardless of 

when it is received.5 13164 Policy Guidance at question 4. 

Specify a range of officials to whom an accommodation request can be made. 

Make clear that the agency’s obligation to consider an individual’s request begins when 

the request is made to any of the following (see 13164 Policy Guidance at question 5): 

 his/her supervisor; 

 a supervisor or manager in his/her immediate chain of command; 

 

 5

However, reasonable accommodation is always prospective, so an employer is not 

required to excuse performance problems or past misconduct (in violation of a rule that 

is job-related for the position in question and consistent with business necessity) that 

has occurred prior to the accommodation request, even if the problem resulted from the 

individual’s disability. EEOC Enforcement Guidance: Reasonable Accommodation and 

Undue Hardship Under the Americans with Disabilities Act (as revised Oct. 17, 2002) 

(AReasonable Accommodation Guidance@) at questions 35-36. Once a request is made, 

an employer must make reasonable accommodation to enable an otherwise qualified 

employee with a disability to meet such a conduct standard in the future, barring undue 

hardship, except where the punishment for the violation that has already occurred is 

termination. Id. at question 36. 
6 

 the EEO office; 

 any other office designated by the agency to oversee the reasonable 

accommodation process; or, 

 in connection with the application process, any agency employee with whom the 

applicant has contact. 

Requiring accommodation requests to be made only to one particular agency official, or 

only within one’s chain of command, will incorrectly suggest to other supervisors and 

managers that they have no obligation to act on any other requests. To the contrary, the 

procedures should spell out for managers and supervisors the steps they are required to 

take after receiving an accommodation request they are not designated to handle, such 

as referring it within a specified time frame to the agency official who is authorized to 

take action on the request. (See Section II, below, for suggested language). 

IMPLEMENTATION TIPS

Help managers and supervisors recognize requests. 

Train managers and supervisors how to recognize reasonable accommodation requests 

so that they can refer the requests to the designated decision maker or issue a decision 

themselves if authorized to do so. Managers and supervisors should be specifically 

instructed to consider whether there is any accommodation obligation before denying 

any request for an adjustment or change at work for a reason related to a medical 

condition. See EEOC Enforcement Guidance: Reasonable Accommodation and Undue 

Hardship Under the Americans with Disabilities Act (as revised October 17, 2002) 

(“Reasonable Accommodation Guidance”) at questions 1-2, available at 

http://www.eeoc.gov/policy/docs/accommodation.html. 

Training should address what legally constitutes an accommodation request. It should 

also include examples of frequently overlooked accommodation requests, such as 

requests for unpaid leave for an employee’s own medical condition beyond the amount 

of leave available under the Family and Medical Leave Act (FMLA). See Reasonable 

Accommodation Guidance at question 21 (individual with a disability requesting 13 

weeks of leave might be entitled to the 12 weeks maximum allotted under FMLA and the 

additional week as a reasonable accommodation under ADA). Other frequently 

overlooked accommodation requests include those that state the accommodation need 

but do not include a proposed solution, or requests that implicate both the Rehabilitation 

Act and other requirements (e.g., employer light duty programs or workers’ 

compensation). 

Case Illustration: Lawler v. United States Postal Service, EEOC Appeal 

No. 01A01535 (Mar. 27, 2003). After employee exhausted “temporary” 

light duty, employer placed him in off duty status rather than 
7 

accommodating his disability, on the ground that he did not submit forms 

specifically stating that he was requesting a permanent light duty position 

within the allotted time frame. The Commission held that failure by 

complainant to fill out particular forms or to request a permanent light duty 

position does not absolve the agency of its duty to provide a reasonable 

accommodation under the Rehabilitation Act where the agency was on 

notice of the need for accommodation. The evidence demonstrated that 

had the agency engaged in the interactive process, it could have identified 

and provided to complainant a reasonable accommodation without undue 

hardship. 

Be aware of special considerations regarding sign language interpretation. 

Make sure managers and supervisors are aware that in some situations where a 

hearing-impaired employee is known to need a sign language interpreter, the agency 

may need to provide the interpreter for crucial events such as training, safety talks, 

discussions on work procedures, policies or assignments, and disciplinary actions, 

whether or not the employee asks.

Case Illustration: Feris v. Environmental Protection Agency, EEOC 

Appeal No. 01934828 (August 10, 1995), request for reconsideration 

denied, EEOC Request No. 05950936 (July 19, 1996). Agency violated 

the Rehabilitation Act where it was aware that contract interpreter 

arrangements it had made (rather than hiring staff interpreters) were not 

providing complainant and others with interpretive services on important 

work-related occasions, yet almost three years elapsed before any 

concrete action was actually taken by the agency to improve the situation. 

The Commission held that for "a severely hearing impaired employee who 

can sign, reasonable accommodation, at a minimum, requires providing an 

interpreter for safety talks, discussions on work procedures, policies, and 

assignments, and for every disciplinary action so that the employee can 

understand what is occurring at any and every crucial time in his 

employment career, whether or not he asks for an interpreter."6

 

 

 6

See also Holton v. United States Postal Service, EEOC Appeal No. 01991307 (Nov. 

7, 2002) (agency failed to show it would have posed an undue hardship to postpone 

training session when interpreter service cancelled); Saylor v. United States Postal 

Service, EEOC Appeal No. 01A05281 (November 14, 2002) (agency found liable for 

denial of reasonable accommodation in violation of the Rehabilitation Act where deaf 

employee was denied a sign language interpreter for a 45-minute safety meeting); Wait 

v. Social Security Administration, EEOC Appeal No. 01A11629 (October 2, 2003) 

(agency violated Rehabilitation Act by denying deaf employee’s requests for an 

interpreter at the twice-monthly staff meetings; it was not an equally effective alternative 

accommodation to instead provide complainant with a meeting agenda and suggest she 

sit close to the supervisor); Taylor v. Department of the Interior, EEOC Appeal No. 
8 

Process even unconfirmed oral requests. 

Train managers and supervisors to begin processing oral requests immediately, even if 

the agency is still awaiting a written confirmation from the requester. A written 

confirmation form from the requester is not needed either to evaluate and issue a 

decision on the request or to provide accommodation. If the requester does not fill out a 

required written confirmation form, an agency official can do so, since the form is merely 

to track requests. 

Educate managers on the process for handling accommodation requests, 

including what to do when they receive a request they are not authorized to handle. 

Train managers and supervisors on their responsibilities with respect to any 

accommodation request they receive. This training should include instructions on what 

steps to take if they receive an accommodation request they are not authorized to handle 

themselves, i.e., the name(s) of the individual to whom they should refer the request, and 

the time frame for doing so. Additionally, some agencies require that the disability 

program manager or an equivalent overseer of the process be notified of each such 

referral, so that he or she can follow up to ensure the request is timely processed and all 

information is tracked.

 

01A34292 (May 3, 2004) (agency’s denial of qualified note taker or captioning service 

for deaf employee attending out-of-town training constituted denial of reasonable 

accommodation).
9 

II. Processing Accommodation Requests 

BASIC ELEMENTS

(See 13164 Policy Guidance at questions 7-12): 

 Explain how the agency will handle a request for accommodation, including 

specifically what steps will be followed, and identify from whom the 

individual will receive a final decision. 

 Authorize first-line supervisors to process and approve requests whenever 

possible. 

 Require decision makers to communicate with the individual requesting 

accommodation where the specific limitation, problem, or barrier is unclear; 

an effective accommodation is not obvious; or where the parties are 

choosing between different possible reasonable accommodations. 

 List resources that individuals with disabilities and agency decision makers 

can consult to identify and evaluate possible accommodations. 

DRAFTING TIPS 

Identify decision makers and steps for referring request to authorized official. 

Specify the decision maker and explain the steps managers and supervisors must follow 

when they receive an accommodation request on which they are not authorized to act. 

Ensure that the procedures: (1) identify who (by position title, such as first-line 

supervisor, office director, etc.) is authorized to make decisions on different types of 

requests; (2) explain specifically what types of requests (e.g., ordering assistive 

technology, removing architectural barriers, etc.) should be forwarded to the identified 

decision maker; and (3) provide for a referral system with time frames. 

For example, procedures can include the following language: “As a first step, the staff 

member who receives the request must determine who will be responsible for handling it. 

If it is another staff member, s/he should forward it to the appropriate official within three 

days of receipt, with a copy of the referral to the disability program manager.” In addition, 

the procedures could require that the staff member promptly notify the requester to 

whom the request has been referred for handling. 

Case Illustration: Wheeler v. Department of the Army, EEOC Appeal No. 

01A30318 (Sept. 30, 2004). Agency liable under Rehabilitation Act for 

denial of accommodation based on undue delay in responding to 

employee’s original accommodation request. Official took no action on 
10 

employee’s request for reserved accessible parking space because it was 

not within his authority to grant the request, and failed to forward it to the 

agency official who was authorized to act. 

Explain who will communicate with the requester. 

Explain who will notify the individual requesting accommodation of the decision to grant 

or deny it. Where an agency cannot designate in the procedures exactly which official 

will be processing an accommodation request because this is not known in advance, 

instead create a standardized mechanism for case-by-case notification. For example, 

procedures might include language of the following type: “Once a request is received by 

the decision maker, he or she will (1) acknowledge the request; (2) explain to the 

applicant or employee that s/he will be making the decision on the request; and (3) 

describe what will happen in the processing of the request.” 

Designate back-ups. 

Provide for back-up decision makers, to permit the agency to continue receiving and 

processing requests and providing reasonable accommodations when the primary 

decision maker is unavailable. 

Describe step-by-step how to evaluate and resolve an accommodation request. 

Explain the steps for handling an accommodation request, including engaging in an 

“interactive process” to obtain and share information. These steps might include referral 

of the request to the authorized decision maker (see above), communicating with the 

requester to clarify the request, obtaining and exchanging information with the requester 

to the extent necessary regarding needs and alternatives, searching for solutions, 

consulting agency and outside resources, determining whether the requester is an 

individual with a disability, evaluating possible accommodations, issuing a decision on 

the request, and if granted, providing the accommodation. 

Require an interactive process where needed, and explain how to do it.

Require the decision maker to communicate with the individual where the specific 

limitation, problem, or barrier is unclear, where the effective accommodation is not 

obvious, or when choosing among different possible accommodations. 

Make clear that by failing to engage in this “interactive process” in appropriate 

circumstances, the agency risks providing an accommodation that is ineffective, or 

improperly denying reasonable accommodation, because it is unaware of alternatives 

that the individual with the disability or an outside expert might have suggested if 

consulted. Provide guidance to managers and supervisors or designated decision 

makers regarding how to engage in the “interactive process” upon receipt of an 

accommodation request. 
11 

List outside sources for information and advice.

List resources for identifying and evaluating possible accommodations that individuals 

with disabilities and agency decision makers may consult, and provide specific contact 

information. Encourage decision makers to use these resources as needed. 

Denials based on “undue hardship” must consider overall employer resources.

State clearly that the overall resources and options available to the employer are legally 

relevant in determining whether a requested reasonable accommodation poses an 

undue hardship, not just the budget or resources of an individual segment, subcomponent, or division within an agency or department. 

Case Illustration: Feris v. Environmental Protection Agency, EEOC 

Appeal No. 01934828 (Aug. 10, 1995), request for reconsideration denied,

EEOC Request No. 05950936 (July 19, 1996). Agency failed to establish 

that hiring a full-time staff interpreter to accommodate complainant and 

eight other deaf employees at headquarters would have posed an undue 

hardship, where the agency was on notice that its contract interpreter 

arrangement was ineffective. In reaching this conclusion, the Commission 

cited, among other things, evidence that the agency failed to request 

personnel ceiling relief to permit hiring a staff interpreter, and that the 

decision not to hire a staff interpreter was attributable to management 

priorities for allocating resources, not the budget shortfall or partial hiring 

freeze. 

Require upper-level review before denying an accommodation based on “undue 

hardship.”

Require that before denying an accommodation request based on cost or operational 

difficulty, a decision maker must obtain review from a designated office or individual 

higher in the chain of command who can determine whether the proposed 

accommodation would in fact pose an undue hardship. Because the employer’s overall 

resources must be considered, an agency may want to have potential decisions to deny 

a requested accommodation due to undue hardship made by higher-level officials with 

more expertise and broader authority than the official authorized to grant an 

accommodation request. All denials of accommodation requests must be in writing and 

must provide a specific explanation of the grounds for denial. See Section VII, below. 

 
12 

Specify who is responsible for actually providing any accommodations granted.

Specify who is responsible for actually providing an accommodation after the agency 

grants a request. For example, the procedures could specify that a supervisor who 

grants a request is also responsible to follow through and make any necessary 

arrangements to ensure that the accommodation is provided within the applicable time 

limit. Otherwise, an agency risks insufficient follow-through after a request is granted. 

Avoid conflicts of interest.

Where an agency’s EEO staff participates in deciding accommodation requests, an 

actual or perceived conflict of interest may arise if a requester subsequently files an EEO 

complaint and the EEO staff is responsible for determining if their own actions were in 

accordance with the Rehabilitation Act. 

Therefore, do not assign agency EEO staff a decision making role in processing 

reasonable accommodation requests. Limit the role of EEO staff, if any, to 

administrative tasks such as referring requests to a designated decision maker or 

collecting and tracking information on requests. 

In the alternative, if EEO staff is given a decision making role in accommodation 

requests, provide in the procedures that the staff member will recuse him/herself from 

handling any EEO complaint on the same matter. Recusal is a safeguard against actual 

or apparent conflicts of interest, and can be used even by small agencies that have only 

one or two EEO staff members by designating an agency official outside the EEO office 

who will be authorized to handle EEO matters where a potential conflict of interest arises. 

For example, procedures might include language of the following type: “Any EEO Office 

staff member who has any involvement in processing a request for reasonable 

accommodation should recuse him/herself from investigating or decision making on any 

subsequent EEO counseling contact or complaint challenging the agency’s handling of 

the accommodation request.” 

IMPLEMENTATION TIPS

Consider making certain accommodations available to any employee.

Although an agency is not legally required to provide an accommodation unless the 

requesting applicant or employee is an “individual with a disability” under the 

Rehabilitation Act, it may offer accommodation without making this determination. In 

fact, many employers choose to implement procedures for uniformly granting requests 

for certain types of accommodations that can be readily and inexpensively provided 

without determining whether the requester is an individual with a disability. In such 

instances, an agency is free to notify the individual that no determination has been made 
13 

as to whether he or she is an individual with a disability, and the agency’s decision to 

grant the request is not based on the Rehabilitation Act requirements. 

Designate an agency expert as a resource and coordinator.

Consider whether it would be useful to have a disability program manager or similar 

designated expert to serve as a resource and oversee the agency’s reasonable 

accommodation process. See 13164 Policy Guidance at question 9. Some agencies 

have designated a single individual to coordinate for the agency overall, and others have 

additionally assigned individuals to serve that function at the regional, local, or facility 

level. Agencies have utilized such individuals in a variety of ways, including: 

 to advise managers and supervisors who are processing accommodation 

requests; 

 to decide particular requests referred to them due to level of difficulty or nature of 

the request; 

 to request and/or review medical documentation to determine if a requester is an 

“individual with a disability”; 

 to maintain medical information in confidential files, and oversee information 

tracking; and 

 to provide ongoing assessment of the agency’s reasonable accommodation 

program. 

Provide training for all agency officials responsible for processing requests.

Make sure appropriate training is provided to all agency officials responsible for (1) 

determining whether the requester is an “individual with a disability” under the 

Rehabilitation Act, and (2) engaging in the interactive process. 

Search for a solution even if the employee has not proposed one.

Where an individual requesting reasonable accommodation is able to identify the 

problem, but not a solution, some employers make the mistake of refusing to act on such 

requests, or placing the burden solely on the employee to find an accommodation 

solution. Instead, the employer should engage in the interactive process and try to 

identify a solution, consulting outside resources if necessary. 
14 

Search for alternatives if the employee’s proposed solution is ruled out.

Where an individual requests a particular accommodation that is not effective or would 

pose an undue hardship, or is otherwise not legally required (e.g., removing an essential 

job function), some employers mistakenly discontinue the interactive process. The 

employer should continue the interactive process, exploring alternatives until either a 

reasonable accommodation is found or the employer determines no accommodation is 

available. 

Ensure that managers and supervisors are aware of the range of possible types of 

accommodations, including: making physical modifications to the workplace; acquiring 

equipment or adaptive devices; modifying existing equipment; modifying policies; 

restructuring a job (swapping or eliminating marginal functions), granting part-time work, 

modifying a work schedule; providing sign language interpreters or readers, granting 

leave (use of accrued paid leave, or permitting unpaid leave), permitting telework, or 

reassignment to a vacant position. 

Require decision makers to consult with a higher-up before denying a request 

based on undue hardship.

Require decision makers to consult with an appropriate official before denying a 

proposed accommodation on the basis of cost or operational difficulty. Consultation with 

the appropriate official in the chain of command, the disability program manager, or other 

individual who can determine whether, based on the employer’s resources overall, the 

proposed accommodation would pose a significant difficulty or expense will reduce the 

risk that managers or supervisors will deny a request based solely on the resources of 

their individual office budgets or based merely on speculation. 

Case Illustration: Calero-Cerezo v. U.S. Department of Justice, 355 F.3d 

6 (1st Cir. 2004). Summary judgment for employer denied, where, among 

other things, there was no evidence offered in support of the employer’s 

generalized contention that plaintiff’s accommodation request for a transfer 

was unworkable and unprecedented, and there was no evidence that any 

variants of plaintiff’s proposal were considered or would have posed an 

undue hardship. 

Consider implementing centralized funding mechanisms.

Consider implementing funding mechanisms that will avoid charging individual offices for 

the cost of accommodations, for example: 

 enter into a partnership with the Department of Defense Computer/ Electronic 

Accommodations Program (CAP), http://www.tricare.osd.mil/cap, which offers 

assistive technology, devices, and services at no cost to the partner agency; 
15 

 establish a central fund for all accommodation costs not covered by a CAP 

contract, based on funds allocated by the agency or by annual contributions from 

the sub-components (note: in the absence of a central fund, agencies might 

consider advising their sub-components to anticipate expenses for reasonable 

accommodations and include those expenses as a part of their budget planning 

requests each fiscal year); 

 create a central pool of staff assistant slots, not included in a requesting office's 

personnel ceiling, to provide readers, interpreters, and other assistants throughout 

the agency, as authorized under the non-competitive Schedule A authority, 5 

C.F.R. § 213.3102 (ll). See, e.g., Attachment B (sample provision for making staff 

assistant slots available). 

Review and revise policies that may hinder prompt processing of requests.

Review and modify, in advance of a specific request, any policies that might affect the 

agency's ability to respond promptly to requests for reasonable accommodation. See 

13164 Policy Guidance at question 15. Among the policies that should be reviewed are 

those that affect: 

 purchasing or leasing of equipment; 

 hiring of, or contracting for, readers, interpreters, or other assistants; and 

 flexibility to approve leave or to restructure work schedules. 

Ensure individualized assessment of safety risks.

Ensure that managers and supervisors conduct an individualized assessment of 

objective information before denying a requested accommodation because of safety 

concerns. An individualized assessment requires a case-by-case determination of 

whether the specific risk posed by the individual poses a high probability of substantial 

harm. Agencies may also require that proposed denials based on direct threat concerns 

be reviewed by specially-trained higher-level officials. 

Case Illustration: Evanovich v. United States Postal Service, EEOC 

Appeal No. 07A20029 (May 13, 2004). Agency violated Rehabilitation Act 

by refusing to accommodate employee who needed to perform his duties 

while sitting in a chair rather than standing. While the agency asserted that 

the requested accommodation of a chair would present a tripping hazard to 

other employees, it made no effort to evaluate the actual risk of potential 

harm from use of a chair in the particular location where this employee 

worked, and whether an alternative effective accommodation existed. 
16 

III. TIME LIMITS

BASIC ELEMENTS

(See 13164 Policy Guidance at questions 13-14): 

 Specify the time frame in which a reasonable accommodation request will 

be granted or denied, absent extenuating circumstances. 

 Make time limits for processing requests and providing reasonable 

accommodations as short as reasonably possible. 

 Require expedited processing when necessary, for example to enable an 

individual to apply for a job or to participate in a specific agency activity 

that is scheduled to occur shortly. 

 List any “extenuating circumstances” that may cause delay, limited to 

factors that could not reasonably have been anticipated or avoided in 

advance of the request for accommodation. 

 Require that the individual be notified of the reason for any delay in 

responding to a request for or providing a reasonable accommodation, and 

that the individual be kept informed of the date on which the agency expects 

to complete the process. 

 Require the agency to investigate and implement temporary measures to 

assist the individual with a disability during any period of processing delay. 

DRAFTING TIPS

Make time limits mandatory. 

Specifically designate a time period within which all accommodation requests must be 

processed absent extenuating circumstances. Use of mandatory time frames as 

required by E.O. 13164 is more effective than mere goals in ensuring timely processing 

of requests and avoiding delays which can constitute a denial of accommodation in 

violation of the Act. 

Require prompt processing regardless of time limit.

Make clear that no matter what period of time is allowed, requests should be handled as 

promptly as possible. The procedures should explain and illustrate through examples 
17 

that a failure to process some accommodation requests in a timely fashion may result in 

“undue delay” in providing requested accommodation to a qualified individual with a 

disability, thereby violating the Rehabilitation Act.

Case Illustration: Reagins v. United States Postal Service, EEOC 

Appeal No. 01974481 (Apr. 6, 2000). Agency liable for denial of 

reasonable accommodation where it initially placed complainant on leave 

without pay rather than search for a reassignment within her medical 

restrictions. The Commission noted that reassignment could have been 

provided by the agency when accommodation was originally requested, as 

demonstrated by the fact that once complainant started to collect workers’ 

compensation lost wages benefits and it became in the agency’s financial 

interest to search for a vacancy, the agency then immediately offered her a 

permanent limited duty position. 

Use a reasonably quick time period.

Provide a reasonably quick time period for processing requests. To address any 

concerns about time that elapses while awaiting requested documentation or information 

from the requester or his/her health care provider, the procedures can provide that the 

time limit will be frozen while waiting, and that the clock will restart when the response is 

received. Whether by using such a mechanism or by another means, make sure that 

some designated time period applies once the agency receives the response. 

For example, an agency’s procedures provide that a decision on a request for 

reasonable accommodation will be made within 15 days of the request, but that the time 

limit is frozen while awaiting requested medical information. Three days after an 

accommodation is requested, the agency determines that documentation is needed to 

substantiate whether the employee has a disability and needs the requested 

accommodation. If the agency requests the needed medical documentation that day, the 

agency will have 12 days within which to process and make a decision on the

accommodation request once it has received appropriate documentation from the 

employee. This procedure allows an agency to exclude from the time frame the period 

during which it is waiting to receive information it has requested from the individual or his 

or her health care provider, but also ensures that once the agency receives medical 

information, a time frame applies to its review of the material, completion of the 

interactive process, and issuance of a decision on the accommodation request.

State when each time frame begins to run, and make sure there are no gaps. 

State with specificity when each time frame begins to run. For example, if an agency’s 

procedures set a 15-day time limit for processing the request, but fail to specify whether 

the time limit begins to run from the date the request was initially made or the date it is 

referred to the decision maker, there will be uncertainty as to how the time limit applies. 
18 

Make sure that time periods apply throughout the processing of an accommodation 

request. For example, if an agency’s procedures set a 15-day time limit for processing 

the request, but freeze the time limit indefinitely while reviewing medical documentation, 

there will be an open-ended gap in the process during review of medical documentation 

to which no time limit applies at all. This undermines the purpose of having time frames 

in place to avoid undue delay in processing requests. 

It may also be helpful to specifically designate someone, such as a Disability Program 

Manager, to oversee adherence to these time frames and to identify this person in the 

procedures. See “Designate an agency expert as a resource and coordinator” in Section 

II, above (discussion of some possible roles and responsibilities for a Disability Program 

Manager or equivalent position). 

Define “extenuating circumstances” to time frames clearly.

Define the term “extenuating circumstances,” see 13164 Policy Guidance at question 14, 

and give examples which illustrate that the concept is very limited, including only such 

things as waiting for needed medical information from an individual’s health care provider, 

waiting for equipment that is on back-order and cannot be otherwise obtained, or other 

factors outside an agency’s control. 

Absent clearly and accurately defined examples of what are and are not extenuating 

circumstances, managers may think departure from the established time limits is 

warranted where in fact it is not. For instance, listing review of needed medical 

documentation as an “extenuating circumstance” is misleading. Waiting to receive 

medical documentation from a third party can be an “extenuating circumstance,” but 

review of the documentation once received should be subject to a time limit. Similarly, it 

would be erroneous to list the conduct of an examination or review of medical 

documentation from the agency’s own physician or other expert as an “extenuating 

circumstance.” Generally, delay by the agency’s chosen medical expert is not an 

“extenuating circumstance,” because he or she is generally considered to be within the 

agency’s control, even if performing services on a contract basis. In any event, as a 

practical matter, if delays are occurring with respect to review by a contract medical 

expert, the agency may address this in the terms of the contract. 

Require expedited processing where needed.

Require expedited processing in the event of a time-sensitive accommodation request, 

and provide examples in the procedures to assist managers and supervisors in 

understanding when this might be necessary, such as to enable an individual to apply for 

a job or participate in a specific agency activity that is scheduled to occur shortly. 
19 

Require processing of request and delivery of accommodation within the 

designated time limit.

Provide a time limit that addresses both the time allotted to process the request and 

deliver or implement the accommodation if granted. Procedures that are unclear about 

whether the processing time allotted includes actual delivery of the accommodation may 

result in undue delay. 

Provide for temporary measures in the event of delay.

Require that in the event of a delay, the responsible agency official should confer with 

the individual and consider providing temporary measures. 

For example, where an employee requests a schedule or shift change as an 

accommodation due to the side effects of medication, the agency is free to grant the 

accommodation on a temporary, provisional basis while considering the request, e.g., 

obtaining medical documentation and determining whether or not the employee is an 

individual with a disability who needs the accommodation requested. Similarly, where 

the agency grants a request for certain computer software for a vision-impaired individual 

but there will be a delay in obtaining it, the services of a reader might be provided in the 

interim. In a situation where the agency agrees to make certain structural renovations, it 

might permit the individual to telework temporarily until the facility is accessible. 

Including examples such as these in procedures will assist managers and supervisors to 

understand when and how temporary measures might be utilized. 

IMPLEMENTATION TIPS

Wherever possible requests should be processed in less time than the limit allows. 

Ensure that managers and supervisors understand that the provision of a maximum time 

limit in the procedures does not mean that they can or should take the full length of time 

allotted in each case. Many requests can be processed within days, and failure to do so 

could constitute undue delay in violation of the Rehabilitation Act. Encourage agency 

officials not to take the full processing time allotted in a situation where a request can be 

readily granted and provided in much less time than the procedures allow. 
20 

IV. MEDICAL INFORMATION

BASIC ELEMENTS

(See 13164 Policy Guidance at questions 16-19):

 Require medical documentation only when needed to evaluate the 

accommodation request. 

 Explain that the agency may request, and an individual requesting an 

accommodation is required to provide, appropriate medical information 

related to the functional impairment and the requested accommodation 

where the disability and/or need for accommodation is not obvious or 

already known. 

 Explain that the agency has a right to request relevant supplemental 

medical information if the information submitted does not clearly explain (i) 

the nature of the disability, or (ii) the need for the reasonable 

accommodation, or otherwise clarify how the requested accommodation will 

assist the employee to perform the essential functions of the job or to enjoy 

the benefits and privileges of the workplace, or assist an applicant with the 

application process. 

 

 Explain the agency's right to have medical information reviewed by its own 

medical expert at the agency’s expense. 

 Identify the types of medical information or documentation the decision 

makers may and may not request. 

 Encourage decision-making officials to identify to an individual who has 

provided insufficient documentation the information still needed. 

 State the circumstances under which the agency may ask the individual 

requesting accommodation to be examined by the agency’s physician at the 

agency’s expense. 

 
21 

DRAFTING TIPS

Expressly warn against asking for medical information in support of every 

accommodation request. 

Expressly state that the agency may not request medical information in support of every 

accommodation request, but rather may require reasonable information/documentation 

where the disability and/or need for accommodation is not obvious or otherwise known. 

Make clear that when this standard is met, the agency may only seek that documentation 

which is reasonably necessary to establish that the requester is an individual with a 

disability and needs the accommodation requested. 

Don’t inadvertently ask for more medical information than is permitted.

Be careful not to inadvertently require medical documentation beyond what the 

Rehabilitation Act allows. For example, procedures should not: 

 use a form (either a confirmation of request form or a request for medical 

information form) that requires every individual requesting accommodation to 

submit supporting medical documentation; 

 advise decision makers to ask for medical information far exceeding what is 

reasonably necessary to assess a given request, such as all information defined 

in 5 C.F.R. § 339.102; 

 use a medical release form that constitutes a general release for all medical 

records; or, 

 use a pre-printed form to request medical information that is not reasonably 

necessary to determine if the requester is an individual with a disability and needs 

accommodation. 

For example, an error can easily occur if in response to an employee’s request for a 

different type of keyboard due to carpal tunnel syndrome, the decision maker requests 

medical information using a pre-printed general medical inquiry form that asks for 

medical information on a variety of unrelated physical and mental conditions. If the 

decision maker fails to delete those portions of the form that ask for records not related 

to carpal tunnel syndrome, even unintentionally, the agency has violated the 

Rehabilitation Act, because that medical information is not relevant to the 

accommodation request. 

Case Illustration: McDonnell v. Navy, EEOC Appeal No. 01A04036 (Sept. 

13, 2002). Agency violated Rehabilitation Act by delaying provision of 

accommodation for four weeks while it awaited supporting medical 
22 

documentation from employee, where employee had previously submitted 

sufficient documentation to demonstrate he was an individual with a 

disability and needed the accommodation requested. Agency violated 

Rehabilitation Act both by making an improper disability-related inquiry for 

unnecessary medical documentation, and by delaying the provision of 

accommodation in the meantime. 

Case Illustration: Gamelin v. United States Postal Service, EEOC Appeal 

No. 01A22307 (Jan. 5, 2004). The Commission rejected the agency’s 

contention that diabetic employee’s doctors’ letters were insufficiently 

detailed to show her need for a schedule change. The letters explained 

that a change from her current six-day, split-shift schedule to a five-day, 

40-hour per week schedule would permit her to avoid serious hypoglycemic 

reactions by allowing her to get adequate rest and have more regularly 

scheduled times for eating, sugar testing, and insulin management. 

Explain what types of medical information or documentation can be sought.

Explain the types of medical information or documentation that may be requested where 

necessary to determine if the requester is an individual with a disability and needs the 

accommodation requested, see 13164 Policy Guidance at question 17, such as: 

 the past, present, and expected future nature, severity and duration of the 

impairment (e.g., functional limitations, symptoms, side effects of any treatments, 

etc.); 

 the activities the impairment limits; 

 the extent of the limitations; and 

 why the individual requires reasonable accommodation or the particular 

reasonable accommodation requested, and 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. 

Avoid using any pre-printed medical information forms where possible. Instead, provide 

in the procedures that the agency official processing the request should determine on a 

case-by-case basis whether information regarding any of the above is reasonably 

needed in order to determine if the requester is an individual with a disability and needs 

the accommodation requested. 

Address how and when to obtain review by the agency’s own medical expert.

Explain in detail when and how agencies may have medical documentation reviewed by 

a medical expert and/or require the requester to go to a health care provider of the 
23 

agency’s choice. Explain that the agency will pay the cost of having its own medical 

expert conduct an examination or review documentation. 

For example, procedures might include language of the following type: “If the 

information submitted in response to the agency’s initial request for medical 

documentation does not clearly explain the nature of the disability or the need for 

reasonable accommodation, the agency may request reasonable supplemental 

documentation. The processing official should explain to the requesting individual why

the documentation is insufficient and what information is needed. The processing official 

can allow the individual an opportunity to provide the information, or may alternatively 

ask the individual to sign a limited release and then either submit a list of specific 

questions to the individual’s health care professional or have the agency’s own physician 

contact the individual’s health care provider. If this does not result in sufficient 

information, the agency may require the requester to go to a health care provider of the 

agency’s choice at the agency’s expense.” See generally 13164 Policy Guidance at 

text preceding question 16 and at questions 18-19. 

“Freeze” time frames while awaiting medical information.

Provide in the procedures that when a decision maker requests appropriate medical 

documentation all time frames freeze until the requester provides the documentation the 

agency has requested. This will address any agency concerns about timely processing, 

yet will avoid misleading agency officials to conclude incorrectly that they have no legal 

obligation to take action on the accommodation request if the medical documentation is 

submitted by the requester after the agency’s specified deadline. See Section III (Time 

Limits, Drafting Tips). 

Require action even if medical information is received belatedly.

Make clear that while agency officials need not provide an accommodation while 

awaiting reasonably requested supporting medical documentation, they must continue 

processing the accommodation request when the documentation is ultimately received, 

even if the documentation is received after the time limit expires. 

Consider different ways to utilize a disability program manager or other expert.

To ensure that medical documentation requests are handled appropriately, some 

agencies’ procedures provide that if a supervisor concludes medical information is 

necessary to process an accommodation request, the request must be forwarded to a 

trained disability program manager, reasonable accommodation coordinator, or other 

trained expert to review the request and, if necessary, obtain and review the medical 

documentation. This method has three benefits: 
24 

 it leaves difficult legal decisions (such as whether a requester is a qualified 

individual with a disability) in the hands of someone with training and experience 

in the area; 

 it avoids the discomfort some individuals experience when they have to provide 

medical information to supervisors and managers; and 

 it lessens the chance that the Rehabilitation Act’s confidentiality rules will be 

violated because it limits the number of people with access to confidential medical 

information. 

Some agencies provide that while supervisors are not required to do so, they may 

choose to seek the assistance of a trained agency expert to help obtain and/or evaluate 

the documentation. 

IMPLEMENTATION TIPS

Training on when and how much medical information may be requested.

It is imperative that all staff given authority to review and evaluate medical 

documentation receive training on how to comply with the Rehabilitation Act rules 

regarding when and how much medical information and documentation may be required. 

An agency must also ensure that all staff are aware that failing to abide by these rules is 

an independent violation of the Rehabilitation Act, and that the rules protect all applicants 

and employees, not just individuals with disabilities. See Reasonable Accommodation 

Guidance at question 8 and examples. 

Case Illustration: Vindiola v. United States Postal Service, EEOC Appeal 

No. 07A20046 (Sept. 16, 2003). While the agency’s initial request for 

fitness-for-duty information was reasonable following complainant’s seizure 

at work during which he was injured, the agency exceeded the scope of the 

disability-related inquiries and medical exams permitted under the 

Rehabilitation Act when it made follow-up requests for unrelated medical 

history records, including all mental health records. 

Training on legal definition of “individual with a disability.”

All individuals authorized by an agency’s procedures to determine whether a requester is 

an “individual with a disability” under the Rehabilitation Act should receive specific 

advance training regarding the definition of disability, taking into account relevant EEOC 

guidance and federal sector appellate decisions as well as U.S. Supreme Court case law. 
25 

Advance explanation to management regarding what information they will be 

provided.

If an agency adopts a system in which any needed medical information will be reviewed 

and assessed solely by a disability program manager or other expert, it should provide 

appropriate advance explanation to supervisors and managers about the implications. 

Due to Rehabilitation Act confidentiality rules, the expert will not share with them the 

details of the medical condition, but rather will only share information the supervisor or 

manager needs to know, i.e., about the necessary work restrictions and 

accommodations. Absent this explanation to supervisors and managers, they may 

mistakenly believe that they have a right to learn the specifics of an employee’s medical 

condition and may be reluctant to cooperate in providing accommodation without 

receiving this information. 
26 

V. CONFIDENTIALITY OF MEDICAL INFORMATION 

BASIC ELEMENTS

(See 13164 Policy Guidance at questions 20 and 26):

 Explain that all medical information must be kept confidential, 

meaning maintained in files separate from the individual’s personnel 

file. 

 Explain to whom and under what circumstances medical information 

may be disclosed. 

DRAFTING TIPS

List the limited circumstances under which confidential medical information may 

be disclosed.

Specify that medical information, whether obtained through the reasonable 

accommodation process or otherwise, may only be disclosed in the limited 

circumstances described at question 20 of the Policy Guidance. Explain that “medical 

information” includes the fact that someone is receiving an accommodation or has a 

disability, as well as any information concerning an individual’s medical condition or 

history, regardless of whether the information was provided voluntarily or in response to 

a disability-related question. See EEOC Enforcement Guidance: Preemployment 

Disability-Related Inquiries and Medical Examinations (Oct. 10, 1995), available at 

http://www.eeoc.gov/policy/docs/preemp.html. 

Procedures that provide less detailed explanations of the confidentiality obligation by, for 

example, stating only that medical information must be kept confidential or may be 

disclosed “only in accordance with applicable law,” do not provide specific enough 

information to allow managers and supervisors to understand their confidentiality 

obligations. 

Provide examples.

Ensure that supervisors and managers understand how the confidentiality rules apply by 

providing real-life examples in the procedures, such as: 

 An individual requests assistive technology for his computer as a reasonable 

accommodation. The technology expert at the agency is consulted regarding the 

appropriate computer equipment. Although the expert may need to know the 

requester’s functional limitations to determine technical needs, she likely does not 
27 

need to know the requester’s underlying medical condition unless she is also the 

decision maker on whether the request will be granted. 

 An individual requests and receives a special lumbar-support chair as a 

reasonable accommodation. The other employees in the office ask their 

supervisor why their coworker is receiving “special treatment.” The supervisor 

would violate the Rehabilitation Act if he revealed that the coworker received the 

chair as a reasonable accommodation. There is no exception to the Rehabilitation 

Act’s requirement of confidentiality that allows disclosure of medical information in 

this circumstance. See Reasonable Accommodation Guidance at question 42 

(discussing suggested ways managers can respond to co-worker questions of this 

sort, for example by emphasizing that it is the employer’s policy to assist any 

employee who encounters difficulties in the workplace, pointing out that many of 

the workplace issues confronted by employees are personal, and that, in these 

circumstances, it is the employer’s policy to respect employee privacy). 

IMPLEMENTATION TIPS

Train managers and supervisors to forward medical documentation to the 

appropriate official.

Managers and supervisors should be trained to submit any medical documentation 

obtained in connection with a request for reasonable accommodation to the designated 

manager who maintains medical documentation for the employer. If no such individual 

has been designated, the manager or supervisor should be instructed to keep the 

documentation in a separate medical file. 

Educate managers and supervisors about the extent of the confidentiality 

obligation.

Make sure supervisors and managers understand that the Rehabilitation Act 

confidentiality obligation is not limited to the medical diagnosis. The fact that someone 

has requested an accommodation, or that something is being provided as an 

accommodation, also constitutes confidential medical information. See Reasonable 

Accommodation Guidance at question 42. 

Make clear that the confidentiality obligation applies to everyone. 

Supervisors and managers should be made aware that the confidentiality rules apply to 

all applicants and employees, whether or not they are individuals with disabilities. This 

actually simplifies matters for supervisors and managers because they can operate on 

the premise that all medical information, regardless of how they obtained it or to whom it 

applies, must be kept confidential. 
28 

Case Illustration: Higgins v. Department of the Air Force, EEOC Appeal 

No. 01A13571 (May 27, 2003). The Commission held, in accordance with 

EEOC policy guidance, that the Rehabilitation Act requires managers and 

supervisors to keep confidential the medical information of all applicants 

and employees, whether or not they are individuals with disabilities. 

Emphasize that violations of the confidentiality requirement are serious.

Supervisors and managers may feel that the confidentiality requirement is less stringent 

than the Rehabilitation Act’s other nondiscrimination requirements and that a violation of 

confidentiality will not result in liability for the agency. Training should emphasize that a 

violation of the Rehabilitation Act’s medical confidentiality requirements exposes the 

agency to liability, even if no other action is taken against the individual whose medical 

information is disclosed. 

Case Illustration: Brunnell v. United States Postal Service, EEOC Appeal 

No. 07A10009 (July 5, 2001). Agency violated Rehabilitation Act by 

placing medical information in complainant’s official personnel file. The 

agency was ordered to pay compensatory damages and complainant’s 

costs incurred in prosecuting the claim, as well as to train managers and 

supervisors on the relevant law and to consider disciplinary action against 

the responsible agency official. 

Case Illustration: Tyson v. United States Postal Service, EEOC Appeal 

No. 01992086 (Aug. 23, 2002). Agency violated Rehabilitation Act by 

disclosing complainant’s medical condition and symptoms in a letter mailed 

to other installations seeking a vacancy to which he could be reassigned. 

Although the other managers needed to be alerted to complainant’s work 

restrictions and his need for accommodation, they had no need to know his 

condition or symptoms. 

Case Illustration: Gianikos v. United States Postal Service, EEOC Appeal 

No. 01A21992 (Oct. 16, 2003), request for reconsideration denied, EEOC 

Request No. 05A40208 (Jan. 22, 2004). Complainant’s former supervisor 

violated the Rehabilitation Act by disclosing complainant’s medical 

condition on an evaluation form sent to other facilities at which he was 

seeking a position. Complainant did not need to show that the disclosure 

was the cause of his non-selection to establish a violation of the 

Rehabilitation Act. The agency was ordered to remove all documentation 

containing medical information from complainant’s work folder and train 

various management officials, with the issues of compensatory damages 

and attorney’s fees remanded to an Administrative Judge. 
29 

VI. REASSIGNMENT

BASIC ELEMENTS

(See 13164 Policy Guidance at questions 21-23):

Explain when reassignment will be required as a reasonable 

accommodation if the agency determines that no reasonable 

accommodation will permit the employee with a disability to perform 

the essential functions of his or her current position. 

 Identify the agency personnel responsible for conducting the search 

for a reassignment, and require these individuals to consult with the 

affected employee as necessary to determine: 

• whether there are limits on the search the employee would like 

the agency to conduct; 

• whether the employee is qualified for a particular job; and 

• whether the employee would need a reasonable 

accommodation to perform the essential functions of a new 

position. 

DRAFTING TIPS

Explain that reassignment may not be considered unless the employee cannot be 

accommodated in his or her current position, or the employee voluntarily agrees. 

Make clear that reassignment is the accommodation of last resort, i.e., unless the 

employee voluntarily agrees, the employer cannot resort to reassignment unless the 

employee cannot be accommodated in his or her current position. State that an 

individual with a disability should not be required to accept a reassignment if there is an 

accommodation that would allow the individual to remain in his or her current job and 

does not pose an undue hardship. For more detailed information regarding the nature 

and scope of the reassignment obligation, see Reasonable Accommodation Guidance at 

text preceding question 25 and at questions 25-31. 

Case Illustration: Coe v. United States Postal Service, EEOC Appeal No. 

01A20972 (Aug. 11, 2003). Agency violated Rehabilitation Act by 

reassigning complainant to another facility due to her medical restrictions 

(knee arthritis), instead of providing the accommodations she had 

requested to enable her to remain in her clerk job (a ramp and a modified 
30 

work schedule). The agency failed to show that the requested 

accommodations would have posed an undue hardship. Unless the 

employee voluntarily agrees to the reassignment as an accommodation 

solution, reassignment is the accommodation of last resort. See also Angin 

& Angin v. United States Postal Service, EEOC Appeal Nos. 01980302 and 

01982262 (Aug. 22, 2001). 

Explain when reassignment must be considered prior to termination.

Reassignment must be considered as an accommodation prior to terminating an 

individual with a disability who cannot be accommodated in his or her current position. 

See 13164 Policy Guidance at questions 21-22. Reassignment should be considered 

even if not specifically requested, if the employee cannot be accommodated in his or her 

position. For more detailed information, see Reasonable Accommodation Guidance at 

text preceding question 25 and at questions 25-31. 

Case Illustration: Philippe v. Social Security Administration, EEOC 

Appeal No. 01A12653 (May 15, 2003). Agency violated Rehabilitation Act 

when it denied complainant’s accommodation request for transfer that 

would permit her to have a shorter commute needed to avoid exacerbating 

her seizure disorder. Compensatory damages available because agency 

failed to make good faith effort to accommodate. 

Case Illustration: Rowlette v. Social Security Administration, EEOC 

Appeal No. 01A10816 (Aug. 1, 2003). Complainant, a claims examiner with 

stress-induced eating disorder, could no longer perform an essential 

function of her job (interviewing members of the public). Agency violated 

Rehabilitation Act by terminating complainant instead of reassigning her. 

Testimony by complainant, her former supervisor, and an agency staffing 

specialist established that various positions for which complainant was 

qualified were available for reassignment during the relevant time period. 

Include practical guidance regarding reassignment. 

Offer detailed practical guidance regarding reassignment as an accommodation to 

ensure that decision makers and requesters have a clear idea of what will happen in the 

process and when it will happen. Address details such as: 

 the circumstances when it would be appropriate to consider reassignment as a 

reasonable accommodation; 

 the process for initiating a search and developing search parameters, including 

identifying the decision maker responsible for conducting the search, the type of 

search that would be done (i.e., identifying vacant positions which were equivalent 

to, or at a lower grade than the previous position, that the individual with the 
31 

disability was qualified to perform), and the scope and the duration of the vacancy 

search;7

 extending an offer for the reassigned position; 

 processing acceptance or rejection of the agency offer; and 

 what happens when no positions are identified (i.e., a final decision explaining 

why an accommodation cannot be provided).

Insufficient practical guidance on the steps for considering reassignment may lead a 

supervisor or manager mistakenly to conclude that a reassignment is not available in a 

particular situation, resulting in a violation of the Rehabilitation Act. 

Case Illustration: Dalton v. Department of the Interior, EEOC Appeal No. 

01940693 (Jan. 4, 1995). When complainant’s office was transferred from 

Washington, D.C. to Colorado, he advised the agency that medical risks 

posed by his disability precluded a cross-country move. Prior to issuing a 

termination notice, the deciding official never personally investigated 

reassignment in the Washington area, but merely assumed that Personnel 

had looked into it. The Chief of the Personnel Division stated that he "may" 

have talked with appellant about the possibility of locating an alternative 

position for him in Washington, and that he was "pretty sure" that there 

were no positions open with the bureau in the Washington DC area. Under 

these facts, EEOC held that the agency failed in its duty to reasonably 

investigate options for reassigning appellant to a vacant position for which 

he was qualified. 

Emphasize the importance of communication.

Emphasize the importance of communicating with the employee to find out his or her 

current job tasks and skills level, the limits the employee may want to place on the 

vacancy search, and the other types of jobs within the agency that the employee may be 

able to perform. Lack of communication between the decision maker and requester may 

lead to a mistaken denial of an accommodation request (if, for example, the decision 

maker is not fully aware of the requester’s skills and abilities) or to unnecessary use of 

 

 7An employer’s obligation to offer reassignment to a vacant position is not limited to 

vacancies within an employee’s office, branch, agency, department, facility, personnel 

system (if the employer has more than a single personnel system), or geographical area. 

This is true even if the employer has a policy of prohibiting transfers from one office, 

branch, agency, department, facility, personnel system, or geographical area to another. 

The extent to which an employer must search for a vacant position will be an issue of 

undue hardship. See Reasonable Accommodation Guidance at question 27.
32 

resources (such as searching for a vacant position in geographic area(s) to which the 

requester is unwilling to be reassigned even if a vacancy is available there). 

IMPLEMENTATION TIPS

Ask what reassignments the requester is willing to accept.

If reassignment is being considered, the responsible official should explain to the 

employee why the agency has concluded that the employee cannot be accommodated in 

his or her current position, and should find out (and document) what parameters, if any, 

the employee has with respect to the reassignment. For example, the responsible official 

should inquire whether: 

 the employee is willing to be reassigned outside the facility or outside the 

commuting area, and if so, to what locations; 

 the employee is willing to be reassigned to a different type of position for which he 

or she may be qualified, and if so to what type(s); 

 the employee is willing to be reassigned to a different sub-component of the 

department, and if so, to which one(s); 

 the employee is willing, if no position is available at his or her current grade level, 

to be reassigned to a lower-grade position, and if so, down to what grade. 

The agency can then conduct the search within the parameters the employee has set. 

This method takes account of the employee’s preferences while at the same time 

potentially minimizing the scope of the vacancy search the employer needs to conduct. 
33 

VII. DENIALS OF REASONABLE ACCOMMODATION

BASIC ELEMENTS

(See 13164 Policy Guidance, Sections F and H): 

 Explain that denials of requests for reasonable accommodation must be in 

writing and specifically explain the reasons a request was denied (e.g., why 

the medical documentation is inadequate to establish that the individual has 

a disability or needs reasonable accommodation, why the requested 

accommodation would not be effective, or why the accommodation would 

pose an undue hardship). 

 Make clear that denials of requests for reasonable accommodation must 

include information about the individual's right to file an EEO complaint and 

to invoke other statutory processes, as appropriate, as well as the 

availability of the informal dispute resolution process. 

DRAFTING TIPS

Explain that denials of reasonable accommodation requests must specifically 

describe the reasons for denial. 

Provide a clear explanation in the procedures as to how specific the reasons for denial 

should be. Attach to the procedures a form entitled “Denial of Reasonable 

Accommodation Request” and state that decision makers should use the attached form. 

Decision makers should be told that in addition to checking the box that correctly 

describes the reasons for the denial in question (e.g., “accommodation ineffective,” 

“accommodation would cause undue hardship,” etc.), they should provide a detailed 

description of why the accommodation would, for example, be ineffective or cause undue 

hardship. See, e.g., Attachment C (sample denial form that requires decision makers to 

fill out a checklist as well as provide a narrative explanation).

Procedures which fail to provide a denial form or which use a less detailed form may 

cause supervisors and managers to omit or misstate important information.

Explain that denials must be in writing and include certain specific information. 

State that denials, in addition to being in writing and including the specific reasons for the 

denial, must also include the following information: 

 the identity of the employee or office that made the decision; 
34 

 if a specific requested accommodation has been denied and another offered in its 

place, the reasons for the denial and the reasons the agency believes the chosen 

accommodation will be effective; 

 information about the individual’s right to file an EEO complaint and to invoke other 

statutory processes; and 

 information about the availability of the informal dispute resolution process. 

The best way to make certain that all denials are in writing and include the necessary 

information is to require decision makers to use a pre-printed denial form and attach that 

denial form to the procedures. See, e.g., Attachment C (sample denial form with preprinted information regarding filing rights; this form can be adapted to incorporate 

information regarding an agency’s own particular reconsideration procedures). 

IMPLEMENTATION TIPS

Encourage decision makers to consult with an expert.

Notwithstanding that an agency’s procedures may give supervisors or managers the 

authority to deny requests on their own, a good practice even for experienced decision 

makers is never to deny an accommodation request without consulting a knowledgeable 

resource. The agency’s disability program manager or other reasonable accommodation 

expert has access to numerous resources and usually has more experience than other 

decision makers at the agency. While a particular requested reasonable accommodation 

may seem like a clear case of “undue hardship” to a supervisor or manager, the agency 

expert, with access to objective information about the agency’s available resources, may 

see the situation differently. 

Case Illustration: Forde v. United States Postal Service, EEOC Appeal 

No. 01A12670 (Oct. 9, 2003). Agency failed to establish that restructuring 

complainant’s job by assigning certain marginal functions to co-workers 

would pose an undue hardship. The agency manager testified that 

assigning someone else the tasks that complainant could not perform 

"would impact [the manager’s] operation," but provided no description of the 

impact. The manager also testified that this accommodation would affect 

other employees, and that she was “not saying that it could not be done, but 

it's normally not done." The Commission found these to be conclusory 

statements that were insufficient to demonstrate the impact the agency's 

operations or its other employees. In reaching this conclusion, the 

Commission also relied on testimony establishing that employees traded 

functions on a frequent basis and that employees had, in the past, been 

excused from various duties. 
35 

VIII. INFORMATION TRACKING

BASIC ELEMENTS

(See 13164 Policy Guidance at Section G): 

 Ensure that the agency’s systems of record keeping track the 

processing of requests for reasonable accommodation. 

 Explain that while the an agency is not required to maintain a 

particular record keeping system, documents, or databases, all 

agencies must be able to identify at least the following information: 

 the number of reasonable accommodations, by type, that have 

been requested for the application process and whether those 

requests have been granted or denied; 

 the jobs (occupational series, grade level, and agency 

component) for which reasonable accommodations have been 

requested; 

 the types of reasonable accommodations that have been 

requested for each of those jobs; 

 the number of reasonable accommodations, by type, for each 

job that have been approved, and the number of 

accommodations, by type, that have been denied; 

 the number of requests for reasonable accommodations, by 

type, that relate to the benefits or privileges of employment, and 

whether those requests have been granted or denied; 

 the reasons for denial of requests for reasonable 

accommodation; 

 the amount of time taken to process each request for 

reasonable accommodation; and 

 the sources of technical assistance that have been consulted in 

trying to identify possible reasonable accommodations. 
36 

DRAFTING TIPS

Require the completion of a Reasonable Accommodation Reporting Form.

Explain that after a reasonable accommodation request is granted or denied, the decision 

maker should complete a Reasonable Accommodation Reporting form, which tracks all 

the required information. Attach the form to the procedures. Provide instructions on who 

is to complete the form and when, and that it be sent, along with any other documentation 

collected during the reasonable accommodation process, to an individual designated to 

cull and maintain the information, such as the agency disability program manager. See, 

e.g., Attachment D (sample Reasonable Accommodation Reporting Form). 

Provide time periods for maintaining records.

Explain that records related to a particular individual who has requested accommodation 

will be maintained for the duration of the employee’s tenure. This helps ensure that an 

individual is not asked to provide medical information that has previously been submitted. 

Explain that information or any cumulative records used to track the employer’s 

performance with regard to reasonable accommodation will be retained for at least three 

years. Tracking performance over a three year period is critical to enable an agency to 

assess whether it has adequately processed and provided reasonable accommodation. 

IMPLEMENTATION TIPS

Designate someone to maintain and analyze the collected information. 

Assign someone to analyze the information collected to measure the performance of a 

reasonable accommodation program, determine areas that require further training or 

revisions to the procedures, and hold decision makers accountable. 

For example, some agencies have implemented a computerized tracking system for all 

the information required by E.O. 13164, with the ability to generate statistical reports 

analyzing the data in various ways. 
37 

IX. INFORMAL DISPUTE RESOLUTION

BASIC ELEMENTS

(See 13164 Policy Guidance, at Section H):

 Encourage the use of informal dispute resolution processes that allow 

individuals with disabilities to obtain prompt reconsideration of 

denials of reasonable accommodation.

DRAFTING TIPS

Provide for multiple levels of reconsideration.

 

Make clear that the reconsideration process should provide for reconsideration by the 

original decision maker AND a second level of reconsideration by an agency official who 

was not involved in the original decision. Providing independent review will enhance 

applicants’ and employees’ trust in the fairness of the process. 

Explain the right to file an EEO complaint and the other statutory rights. 

Explain that decision makers should use a pre-printed denial form, attached to the 

procedures, whenever a request is denied. In addition to explaining the reasons for the 

denial, as discussed above, the form contains a complete statement of the notice of rights, 

such as the right to file a complaint in the EEO process. This avoids the risk of the 

decision maker forgetting to provide the notice of rights in some cases, or of incorrectly 

explaining the rights. It also ensures that the requester will be aware that invoking the 

reconsideration process does not toll the time frame for filing an EEO complaint, or other 

time frames which begin running upon receipt of the agency’s original decision denying 

accommodation. 

IMPLEMENTATION TIPS

Ensure alternative dispute resolution process is accessible.

All alternative dispute resolution processes must be accessible to individuals with 

disabilities. Such employer-provided dispute resolution mechanisms are a benefit or 

privilege of employment for those employees eligible to participate, and as such the 

employer may be obligated to provide reasonable accommodation if requested for the 

dispute resolution process itself. 
38 

X. Final Steps: Adoption, Dissemination 

and Training 

E.O. 13164 required that federal agencies establish reasonable accommodation 

procedures and submit them to the EEOC by July 2001. Any agency that has not 

submitted procedures to the EEOC, made any necessary revisions based on EEOC’s 

feedback, and completed final adoption and issuance of reasonable accommodation 

procedures is not in compliance with E.O. 13164. In addition, since maintaining a model 

EEO program under EEOC Management Directive 715 requires adoption and 

dissemination of complete reasonable accommodation procedures, an agency that has 

failed to do so is not in compliance with the Management Directive. 

EEOC’s 13164 Policy Guidance, at § I.C., explains that each agency must make copies of 

its reasonable accommodation procedures readily available to all employees, and must 

also educate employees about its procedures. 

While agencies are not required to state in the procedures how dissemination or training 

on the procedures will occur, agencies may choose to do so. Regardless, each agency 

must take whatever steps are necessary to disseminate their reasonable accommodation 

procedures, and any accompanying forms, in a variety of ways to ensure access by all 

applicants and employees, and to provide appropriate training. 

 Suggested means of dissemination include providing copies to new employees as 

part of the standard orientation process, and providing copies and updates to all 

managers, supervisors, and human resources staff at periodic meetings or equal 

employment opportunity training, posting the procedures in appropriate locations 

on the agency’s Intranet and/or on its Internet website, and making the procedures 

available in designated locations such as agency libraries, EEO offices, and 

personnel/human resources offices. 

 Where procedures are posted electronically, it may be helpful to e-mail a notice to 

all employees providing a web link to the document. In addition, periodic e-mails to 

all employees or specifically for managers and supervisors, containing special 

directions, reminders, or updates is a helpful means of effectively disseminating 

the procedures and operational advice. 

 As detailed throughout the prior sections of this report, appropriate training on each 

step in an agency’s procedures, and the relevant Rehabilitation Act provisions as 

interpreted in EEOC federal sector appellate decisions and in EEOC guidance, is 

critical to successful implementation. Such training should be provided to all 

agency staff that has any role in the reasonable accommodation process.
39 

CONCLUSION

Written procedures are an excellent tool for managing the reasonable 

accommodation process and ensuring compliance with Section 501 of the Rehabilitation 

Act. Many of the strategies outlined in this report will enhance agency efforts to be model 

employers pursuant to 29 C.F.R. § 1604.203(a) and to achieve the federal sector EEO 

goals set forth in EEOC Management Directive 715.

The development and maintenance of reasonable accommodation procedures 

pursuant to E.O. 13164 is an ongoing process, in which agencies will learn through 

practical experience what revisions may be useful, and periodically update their existing 

procedures. With respect to any future changes to agency procedures, the Executive 

Order requires that each agency or agency component submit to the EEOC any 

modifications to its reasonable accommodation procedures at the time the modifications 

are adopted. EEOC is available on an ongoing basis, however, to provide technical 

assistance as requested to agencies that are contemplating revisions to their procedures. 

Submission of procedures as well as requests for technical assistance should be 

directed to: 

Director, Federal Sector Programs 

Office of Federal Operations 

Equal Employment Opportunity Commission 

1801 L Street, N.W. 

Washington, D.C. 20507 

Telephone: (202) 663-4599 

TTY: (202) 663-4593 

July 2005 
40 

SELECTED EEOC RESOURCES ON DISABILITY ISSUES

Policy Guidance on Exec. Order 13164: Establishing Procedures to Facilitate the 

Provision of Reasonable Accommodation

http://www.eeoc.gov/policy/docs/accommodation_procedures.html 

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under 

the ADA (as revised, 10/17/02) 

http://www.eeoc.gov/policy/docs/accommodation.html 

Enforcement Guidance: Disability-Related Inquiries & Medical Examinations of 

Employees Under the ADA 

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

Policy Guidance on Exec. Order 13145: To Prohibit Discrimination in Federal 

Employment Based on Genetic Information 

http://www.eeoc.gov/policy/docs/guidance-genetic.html 

Instructions for EEOC Field Offices: Analyzing ADA Charges After Supreme Court 

Decisions Addressing "Disability" and "Qualified" 

http://www.eeoc.gov/policy/docs/field-ada.html 

Enforcement Guidance on Application of the ADA to the Contingent Workers 

Placed By Temporary Agencies & Other Staffing Firms 

http://www.eeoc.gov/policy/docs/guidance-contingent.html

Enforcement Guidance on the ADA and Psychiatric Disabilities 

http://www.eeoc.gov/policy/docs/psych.html 

Enforcement Guidance on the Effect of Representations Made in Applications for 

Benefits on the Determination of Whether a Person is a "Qualified Individual with a 

Disability" Under the ADA 

http://www.eeoc.gov/policy/docs/qidreps.html 

Enforcement Guidance: Workers' Compensation & the ADA 

http://www.eeoc.gov/policy/docs/workcomp.html 

Enforcement Guidance: Preemployment Disability-Related Questions & Medical 

Examinations 

http://www.eeoc.gov/policy/docs/preemp.html 

Compliance Manual Section 902: Definition of the Term Disability 

http://www.eeoc.gov/policy/docs/902cm.html 
41 

Interim Enforcement Guidance on the Application of the ADA to Disability-Based 

Distinctions in Employer Provided Health Insurance 

http://www.eeoc.gov/policy/docs/health.html 

FMLA, ADA, and Title VII 

http://www.eeoc.gov/policy/docs/fmlaada.html 

Q&A: Intellectual Disabilities in the Workplace & the ADA 

http://www.eeoc.gov/facts/intellectual_disabilities.html 

Q&A: Epilepsy in the Workplace & the ADA 

http://www.eeoc.gov/facts/epilepsy.html 

Q&A: Diabetes in the Workplace & the ADA

http://www.eeoc.gov/facts/diabetes.html 

Job Applicants and the ADA 

http://www.eeoc.gov/facts/jobapplicant.html 

Telework as a Reasonable Accommodation 

http://www.eeoc.gov/facts/telework.html 

The ADA: A Primer for Small Business 

 http://www.eeoc.gov/ada/adahandbook.html 

Obtaining and Using Employee Medical Information as Part of Emergency 

Evacuation Procedures 

http://www.eeoc.gov/facts/evacuation.html 

Interim Report on Best Practices for the Employment of People with Disabilities in 

State Government 

http://www.eeoc.gov/initiatives/nfi/int_states_best_practices_report.html 

How to Comply with the ADA: A Guide for Restaurants & Other Food Service 

Employers 

http://www.eeoc.gov/facts/restaurant_guide.html

Q & A for Mediation Providers: Mediation and the ADA

http://www.eeoc.gov/mediate/ada/ada_mediators.html 

Q & A for Parties to Mediation: Mediation and the ADA

http://www.eeoc.gov/mediate/ada/ada_parties.html 
ATTACHMENT A: SAMPLE FORM 

CONFIRMATION OF REQUEST 

FOR REASONABLE ACCOMMODATION

1.

____________________________ 

Applicant’s or Employee’s Name

Today’s Date ________________ 

Date of Request ______________ 

_____________________________ 

Applicant’s or Employee’s Tel. No.

______________________________ 

Employee’s Office

2. ACCOMMODATION REQUESTED. (Be as specific as possible, e.g., adaptive 

equipment, reader, interpreter)

3. REASON FOR REQUEST.

If accommodation is time sensitive, please explain: 

Return Form to Disability Program Manager

4.

(Disability Program Manager will assign number)

Log No.: __________________________ 
ATTACHMENT B: 

SAMPLE LANGUAGE REGARDING CREATION OF STAFF ASSISTANT SLOTS

1. STAFF ASSISTANT SLOTS. The [name of federal agency] will make staff assistants 

available, if appropriate. Staff assistants are sign language interpreters, readers, and 

assistants who perform physical tasks that an employee cannot perform because of a 

disability. For example, an investigator with limited or no upper extremity mobility may need 

assistance in physically organizing a charge file. The investigator will perform the essential 

functions of the position -- e.g., conduct the investigation and draft documents -- and the 

assistant would only perform the physical task. 

2. REQUEST FOR STAFF ASSISTANT SLOTS. Requests for hiring a staff assistant must be 

referred to the Disability Program Manager from the staff member who received the request. 

The Disability Program Manager will first determine whether staff assistants already hired by 

the agency can fulfill an employee’s needs. The Disability Program Manager also will 

determine if an employee’s needs could be met by contracting for services (e.g., a contract 

interpreter), and if so, will make the necessary arrangements. If the Disability Program 

Manager approves the request to hire a staff assistant, the employee’s Office Director, in 

consultation with the Office of Human Resources, if necessary, should prepare a Request 

for Personnel Action (SF-52) and a position description. The employee with a disability 

must play an integral part in the interview and selection process of an interpreter, reader, or 

assistant. 

3. USE OF STAFF ASSISTANTS. The staff assistant slots are to be used only to hire 

interpreters, readers, and assistants as a reasonable accommodation for employees with 

disabilities. Staff hired shall be shared to provide assistance to more than one employee 

with a disability, where appropriate. These staff assistants may not be assigned any other 

duties unless the person they were hired to assist has no work for them to perform at that 

time. Before assigning other duties to the assistant, the employee with the disability shall be 

consulted to determine when assistant services are not needed. If the supervisor is not the 

employee with a disability, s/he must consult with the employee with a disability regarding 

the staff assistant’s performance evaluation. 

In no case should a staff assistant be called upon -- by management or by the employee(s) 

to whom he or she is assigned -- to perform the essential functions of the job held by the 

employee with the disability. 

4. HIRING AUTHORITY. Readers, interpreters, or assistants hired to fill approved positions 

may be appointed under the non-competitive Schedule A authority, 5 C.F.R. 213.3102 (ll). 

Persons with disabilities hired as readers, interpreters, or assistants may also be hired 

under the 213.3102 (u) authority. 

5. RELEASE OF POSITIONS. When the need for a staff assistant is reduced or eliminated, 

the Administrative Officer or Personnel Management Specialist shall notify the Disability 

Program Manager, who will take appropriate steps. 
ATTACHMENT C: SAMPLE FORM

 DENIAL OF REASONABLE ACCOMMODATION REQUEST

 (Must complete numbers 1-4; complete number 5, if applies) 

1. Name of Individual requesting reasonable accommodation: 

2. Type(s) of reasonable accommodation requested: 

3. Request for reasonable accommodation denied because (may check 

more than one box): 

_____ Accommodation Ineffective 

_____ Accommodation Would Cause Undue Hardship 

_____ Medical Documentation Inadequate 

_____ Accommodation Would Require 

 Removal of an Essential Function 

_____ Accommodation Would Require Lowering 

 of Performance or Production Standard 

_____ Other (Please identify) ____________________ 

 

 

4. Detailed Reason(s) for the denial of reasonable accommodation (Must be 

specific, e.g., why accommodation is ineffective or causes undue 

hardship): 

5. If the individual proposed one type of reasonable accommodation which 

is being denied, but rejected an offer of a different type of reasonable 

accommodation, explain both the reasons for denial of the requested 

accommodation and why you believe the chosen accommodation would 

be effective. 

(Over)
If an individual wishes to request reconsideration of this decision, s/he may 

take the following steps: 

 [outline reconsideration steps in agency procedures, e.g.:

$ First, ask the decision maker to reconsider his/her denial. Additional 

information may be presented to support this request. 

$ If the decision maker does not reverse the denial: 

$ and the decision maker was the individual’s supervisor, the 

individual can ask the Office Director to do so. 

$ and the decision maker was the Office Director, the individual can 

ask the Disability Program Manager to do so. 

$ and the decision maker was the Disability Program Manager, the 

individual can ask the official designated by the Director of the 

Equal Employment Opportunity Office to do so.]

7. If a federal applicant or employee wishes to file an EEO complaint, or 

pursue MSPB and union grievance procedures, s/he must take the 

following steps:

C For an EEO complaint pursuant to 29 C.F.R. ' 1614, contact an EEO 

counselor in the Equal Employment Opportunity office within 45 days from the 

date of this notice of denial of reasonable accommodation; or 

C For a collective bargaining claim, file a written grievance in accordance 

with the provisions of the Collective Bargaining Agreement; or 

C Initiate an appeal to the Merit Systems Protection Board within 30 days of an 

appealable adverse action as defined in 5 C.F.R. ' 1201.3. 

____________________________ _____________________________

Name of Deciding Official Signature of Deciding Official 

Date reasonable accommodation denied _______________________________ 
ATTACHMENT D: SAMPLE FORM

REASONABLE ACCOMMODATION INFORMATION REPORTING FORM

 (to be completed by the manager or other official who processed the accommodation request) 

 

 1. Reasonable accommodation: (check one) 

_____ Approved 

_____ Denied (If denied, attach copy of the written denial 

letter/memo that was sent to individual) 

 2. Date reasonable accommodation requested:

Who received request: _________________________ 

 3. Date reasonable accommodation request referred to decision maker

(i.e., supervisor, Office Director, Disability Program Manager, Personnel 

Management Specialist):

Name of decision maker: __________________________ 

 4. Date reasonable accommodation approved or denied:

 5. Date reasonable accommodation provided (if different from date 

approved):

 6. If time frames outlined in the Reasonable Accommodation Procedures 

were not met, please explain why.

7. Job held or desired by individual requesting reasonable accommodation

(including occupational series, grade level, and office):

 

 (Over) 
8. Reasonable accommodation needed for: (check one) 

 Application Process 

 Performing Job Functions or Accessing the Work Environment 

 Accessing a Benefit or Privilege of Employment (e.g., attending a 

training program or social event)

 9. Type(s) of reasonable accommodation requested (e.g., adaptive 

equipment, staff assistant, removal of architectural barrier):

10. Type(s) of reasonable accommodation provided (if different from what 

was requested):

11. Was medical information required to process this request? If yes, 

explain why. 

12. Sources of technical assistance, if any, consulted in trying to identify 

possible reasonable accommodations (e.g., Job Accommodation 

Network, disability organization, Disability Program Manager): 

13. Comments:

 Submitted by: Phone: __________________