Making Archives Accessible for


People with Disabilities


Frank H. Serene 
TABLE OF CONTENTS 

INTRODUCTION	 1


A. Barrier Removal	 1


B. Barrier-Free Environments	 1


C. Reasonable Accommodations	 2


D. 	 Readily Achievable and Undue Hardship 2


E. 	 Essential Functions or Elements of a Job 3


F. 	 Commitment from Staff and Administrators Is Necessary 4


G. 	 Identifying Barriers for Removal 4


H. 	 Establishing a Committee on Access 5


I. 	 Access: Good Practice and the Right Thing to Do 5


PART ONE: ARCHIVES AS A PUBLIC ACCOMMODATION 7


I. Accessible Route	 7


A. All Public Areas Must Be Connected by an Accessible Route 7


B. Wheelchair Accommodations	 8


C. Safety for People with Vision Impairments	 9


D. Wheelchair Accommodations in Parking Facilities	 9


E. Signage Must Be Properly Constructed and Displayed 10


F. Alarm Systems Should Provide Visual and Audio Warnings 11


II. Accommodations in the Research Room and Exhibit Halls 12


A. 	 Archivists Must Deal with a Variety of Disabilities 12


B.	 Avoid Situations That May Result in Unequal Treatment 13


C.	 Counter Tops and Aisles Must Be Adjusted to 13


Accommodate Wheelchairs

iv 

D. 	 All Programs and Services Must Accommodate 14


People with Disabilities


E.	 Safety Requirements and Rules Must Be Based on Actual Risks 15


F. 	 Accommodations That Make Exhibit Areas Accessible 15


G. 	 When Barriers Cannot Be Removed: Alternative Solutions 16


H. 	 Accommodating Wheelchairs and the General Public 17


III. Use of Elevators, Platform (Wheelchair) Lifts, 18


Stairs, and Ramps


A. 	 Elevators Accommodate Changes in Floor Levels 18


B.	 Platform Lifts Can Substitute for Elevators in Limited Circumstances 19


C. 	 All Stairs, in a Flight of Stairs, Must Have Uniform Risers 19


and Treads


D. 	 Any Slope Rising More Than 5 Percent Is a Ramp 20


IV. Telephones, Water Fountains, Public 21


Assembly Areas, and Restrooms


A. 	 Telephones 21


B.	 Water Fountains Must Accommodate Wheelchairs and Pedestrians 22


C.	 Public Assembly Areas Must Accommodate Wheelchairs 23


D. 	 Restrooms Must Accommodate Wheelchairs 24


V. Access and Accommodations in an 26


Academic Institution: Hofstra University


VI. Technical Assistance and Enforcement	 26


PART TWO: ARCHIVES AS AN EMPLOYER	 29


I. Reasonable Accommodations for Employment 29


A. 	 Reasonable Accommodations Facilitate Productivity 29


B. 	 Reasonable Accommodations Address Employee Needs 29


C. 	 Affirmative Action Is Required in the Federal Sector 30


D.	 New Freedoms Initiatives 30

v 

E. 	 Essential Functions Are Peculiar and Vital to a Job
 31 

F. 	 Benefits and Privileges Are Entitlements Rooted in a Person’s Job
 31 

G. 	 Variations of Rules Regarding the Employment of People 
 31 

with Disabilities 

II. Examples of Reasonable Accommodations	 32


A. 	 Making Existing Facilities Accessible and Usable 32


by People with Disabilities


B. 	 Changes in Working Conditions 32


C. 	 Acquiring or Modifying Equipment 32


D. 	 Modifying Procedures for Evaluating Applicants or 32


Current Employees


E. 	 Enhancements to the Work Environment 32


F. 	 Modification of Workplace Policy 33


G.	 Reassignment to a Vacant Position 33


H. 	 Installation of Adaptive Equipment on a Computer 33


I. 	 Providing an Electronic Version of All Announcements 33


J.	 Leave for Medical Purposes Related to an Employee’s Disability 34


K. 	 Accommodations for Violations of Standards of Conduct 34


L. 	 Work at Home 35


III. Reasonable Accommodations at the National Archives 35


IV. Reasonable Accommodations for Applicants 36


and the Hiring Process


A. 	 Access to Information 36


B. 	 Neutralizing the Disability 36


C. 	 Accommodations for Testing and Evaluating 36


D.	 Accommodation Needs Are Not Valid Reasons to Reject an Applicant 
 37 

V. Reasonable Accommodations for 
 37 

New Hires and Veteran Employees 

A. 	 Accommodation Is Confidential Information
 37 
vi 

B. 	 Requesting a Reasonable Accommodation 37


C. 	 Questions about Accommodations Must Relate to the 38


Application Process


D. 	 Questions about Accommodations Must Relate to 39


Job Performance


E.	 Questions about Accommodations Must Relate to the 39


Benefits and Privileges of Employment


F. 	 Accommodations Are Required Only for Known Disabilities 40


G. 	 Access to Facilities Provided for Employees 40


H. 	 Accommodations Are Implemented on Case-by-Case Basis 41


I.	 As Employees Gain Tenure They May Need 41 

Additional Accommodations 

VI. Actions Not Required Under the Reasonable 42


Accommodations Standards


A. 	 Create a Job 42


B. Lower Standards	 42


C.	 Relocate or Eliminate Essential Functions 42


D. 	Change Supervisors 42


E.	 Modify Work Hours 43


F. 	 Provide Personal Items 43


VII. Exceptions to the General Standards for 43


Reasonable Accommodations


A. 	 Test for or Screen out a Disability 43


B. 	 Preference to Members of Religious Institutions 43


C. 	 Monitor the Taking of Medication 44


VIII. Guidance, Technical Assistance, 44


Recordkeeping, and Enforcement


A. 	 Guidance, Technical Assistance, and Recordkeeping 44


B. Enforcement	 44


BIBLIOGRAPHY	 47

-

Introduction 

Recordkeeping, and Enforcement 

A. Barrier Removal 

Most archives function as a public accommodation and as an employer. Research 

rooms, lecture halls, and exhibit areas are public accommodations. Employment opportunities range from custodial to the highest level of professional staff. An archives 

should be prepared to meet and deal with a variety of disabilities that may involve 

restricted abilities for walking, seeing, hearing, speaking, perceiving or understand 

ing, or physical coordination. 

B. Barrier-Free Environments 

All new construction must be barrier free, i.e., accessible. Barrier removal pertains to older 

construction that is being altered, renovated, or refurbished. If barrier removal is not readily achievable (easily accomplished, without much difficulty or expense), an archives is 

permitted to implement accessible alternatives. For example, when access to the main 

front entrance is not readily achievable, an alternative side entrance can be made accessible. Moving an exhibit from an inaccessible area to one that is accessible, which is called 

program access, is acceptable when removal of architectural barriers is not readily achievable. The point is to create a physical environment so that people with disabilities receive 

goods and services that are not inferior to the products available to the general public.

1 

1 Public Law 101-336–July 26, 1990. An Act to Establish a Clear and Comprehensive Prohibition of 

Discrimination on the Basis of Disability. “The Americans with Disabilities Act of 1990.” (ADA) Title III “Public 

Accommodations and Services Operated by Private Entities.” SEC 301 Definitions, (9) “Readily Achievable.” 

1 
2 

C. Reasonable Accommodations 

An archives must provide reasonable accommodations in employment when it 

employs 15 or more full-time staff members for 20 or more weeks a year. In smaller 

archives, provisions for reasonable accommodation are voluntary. In the context of 

employment, a reasonable accommodation is a change, alteration, or modification 

in the work environment so that a person with a disability can perform the essential functions of a job. An obvious reasonable accommodation is to provide a work 

area that is accessible to an employee using a wheelchair. This includes access to 

restrooms, cafeterias, testing facilities, career advancement, and employment-related 

benefits. A not-so-obvious reasonable accommodation is to grant leave for medical 

treatment related to a disability. An employer is required to provide a reasonable 

accommodation, unless it would cause an undue hardship, which is defined as “an 

action requiring significant difficulty or expense.” This term is used to denote a fundamental change in the product, a change in working conditions that affects or 

inconveniences other workers, or a change that compromises the health or safety of 

the employee with a disability or other employees.

2 

D. Readily Achievable and Undue Hardship 

The terms “Readily Achievable” and “Undue Hardship” appear throughout this 

leaflet and in the literature dealing with barrier removal and reasonable accommodations. Readily Achievable is used with removing architectural barriers and making buildings and other facilities accessible; and Undue Hardship is used with the 

provision of reasonable accommodation. Barrier removal (making facilities accessible) is required if the action is readily achievable. Employers are required to provide 

reasonable accommodation unless the provision of reasonable accommodation 

would cause an undue hardship. The application of both terms is more subjective 

than objective. Both terms are defined rather broadly in the Americans with 

Disabilities Act. Readily Achievable is an action that is “easily accomplished and 

able to be carried out without much difficulty or expense.” Undue Hardship is an 

2 ADA, Title I Employment, SEC 101 Definitions (10) “Undue Hardship.” 
3 

“action requiring significant difficulty or expense.” When calculating whether an 

action is readily achievable or an undue burden the Americans with Disabilities Act 

(ADA) recommends these factors: 

1. the nature and cost of the action; 

2. the financial resources needed to carry out the action, and how the action will 

impact employment, financial resources, and expenses; 

3. the financial resources, size of the business, number of employees, and number and location of its various facilities; and 

4. type of operation; composition, structure, and function of the workforce; and 

the geographic separateness, and administrative or fiscal relationship of the facility to the covered (parent) entity.

3 

The Equal Employment Opportunity Commission (EEOC) further explains that 

undue hardship “refers not only to the financial difficulty, but to reasonable accommodations that are unduly extensive, or disruptive, or those that would fundamentally alter the nature or operation of the business. An employer must assess on a caseby-case basis whether particular accommodation would cause undue hardship.” A 

similar observation can be made about the term Readily Achievable. It waives the 

requirements for making public accommodations accessible, when the action would 

be excessive in proportion to the financial stability and size of the public accommodation. It does not waive the requirement to make goods and services accessible 

(they must be moved to an accessible location), but it postpones the action of making a public accommodation accessible until such time when the accessibility feature can be incorporated with the general reconstruction of the area.4 

E. Essential Functions or Elements of a Job 

The essential functions of a job distinguish it from other jobs. In general, the 

designation of essential functions is left to the discretion of the employer. The 

3 ADA, Title I, SEC. 101 (10); ADA, Title III, SEC. 301 (9)


4 Enforcement Guidance: Reasonable Accommodations and Undue Hardship Under the Americans with Disabilities


Act. (Washington, DC: EEOC) www.eeoc.gov/docs/accommodation.html, p. 4.

4 

essential functions may require special training or expertise, credentials or 

licenses, or similar certificate that recognizes a person’s ability to carry out certain job-related duties. When asked to determine the essential functions of a job, 

the EEOC looks at job descriptions and job announcements for guidance. So, if 

an archives wants its new secretary to answer the telephone and take messages, 

these elements should appear in the job description and posting announcing the 

job vacancy.

5 

F. Commitment from Staff and Administrators Is Necessary 

Successful implementation of a barrier-free environment and the provision for reasonable accommodations depends largely on the commitment and the creativity of 

the staff and administrators. In some cases, especially with regard to older buildings, an alternative to the published guidelines or standards may be acceptable. The 

use of alternative designs, products, or technologies is permitted when the result is 

access and usability for people with disabilities that is substantially equivalent or 

greater than the accessibility and usability provided to the general public. An archives 

may avoid providing access to an inaccessible upper level floor by moving an exhibit 

(or other items of public accommodation) to an accessible area; or it may arrange to 

have records brought from an inaccessible area to an accessible area as an accommodation for a researcher who cannot get to the inaccessible area. With regard to 

employment, the need for reasonable accommodation is addressed on a case-by-case 

basis, and no person should be denied employment, training, or opportunities for 

career advancement because of the need for a reasonable accommodation.6 

G. Identifying Barriers for Removal 

An initial step toward making your archives accessible is to survey the facility and 

to note public areas that have barriers. Voluntary survey forms are available online 

5 ADA, Title I, SEC 101 (8) “Qualified Individual with a Disability,” and (9) “Reasonable Accommodations.” U.S.


Equal Employment Opportunity Commission, The Americans with Disabilities Act —Your Responsibility as an Employer.


(EEOC–Bk 17) pp. 3–4.


6 EEOC, “Reasonable Accommodation and Undue Hardship,” pp. 4–5; 9; Questions and Answers. (Washington,


DC: U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice) www.usdoj.gov/


crt/ada/qandaeng.htm. p. 4. 

5 

at the Access Board web site: www.access-board.gov. The following are examples of 

questions you can ask as you survey your archives: Are the doorways and halls wide 

enough for a wheelchair or for wheelchairs to pass each other going in the opposite directions? Is there elevator access if the archives is on multiple floors? Is there 

space for a researcher using a wheelchair in the research room? Can tables and chairs 

be moved to accommodate a wheelchair? Are you able to assist a deaf or blind person? Can you direct the person to an agency where he or she can get help? Can you 

help or accommodate a person with little or no speech, or lack of cognitive or 

dexterity abilities? 

H. Establishing a Committee on Access 

In conjunction with the survey, an advisory committee, which includes members 

with disabilities, representing as many disabilities as possible, should be established 

early in the process; the committee and the archives should plan a long-term and 

permanent relationship. After the architectural barriers are removed, the committee 

should continue to function and be available to give advice as changes in the population, social and cultural attitudes, physical environment, financial resources, and 

technology create new challenges for accommodating people with disabilities. 

Because of changes in financial resources and technology, decisions of whether an 

action is readily achievable or a reasonable accommodation would no longer impose 

an undue burden are in need of constant reevaluation, upgrading, and updating. An 

advisory committee can be helpful in upgrading and updating provisions for making public facilities accessible and for providing reasonable accommodation. 

I. Access: Good Practice and the Right Thing to Do 

Providing for access to areas of public accommodation and adopting policies of reasonable accommodation in employment is good practice and the right thing to do. 

The overriding concern is to have a physical and attitudinal environment in which 

people with disabilities can function and interact with colleagues and friends who 
6 

are not disabled. People with disabilities must have the opportunity to obtain the 

full benefit of employment and access to public accommodations. Access to public 

areas and reasonable accommodations in employment are the means to a goal; but 

in and of themselves, they are not the goal. The goal is to ensure that people with 

disabilities receive and benefit from the goods and services of an archives; and that 

qualified people with disabilities have the same or equal opportunities for employment, career advancement, and other benefits and privileges associated with employment as their non-disabled colleagues. Access to public areas and accommodations 

in employment for people with disabilities must be, as much as possible, integrated 

with the facilities available to patrons and employees who do not have disabilities. 

The purpose of this technical leaflet is to help your archives reach this goal. 
“

01

PART ONE 

Archives as a 

Public Accommodation 

I. ACCESSIBLE ROUTE 

A. All Public Areas Must Be Connected by an Accessible Route 

The accessible route begins at public transportation stops or parking lots and can 

include all curb ramps, walks, doorways, research rooms, exhibit areas, lecture halls, 

ramps, elevators, platform lifts, halls, corridors, aisles, skywalks, tunnels, and other 

elements that connect the services and other public accommodations of a facility. 

An accessible route does not include stairs, steps, or escalators. The route is configured to accommodate wheelchairs; to ensure safe walking conditions for pedestrians with ambulatory disabilities; to eliminate protrusions, debris, or litter that would 

obstruct the passage of people with low or no vision; and, in general, provide safe 

navigation for all people. Loading docks, kitchen facilities, or similar locations 

should not be designated as the accessible entrance, unless it is normally used as 

an entrance for the general public.

7 

Surfaces should be stable, firm, and slip resistant. Carpet, if it is used, should 

be securely attached and have a firm cushion, pad, or backing. The pile thickness should be no more than 1

/2 inch. Space in gratings should be no more than 

7 ADA Accessibility Guidelines for Buildings and Facilities” (ADAAG) 4.3– Accessible Route. In Code of Federal 

Regulations, Part 36 (28 CFR Part36) Revised as of July 1, 1994. Department of Justice, Nondiscrimination on the Basis 

of Disability by Public Accommodations and in Commercial Facilities, pp. 490–563. 

7 
8 

1

/2 inch, and elongated openings should be placed perpendicular to the dominant direction of travel. A running slope along the route should not be raised 

by a ratio of more than 1:20 or more than one foot in 20 feet. This ratio is a 

raise of no more than 5 percent. The cross slope along the accessible route 

should never exceed 2 percent or 1:50. If the surface level rises or falls 1

/2 inch 

or more, the grade must be serviced by a ramp, elevator, or platform lift. An 

accessible route should also serve as a means of egress during an emergency and 

should connect with an area of rescue assistance or have a horizontal (floor 

level) exit.8 

B. Wheelchair Accommodations 

At least 50 percent of all public entrances must be accessible, and at least one 

must be a ground floor entrance. At the doors the passageway must be at least 

32 inches wide. The floor area at a non-automated doorway should provide 

clearance so a person using a wheelchair can open the door. Revolving doors 

or turnstiles at doorways should be removed or an accessible path around them, 

designed to facilitate the same use pattern, should be established. At a distance 

no more than 24 inches from a door the accessible route should widen to 36 

inches for continuous passage. A width of 60 inches is necessary to accommodate two wheelchairs, traveling either side-by-side or in opposite directions. 

Where the width is less than 60 inches, passing spaces at least 60 by 60 inches 

must be located at intervals that do not exceed 200 feet. A clear 60-by-60-inch 

space is necessary for a wheelchair to make a 180-degree turn. A 30-by-48-inch 

space should be available so the wheelchair can leave the accessible route to view 

a display, use a card catalog, or to rest. The space must provide for either a forward reach (wheelchair facing or perpendicular to the object) or side reach 

(wheelchair parallel to the object). The forward reach height can be no more 

than 48 inches, with a low reach of 15 inches above the floor. The side reach 

can be as high as 54 inches or as low as 9 inches above the floor. If the reach is 

8 ADAAG 4.1.3(9)–number of exits required by local fire and safety regulations; 4.5.3–Carpet, 4.5.4–Gratings, 

4.3.7–Slope, 4.3.8–Changes in Level, and 4.3.10–Egress. 
9 

obstructed, adjustments for clearance should be made. There must be clear access 

from this space back to the accessible route.

9 

C. Safety for People with Vision Impairments 

An accessible route must be free of all obstructions. In addition to accommodating 

wheelchairs, the accessible route must provide clear and safe passage for pedestrians, especially those with low or no vision. Walkways must be free of protrusions, 

debris, or other items that may obstruct passage or cause bodily harm because they 

are not seen. At exterior sites or interior corridors, halls or rooms are required to 

have a floor-to-ceiling clearance of 80 inches; if this clearance is reduced, there 

should be a barrier around the protrusion to protect and warn people who have 

vision difficulties. Wall-mounted objects, such as telephones, that are more than 

27 inches above the floor, should not protrude more than 4 inches from the wall. 

An object mounted on the wall below 27 inches may protrude any distance since 

it is detectable by a cane. However, within the 27-to-80-inch range, freestanding 

objects mounted on pylons or posts may overhang 12 inches, provided that none 

of the protrusions reduce the clear width of the accessible route or maneuvering 

10 space.

D. Wheelchair Accommodations in Parking Facilities 

Accessible parking is required when self-parking spaces are provided for employees 

or visitors. Accessible parking spaces, access aisles, and the accessible route, which 

the aisle should be part of or provide access to, should all be 96 inches wide. One 

out of eight accessible spaces should be designated for van parking. These spaces 

may be in an area not normally used for parking if the area is equivalent or better 

in terms of distance to an accessible building, cost, or convenience. The accessible 

route should provide the shortest possible distance to an accessible entrance. The 

minimum number of required accessible parking spaces is determined by the number of provided parking spaces. For instance, there should be at least one accessi9 ADAAG 4.1.3(7)(a)(i)–Public Entrances; 4.2.1-6–Space Allowances and Reach Ranges; 4.4.3–Width; 

4.3.4–Passing Space; 4.13.2–Revolving Doors and Turnstiles; 4.13.5–Clear Width; and 4.13.6– Maneuvering 

Clearances at Doors. Width; and 4.13.6 44w 

10 ADAAG 4.4–Protruding Objects 
10 

ble space for every 25 to 100 spaces. Parked vehicles should not intrude on or 

reduce the accessible route. Two accessible parking spaces may share a common 

access route. Parking spaces and access aisles should be level and surface slopes 

should be no greater than 1:50 or 2 percent. If the parking space and access route 

are covered the minimum clearance should be 114 inches. At passenger loading 

zones the access aisle must be 5 feet (60 inches) wide and 20 feet (240 inches) long. 

Proper signage should be posted to designate an accessible parking space.

11 

E. Signage Must Be Properly Constructed and Displayed 

Numbers and letters should be no less than 3 inches high. Their actual height is 

11 ADAAG 4.1.2(a)–self parking; (b)–van parking; (c)– passenger loading zones; . . . (e)–valet parking; and 

4.6–Parking and Passenger Loading Zones. 
11 

determined by the distance from which they are to be seen. Their width is relative 

to their height: the width-to-height ratio is between 3:5 and 1:1; and the stroke 

width to height ratio is between 1:5 and 1:10. Letters and numbers should be raised 

1/32 of an inch and be accompanied by Grade 2 Braille. Raised characters should 

be at least 5/8 inch but no more than 2 inches high. Pictograms should be accompanied by an equivalent verbal translation placed directly below the display. Signage 

background should be nonglare, and the symbols should contrast favorably with 

the background. 

Signage that identifies permanent rooms and spaces should be mounted on the 

wall adjacent to the latch side of the door. When this is not possible, the sign should 

be placed on the nearest adjacent wall. The sign should be mounted so that its center is 60 inches above the surface or finished floor. Signs should be mounted, free 

of obstructions, so a person can get as close as 3 inches to the sign. 

Proper signage is necessary to provide information about the facility. It should 

indicate the availability and location of accessible features; it also should provide direction to and information about functional areas. Moreover, signage should indicate 

the location of rooms. The international symbol of accessibility, a stick drawing of a 

person sitting in a wheelchair, should be used to identify accessible facilities, elements, 

and spaces such as parking spaces, loading zones, entrances, and restrooms. Inaccessible 

entrances should have signage indicating the location of accessible entrances. In addition, signage should identify telephones with volume control, the location of text telephones, and the location of assistive listening systems.

12 

F. Alarm Systems Should Provide Visual and Audio Warnings 

Emergency warning systems (alarms), when they are provided, should include 

both audible and visual alarms. Both alarm systems should be placed in all common areas such halls, lobbies, restrooms, meeting rooms, research rooms, lecture 

rooms, work areas, and work stations. Visual alarms should be integrated into the 

facility’s alarm system 

12 ADAAG 4.1.2(7)–Building Signage; 4.1.3(16)–Building Signage; and 4.30–Signage 
12 

In case of emergency an archives should have a plan for the care and protection of its staff and guests with disabilities. Part of this plan is the establishment of an area of rescue assistance and an arrangement for emergency evacuation. Signage, displaying the international sign of accessibility, should identify 

each area of rescue assistance and must be illuminated when lighting is required. 

Exits that are not accessible should have signage that directs people to the areas 

of rescue assistance. 

Areas of rescue assistance are places where people can safely wait for assistance 

or further instructions for evacuation in case of emergency. These areas should provide communications with officials responsible for the evacuation and should have 

direct access to an exit. An area of rescue assistance should provide spaces for two 

wheelchairs; each space should be 30 by 48 inches. Each floor should have at least 

one area of rescue assistance, and there should be at least one area for every 200 

people. In general, areas of rescue assistance should be smoke and fire proof for one 

hour and provide for quick evacuation once help has arrived. Stairways adjacent 

to the area of rescue assistance should be 48 inches wide between the handrails. 

Areas of rescue assistance are not required in buildings or facilities having a 

supervised automatic sprinkler system. However, even where buildings or facilities 

have sprinkler systems, managers need to develop plans to evacuate people with disabilities in the event there is a need for an emergency evacuation, especially now 

that there are threats of non-fire emergencies that might require evacuations.

13 

II. Accommodations in the Research Room and Exhibit Halls 

A. Archivists Must Deal with a Variety of Disabilities 

Procedures for responding to disability needs should be established before a person 

with a disability enters the research room. Research room staff must be prepared 

to respond to various needs. Staff members should be able to recognize a disability 

13 ADAAG 4.3.11–Areas of Rescue Assistance; and 4.28–Alarms. 
13 

and be able to render requested assistance or refer the patron to a source of assistance. Employees who can converse in sign language should be available to assist in 

the research room. For deaf researchers policies regarding the use of records and 

behavior in the research room should be clearly written. A list of outside agencies 

that would supply readers, recorders, or interpreters should be available. Archives 

with open stacks and self-service arrangements in microfilm reading rooms and 

motion picture viewing rooms will have to develop a policy for providing alternative, but equal, access for people who cannot get into stack areas or mount film. 

Staff may render assistance by mounting film, retrieving documents, or turning 

pages. The cost, both in terms of payment for the outside services and the time staff 

volunteers in rendering assistance, may be charged to the archives, unless these 

accommodations impose an undue hardship. 

B. Avoid Situations That May Result in Unequal Treatment 

A delicate issue that the research room staff may face is when to withhold a document because of concern it might be damaged. A rule of thumb to follow is to concentrate on the record and not the individual using the record. Suppose, for instance, 

that a researcher with dexterity problems requests records. The document cannot be 

withheld because of anticipation it might be damaged. A photocopy might be 

offered; or the document could be enclosed in a polyester (Mylar) sleeve. 

Withholding the original from public use and having a photocopy ready for all 

researchers is another possibility. The latter solution eliminates all questions about 

equal access. 

C. Counter Tops and Aisles Must Be Adjusted 

to Accommodate Wheelchairs 

In research rooms a portion of the service counters or desks must be between 28 

and 34 inches from the floor. If this accommodation is not provided, staff can conduct discussions at a desk that is at the proper height for a person using a wheel­
14 

chair. In this situation the staff person should be seated to avoid standing and looking down at the person in the wheelchair. 

The aisle between tables should be wide enough (36 inches) to allow passage 

of a wheelchair. If the tables and chairs are not attached to the floor, they can be 

moved to accommodate a wheelchair. If the tables and chairs are attached, 5 percent (or at least one) should accommodate a patron using a wheelchair. There should 

be sufficient space under the table (27 inches, floor to the underside of the table 

top) so the person using the wheelchair can sit comfortably, and there should be 

ample floor space (30 by 48 inches, including space under the table) so that the 

wheelchair can be used as a seat at the table. 

Shelves or drawers in cabinets or displays, assuming a side approach, can be no 

higher than 54 inches or lower than 9 inches from the floor; if a front approach is 

required, the maximum high reach is 48 inches and the low reach is no lower than 

15 inches from the floor. If there are obstructions (a writing or study surface) then 

the reach range is reduced. The aisle between stacks, card catalogs, or magazine display racks should be 36 inches wide; the aisle may widen to 42 inches at points to 

permit movement around the wheelchair. If there is a turnstile, an accessible passage 

around it should be available. A portion of the check-out counter, 36 inches long 

and whose top is no higher than 36 inches from the floor, should be available to 

patrons using wheelchairs and have an approach to and from an accessible route.

14 

D. All Programs and Services Must Accommodate People with Disabilities 

Separate and specialized services must not preclude the opportunity for people 

with disabilities to take part in programs offered to the general public. If separate 

services are offered to accommodate a special need, the person with a disability 

cannot be denied the opportunity to participate fully in an integrated setting. 

Thus, an archives may set off a section to service people with disabilities but cannot deny the person with a disability the opportunity to use facilities available 

to the general public. 

14 ADAAG 4.2.5–Forward Reach; 4.2.6–Side Reach; 4.13.2–Revolving Doors and Turnstiles; 4.1.3(18)– Fixed or 

Built-in Seating or Tables; 4.32–Fixed or Built-in Seating and Tables; 7.2(1)–Sales and Information Counters; 8.2– 

Reading and Study Areas; 8.3–Check-Out Areas; 8.4–Card Catalogs and Magazine Displays; 8.5–Stacks. 
15 

Except in a few instances, an archives should not ask a person about a disability unless the question is for the purpose of determining how to assist the patron. 

An archives, or any other place of public accommodation, cannot impose a surcharge 

on people with disabilities (unless the charge is imposed equally on the general public) to cover the cost of an accommodation. Nor can the archives require the person with a disability to be accompanied by an attendant. Asking for a driver’s license 

and no other form of identification may be a violation of the ADA because a person’s disability may preclude obtaining a driver’s license.

15 

E. Safety Requirements and Rules Must Be Based on Actual Risks 

Speculation, stereotypes, or generalizations about people with disabilities cannot be 

the rationale for rules or regulations that restrict the movement or access of people 

with disabilities. Rules prohibiting animals in the research room may have to be 

modified to accommodate people who use service animals. Safety requirements may 

be imposed only if they are necessary for the safe operation of the research room. 

A person may not be denied service because of his or her association with a person with a disability (HIV, for example). Nevertheless, an archives or any other public accommodation may impose legitimate safety requirements that are necessary for 

safe operation.16 

F. Accommodations That Make Exhibit Areas Accessible 

Exhibitions halls can be made accessible by: 

1. 	removing architectural barriers to allow wheelchair access; 

2. 	adjusting the height and angle of an exhibit so that it can be viewed by a person using a wheelchair; 

3.	 using alternative formats, such as Braille or audio recordings, to describe 

exhibits for patrons with low or no vision; 

4. 	having sign-language interpreters available for tours that may include people 

with hearing loss; or 

15 Americans with Disabilities Act of 1990 (ADA) Title III–Public Accommodations and Service Operated by Private


Entities, SEC 302. Prohibition of Discrimination by Public Accommodations.


16 ADA, Title III, sec. 302 (b)(1)(A)(B)(C)(E); Federal Register, 56, No. 144 (July 26, 1991), pp. 35558, 35564, 35596. 

16


5. 	providing program access by moving an exhibit from an inaccessible area to 

an accessible one. 

G. When Barriers Cannot Be Removed: Alternative Solutions 

When barrier removal is too expensive (or for other reasons), a temporary solution can be implemented until the barrier can be removed. An example of this 

approach can be found at the National Archives Building in Washington, DC. For 

years, as an accommodation to people using wheelchairs and others who had difficulty walking, the National Archives and Records Administration provided an alternative entrance to its primary exhibit area, the Circular Gallery and the Rotunda, 

at the National Archives Building. The entrance from Constitution Avenue to this 

exhibit area was approached by a long flight of steps. The alternative was to have 

people who were unable to navigate steps enter the building at an accessible entrance 

on the Pennsylvania Avenue side of the building and take an elevator up to the 

exhibit area. This area was properly ramped so that people could view the current 

exhibit in the Circular Gallery and the Charters of Freedom in the Rotunda. 

With the completed renovation of the National Archives Building, the removal 

of barriers and the installation of accessible features 

were actions that were readily achievable and usable by 

people with disabilities. Elevators and ramps were installed so that people with 
17


disabilities can use the same entrance as the 

general public. Children and people using 

wheelchairs can view the Charters of 

Freedom because they will be displayed in 

cases with a front 28 inches above the floor and a display area rising at a 25-degree 

angle when viewed from the front.17 

H. Accommodating Wheelchairs and the General Public 

At the National Archives, exhibits are arranged so they can be comfortably viewed 

by people using wheelchairs and the general public. The determination of the positioning, height, and angle of the display is the result of a cooperative effort by the 

National Archives, the Smithsonian Institution, and people using wheelchairs. People 

with disabilities were invited to view mock display cases, which were adjusted to angle 

and height. Conservators were involved in the process to ensure that the documents 

were not damaged by angles that were too steep. During the process the height and 

17 Linda Wheeler. “225 Years of History on Hiatus.” Washington Post. (July 1, 2001) p. C1+; Interview of Rick


Blondo, National Archives and Records Administration. Spring 2000.


18 Blondo.

18 

angle of the cases were adjusted to determine the best position. Now that this determination has been made, the height and angle are permanent.18 

III. Use of Elevators, Platform (Wheelchair) Lifts, 

Stairs, and Ramps 

A. Elevators Accommodate Changes in Floor Levels 

An accessible route should include at least one or more elevators that connect with 

all public areas; this rule applies to each level, including the mezzanine, of all multistory buildings. Freight elevators, unless they are used as a combination freight 

and passenger elevator, should not be designated as the accessible elevator. Elevators 

should self-level within a one-half inch of the floor landings, and elevators doors 

must open and close automatically. The floor area of elevator cars must provide space 

for wheelchair users to enter, maneuver within reach of the controls, and exit. 

Control buttons should be accessible to people with low or no vision and to people using wheelchairs. The buttons should be identified by both Braille and by raised 

standard alphabet characters, Arabic numerals, and other standard symbols. The call 

button for the main entry level should be indicated by a raised star. All indicators 

should be placed to the left of the button to which they apply; permanently attached 

plates are acceptable indicators. The buttons should illuminate when pushed and 

extinguish when the elevator arrives at the designated floor. As an accommodation 

for people using wheelchairs the button panel should be no higher than 54 inches 

when the wheelchair makes a side approach and no higher than 48 inches when 

the approach is from the front. Emergency controls, whose center line must be 35 

inches from the floor, should be placed at the bottom of the control panel. If cars 

have center door openings, the control panel should be placed on the front wall; if 

the cars have side opening doors, the panel should be placed either at the side wall 

or the front wall next to the panel. There should be a visual position indicator above 
19 

the panel that activates with the floor number and an audio signal as the elevator 

stops at or passes a floor. 

In elevator lobbies call buttons should be mounted so their center is 42 inches 

above the floor. Mounted objects beneath the button should not project more than 

4 inches. Call buttons should have a minimum diameter of 3

/4 inch and have visual 

signals to indicate it is being used. Visual and audio signals should announce the 

arrival and departure of cars. The visual signal, at least 2 1

/2 inches in size should 

be at least 72 inches from the floor and visible from the area of the call button. Floor 

indicators, at least 2 inches high, raised and in Braille, should be placed on each 

door jam at least 60 inches above the floor. Elevators doors should remain open 3 

seconds in response to a call. At least 5 seconds should elapse from the announcement that an elevator is answering a call until the doors start to close.

19 

B. Platform Lifts Can Substitute for Elevators in Limited Circumstances 

When platform lifts are used they should comply with guidelines regarding clear 

space, maneuverability, positioning, usability of controls, and safety. These lifts, complying with applicable state regulations and ADA guidelines, may be used to 

1. 	provide an accessible route to a performing area; 

2.	 ensure that people using wheelchairs can see the stage and that spaces for 

wheelchairs are available throughout auditoriums and similar areas; 

3. 	allow access to rooms not open to the general public, such as equipment or 

projection control rooms, whose occupant capacity is no more than five people; and 

4. 	facilitate access to raised platforms.

20 

C. All Stairs, in a Flight of Stairs, Must Have Uniform Risers and Treads 

Treads (the stepping area) must have a depth or length, as measured from riser (the 

back of the step) to riser, of no less than 11 inches. The front edge of the tread, the 

nosing, should be rounded with a radius no greater than 1

/2 inch. Handrails should 

19 ADAAG 4.1.3(5)–Passenger Elevators; 4.10–Elevators. 

20 ADAAG 4.11–Platform Lifts. 
20 

be continuous on both sides of the stairs; the inside handrail should be continuous on 

stairs that switchback or feature a dogleg configuration. Non-continuous handrails 

should extend 12 inches beyond top riser and 12 inches beyond the bottom riser plus 

the width of one tread beyond the bottom riser. At the top the extension should be 

parallel with the floor or ground surface. At the bottom, the handrail should continue 

to slope for the distance of the width of one tread from the bottom of the riser; the 

remainder of the extension should be horizontal. From the handrail to the wall there 

should be a clear space of 11

/2 inches. The top of the handrail gripping surface should 

be between 34 and 38 inches above the front of the step; the gripping surface should 

not be interrupted by newel posts or other obstructions; the ends of handrails should 

be either rounded or returned smoothly to the floor, wall, or post; and handrails should 

not rotate within their fittings.

21 

D. Any Slope Rising More Than 5 Percent Is a Ramp 

Five percent is expressed as 1:20 (meaning rising 1 inch for every 20-inch run; slightly 

over a 5-percent grade). The maximum slope for a ramp in new construction is 1:12, 

which is slightly over an 8-percent grade. Existing construction ramps may exceed this 

ratio if the 1:12 formula cannot be met. A ramp run should rise no more than 30 inches; 

21 ADAAG 4.9–Stairs. 
21 

there should be a level area or landing at the bottom and top of each run. The minimum 

clear width of a ramp is 36 inches. The landing must be as wide as the ramp and at 

least 60 inches long. The landing needs to be 60 by 60 inches if the ramps change direction. There should be a handrail on both sides of a ramp if its run has a rise of greater 

than 6 inches or a horizontal projection greater than 72 inches. Handrails on ramps 

should follow the configuration for stairs as described in part III (p. 19).22 

IV. Telephones, Water Fountains, 

Public Assembly Areas, and Restrooms 

A. Telephones 

If an archives provides public (pay) telephones, then at least one public telephone 

on each floor, or in each bank of phones (a bank being a cluster of two or more 

phones) must be accessible. This means there must be a clear space (30 by 48 inches) 

under the phone so a wheelchair can rest. Except for certain situations, the space 

can provide for a frontal or side approach to the phone. The space must have an 

accessible route. Operating parts from a frontal approach can only be 48 inches from 

the floor; a side approach allows for operating parts to be 54 inches from the floor. 

Telephones must not protrude more than 4 inches into an accessible route. 

Accessible telephones must be hearing aid compatible and have volume controls with a range of 12dbA to 18dbA above normal. If there is an automatic reset, 

a range above 18dbA is permitted. Telephones must have push-button control where 

service for such equipment is available. In addition, 25 percent, but never less than 

one, of all other public telephones must be equipped with volume controls and be 

dispersed among all types of telephones. 

When an archives has four or more pay telephones, including phones on the 

exterior of a site, there should be at least one interior text telephone. Text telephones 

used with a pay telephone must be permanently affixed, or adjacent, to the tele22 ADAAG 4.8–Ramps. 
22 

phone enclosure. If an acoustic coupler is used, the cord must be long enough to 

allow connection of the text telephone and the telephone receiver. Pay telephones 

designed to accommodate a text telephone must be equipped with a shelf and an 

electrical outlet within or adjacent to the telephone enclosure. The telephone handset must be capable of being placed flush on the surface of the shelf. The shelf must 

be capable of accommodating a text telephone and have a minimum 6-inch-vertical clearance in the area where the text telephone is to be placed. A portable text 

telephone may be made available at a check-in /check-out desk for use at a nearby 

pay telephone.

23 

B. Water Fountains Must Accommodate Wheelchairs and Pedestrians 

If only one water fountain or watercooler is provided on a floor, access should be 

provided to drinking water for people using wheelchairs and those who have difficulty stooping. This goal can be accomplished by having a fountain with a highlow feature or other means that will accomplish the desired accessibility. When a 

floor has more than one fountain, 50 percent should be accessible. On an accessible fountain, the spouts, located at the front of the unit, should rise no more than 

36 inches above the floor. The water trajectory should be nearly parallel to the front 

of the fountain and rise at least 4 inches high to allow a cup to be filled. On fountains with a round or oval bowl, the water trajectory should be within 3 inches of 

the front edge. Operation should require only one hand and not require tight grasping, pinching, or twisting of the wrist. Nor should operation require pressure of 

more than 5 pounds. Under a wall-mounted fountain the knee clearance from the 

floor to the bottom of the fountain 

should be 27 inches, at least 30 inches 

wide, and 17 to 19 inches deep. The 

clear space should be 30 by 48 inches 

and allow a forward-facing approach. 

For free-standing fountains there will 

23 ADAAG 4.1.3(17)–Public Telephones; 

4.4–Protruding Objects; 4.31–Telephones. 
23 

not be any knee clearance under the unit, but the clear space (30 by 48 inches) for 

a wheelchair should be configured to allow a side approach.24 

C. Public Assembly Areas Must Accommodate Wheelchairs 

Meeting rooms, auditoriums, or lecture halls with 4 to 25 fixed-permanent seats 

should have at least one location for a wheelchair. Two wheelchair spaces are 

required when the fixed permanent seating is between 26 and 50. In assembly areas 

with 51 to 300 permanent seats 4 wheelchair locations are required. Six wheelchair 

locations are required when the seating capacity is between 301 and 500. And one 

additional wheelchair location is required for each 100-seat increase beyond 500. 

In addition, 1 percent, but not less than one, of all fixed seats must be aisle seats 

with removable or folding armrests on the aisle side. The accessible locations should 

be identified, and positions should be posted at the ticket office. Readily removable 

seats may be installed in wheelchair locations when the locations are not required 

to accommodate wheelchairs. 

Locations for wheelchairs, either 30 by 48 inches or 42 by 48 inches, must 

be connected to an accessible route that can also serve as a means of egress in 

case of an emergency. Wheelchair locations should be placed so that people using 

wheelchairs can select their seating location and can choose from a range of 

ticket prices. The line of sight for people using wheelchairs must be comparable to the line of sight offered to the general public. Next to each wheelchair 

location there should be a fixed companion seat. A space, 48 by 66 inches, is 

required to accommodate wheelchairs parked side by side. An accessible route 

should connect the wheelchair seating area with the stage or other places used 

by performers. 

In assembly areas with fixed seating for 50 or more people and an audio amplification system, a permanent assistive listening system (ALS) should be installed. 

Other assembly areas can have an ALS or sufficient electrical outlets or wiring to 

support portable ALS. The number of receivers should equal at least 4 percent of 

24 ADAAG 4.1.3(10)–Drinking Fountains; 4.15–Drinking Fountains and Watercoolers. 
24 

the seating, but in no case should less than two receivers be available. If the listening system serves the individual fixed seating, the seats should be located within 50 

feet of the stage and provide an unobstructed view of the stage.

25 

D. Restrooms Must Accommodate Wheelchairs 

If restrooms are provided, then each public and common-use restroom must accommodate wheelchairs. Accessible restrooms must connect to an accessible route. Doorways 

should provide a clear opening of 32 inches when measured from the face of the door 

to the opposite stop. Doors should swing to at least a 90-degree angle into a clear space 

(but not a clear space required for a fixture), ensuring maneuvering room for wheelchairs, and requiring no more than 5 pounds of pressure to open. The hardware should 

enable easy operation of the door with one hand. Power or automatic doors should 

open and close slowly at a rate of no faster than three seconds. 

Within a restroom there should be a clear turning space, whose diameter is 60 

inches so a wheelchair can make a 180-degree turn. If a person can enter a toilet stall 

from the latch side, the clearance for wheelchair maneuvering needs to be 42 inches; 

the required maneuvering space for other approaches is 48 inches. The depth of toilet 

stalls can vary from 56 inches, to 59 inches, to 60 inches and more. A 56-inch depth 

requires that the toilet be mounted on the back wall; a 59-inch depth allows the toilet 

to be mounted on the floor; and at 60 inches, the requirement that the stall partitions 

be 9 inches above the floor to provide for toe clearance is no longer necessary. 

Toilets, whether mounted on the back wall or the floor, should be positioned so 

their center is 18 inches from the closest side wall or reference wall. The top of the 

25 ADAAG 4.1.3(19) 4.33–Assembly Areas. 
25 

toilet seat should be 17 to 19 inches above the floor. Two grab bars, one mounted on 

the back wall, and the other on the reference wall, should be 33 to 36 inches above 

the floor. Along the back wall the grab bar should be 42 inches long and mounted so 

that it is no less than 6 inches from the reference wall. The grab bar on the reference 

wall should be 36 inches long and mounted so it is 12 inches from the back wall. The 

toilet paper dispenser is mounted on the reference wall. Its bottom is 19 inches from 

the floor, and the side facing the front of the stall is 36 inches from the back wall. Flush 

controls should be placed so that a person using a wheelchair can operate them easily 

with one hand from either a frontal or side approach. 

Around urinals there should be a clear floor space (30 by 48 inches) that adjoins 

or overlaps an accessible route and provides for a frontal approach. Flush controls 

mounted no more than 44 inches from the floor should be easy to operate and 

require no more than 5 pounds of pressure to activate. Sinks should be mounted 

so the tops are no more than 34 inches above the clear floor space (30 by 48 inches, 

making a maximum 19 inches under the lavatory) which provides for a frontal 

approach and adjoins or overlaps the accessible route. The knee space, from the floor 

to the under side of the basin, should be 27 inches. There should be a depth of 19 

inches from the front of the lavatory to the back wall; this depth is reduced to 17 

inches at the joint of the drain pipe and basin. There should be at least 8 inches 

from the front of the lavatory to the joint with the drain to allow for knee space. 

The drain should extend no lower than 9 inches above the floor. Hot water and 

drain pipes should be insulated. The bottom edge of the mirrors should be no lower 

than 40 inches above the floor.

26 

26 ADAAG 4.1.3(11)–Toilet Facilities; 4.16–Water Closets; 4.17–Toilet Stalls; 4.18–Urinals; 4.19– Lavatories and 

Mirrors; and 4.22–Toilet Rooms. 
26 

V. Access and Accommodations in an 

Academic Institution: Hofstra University 

An example of an institution that committed itself to making its facilities accessible is Hofstra University. The initial impetus for this commitment dates back as far 

as 1948, when the university hired a person with a disability to be an instructor in 

the Psychology Department. During the ensuing years, Hofstra increasingly opened 

its facilities to the higher education of people with disabilities. In the early 1960s, 

it established the Program for the Higher Education of the Disabled (PHED) and 

undertook a variety of initiatives to make the campus accessible. Some of these initiatives included recruitment, retention, and creating an atmosphere of tolerance and 

understanding. 

By 1981, Hofstra had spent several million dollars to make its campus accessible. The accommodations included 15 elevators; a mile of ramps; the redesign of 

more than 100 restrooms; curb cuts in the parking areas; changes in signage; the 

lowering of drinking fountains, telephones, and towel dispensers; and the installation of automated doors. One of Hofstra’s vice presidents has observed that the 

PHED effort was not only a humanitarian gesture, but it also enabled the university 

to widen the pool of qualified applicants.

27 

VI. Technical Assistance and Enforcement 

Technical assistance and workshops regarding architectural barrier removal and 

provisions for access to public accommodation are available from several sources. 

Technical assistance prepared by the Department of Justice can be ordered or 

downloaded from the web site: www.ada.gov. The Architectural and Transportation Barrier Compliance Board (the Access Board) also offers technical assis27 Geri E. Solomon. “Hofstra University’s Commitment to Making Our Campus Barrier Free.” (New Brunswick, 

New Jersey: Mid-Atlantic Regional Archives Conference, Spring 2000 Conference, Session on Archives and 

Disabilities), May 19, 2000. 
27 

tance and workshops about barrier removal. Information about these programs 

is available at the Access Board web site: www.access-board.gov. Another source of 

information is the ADA Information Center for the Mid-Atlantic Region 

(www.adainfo.org) which services Pennsylvania, West Virginia, Virginia, Maryland, 

and Delaware. Inquiries from New York and New Jersey should be addressed 

to the Northeast Disability and Business Technical Assistance Center (NETAC) 

(www.nedbtac.org). For links to technical assistance centers in other regions of the 

United States, go to www.adata.org. 

The DOJ and the Access Board also enforce the requirements for barrier 

removal and receive complaints about non-compliance. The DOJ focuses on public 

accommodations in the private sector and in state and local government. The Access 

Board focuses on non-compliance issues in the public sector, i.e., Federal agencies 

or recipients of Federal funds.

28 

With regard to the private sector, the DOJ’s enforcement responsibilities do not 

preclude an individual from initiating civil action in court for relief. The court may 

permit the attorney general to intervene if he or she feels that case has general public importance. Without jeopardizing his or her right to take an issue to court, a person may file a complaint with the Department of Justice. The Department will 

attempt to resolve the dispute through mediation or an Alternative Dispute 

Resolution process. If a satisfactory agreement is not reached, the complainant or 

the DOJ can take the issue to court. 

Complaints are handled in a slightly different manner by the Access Board. 

Once the Board receives a complaint, it investigates to determine if there is an architectural barrier in violation of the Architectural Barriers Act of 1968. When the 

Board finds a violation, it notifies the responsible facility and requests the facility 

to develop a plan of action and a schedule for removing the barrier. In this endeavor 

the Board assists the facility and monitors the situation until the corrective action 

is confirmed as complete. The complainant is then notified and given a chance to 

28 DOJ enforcement procedures are described at 28 CFR 485 (July 1, 1994, edition). Enforcement procedures for 

the Access Board are on its web site. 
28 

review the Board’s decision to close the case. There are times when the Board does 

not have jurisdiction over a facility, but the facility voluntarily agrees to take the 

necessary corrective action to remove the barrier. Sometimes a complaint cannot 

be resolved; in these very rare cases, the Board initiates legal proceeding to get the 

required corrective action. 
02

PART TWO 

Archives as an Employer 

I. Reasonable Accommodations for Employment 

A. Reasonable Accommodations Facilitate Productivity 

A reasonable accommodation enables a qualified person with disability to perform the 

essential functions of a job. It is an adjustment to the application process, the job itself, 

the work environment, the work procedures, or work practices and policies that enable 

a person with a disability to enjoy the benefits and privileges of employment. 

Reasonable accommodations can include “making existing facilities used by employees readily accessible to and usable by individuals with disabilities; job restructuring; 

part-time or modified work schedules; reassignment to a vacant position; acquisition 

or modification of equipment or devices; appropriate adjustment or modifications of 

examinations, training materials or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.”29 

B. Reasonable Accommodations Address Employee Needs 

Other accommodations might include workstation modifications; adaptation 

of information technology; placement of visual warning signals; development of 

29 ADA, Title I–Employment, SEC 101, Definitions, (9) Reasonable Accommodations. 

29 
30 

emergency evacuation procedures; the installation of adaptive equipment on a computer, thus, enabling a blind employee to send and receive messages; and the conversion of all public address announcements so they can be read in electronic format by employees who are deaf. 

C. Affirmative Action Is Required in the Federal Sector 

Federal agencies and recipients of Federal funds or contracts must take affirmation 

action or positive initiatives to hire, retain, and promote people with disabilities; and 

to ensure that employees with disabilities enjoy the benefits and privileges of employment. Under the Federal affirmative action program, agencies must accommodate a 

person’s disability, but the person must otherwise be qualified and capable of doing 

the job for which he or she was hired or to which he or she was promoted. In this 

context affirmative action appears to mean the active recruitment of people with disabilities, ensuring that reasonable accommodations are in place, making sure the 

employee with disabilities is aware of training opportunities and is ready for advancement opportunities, and that employees with disabilities can enjoy the benefits and 

privileges of employment. The affirmative action mandate, however, does not obligate 

Federal sector employers to employ or retain people with disabilities who are not otherwise qualified or cannot do the job. Federal sector employers are not required to create a position for a person with a disability. Private companies and other enterprises 

that do not receive Federal contracts or other Federal monies are not required to have 

an affirmative action plan to hire, promote, and retain people with disabilities.

30 

D. New Freedoms Initiatives 

Upon taking office President George W. Bush announced his New Freedoms initiatives designed to increase the independence of Americans with disabilities. Among 

the initiatives was a proposal for greater use of assistive and universally designed 

technologies to enhance employment opportunities for people with disabilities. The 

goal is to ensure that individuals with disabilities have access to the best technolo30 Rehabilitation Act of 1973 (Public Law 93 - 112) Title V–Miscellaneous, SEC. 501. 
31 

gies currently available and to the improved technologies as they are developed in 

the future. More Federal investment in assistive technology is proposed, along with 

improved Federal collaboration and promotion of private-public partnerships for 

the purpose of increasing access to this technology for individuals with disabilities. There is recognition that assistive and universally designed technologies can be 

powerful tools for improving the quality of life and the ability to engage in productive work for millions of individuals with disabilities and provide opportunities even 

for those with the most severe disabilities.

31 

E. Essential Functions Are Peculiar and Vital to a Job 

Essential functions define the character of a job and how it is performed. Essential 

functions are those elements that are critical to the job and are necessary for the 

quality and integrity of a product. Essential functions may be identified by observing the work process, by reading the job description, or by considering both the 

production process and the job description.32 

F. Benefits and Privileges Are Entitlements Rooted in a Person’s Job 

Benefits and privileges of employment are those items that enhance the quality of 

life. They can include, but are not limited to, opportunities (including training available to all employees) for advancement; purchasing health and life insurance; entering employee retirement programs; participating in office parties; and using 

employee fitness facilities, break rooms, and cafeterias.

33 

G. Variation of Rules Regarding the Employment of People with Disabilities 

An archives, unless it has 15 or more employees each day for 20 weeks a year, is not 

required by the ADA to employ or provide reasonable accommodations for people with 

disabilities. However, small archives are not precluded from employing people with disabilities and should understand the concept and intent of providing reasonable accommodations. State archives and other archives that receive funding, grants, or contracts 

31 George W. Bush, “Fulfilling America’s Promise to Americans with Disabilities.” (Washington, DC: White House 

News), p. 1. www.whitehouse.gov/news/freedominitiative/freedominitiative.html. 

32 ADA, Title I (8) Essential Functions of a Job; and EEOC–Bk 17, p. 3. “How are Essential Functions Determined.” 

33 ADA, Title I, SEC 102–Discrimination, (a) General Rule; and EEOC–Bk 17, p. 12. 
32 

from the Federal Government must, under provisions of the Rehabilitation Act of 1973, 

provide reasonable accommodations in employment and have an affirmative action program for the hiring, retaining, and promoting of people with disabilities. Except for the 

affirmative action provision, the requirements for reasonable accommodations in the 

private and public sectors are essentially the same. 

II. Examples of Reasonable Accommodations 

A. Making Existing Facilities Accessible and Usable by People with Disabilities 

This includes restrooms, cafeterias, and break rooms. 

B. Changes in Working Conditions 

This can include modifications in times of arrival and departure, job restructuring, 

part-time or modified work schedules, and periodic breaks. 

C. Acquiring or Modifying Equipment 

This would include such items as keyboards, headsets for telephones, and TTY adaptors for telephones. 

D. Modifying Procedures for Evaluating Applicants or Current Employees 

The purpose is to ensure that the disability, unless it is being tested as a factor in the 

employment, is not a barrier in testing the skills or knowledge of the employee or 

applicant. The modifications can include changes in examinations or how they are 

administered, training materials, or policies; or providing qualified readers or signlanguage interpreters, and other similar aids. 

E. Enhancements to the Work Environment 

This includes making the workstation accessible by modifying it to fit the needs of 

an individual employee, adoption of information technology, placement of visual 
33 

warning signals, development of emergency evacuation procedures, and other 

enhancements that will accommodate the needs of a person with a disability. 

F. Modification of Workplace Policy 

For instance, suspending a rule against eating at one’s desk to accommodate insulindependent diabetes is a reasonable accommodation. 

G. Reassignment to a Vacant Position 

Job reassignment or transfer need only occur if all other attempts to accommodate an 

employee’s disability have failed. On the other hand, the reassignment or transfer may 

take place if it is voluntarily agreed to by the employee and employer. A reassignment 

or transfer need not occur if the result would be an undue hardship. Employers are under 

no obligation to create a job for the purpose of accommodating a disability; nor is an 

employer obligated to assign an employee to a position for which he or she is not qualified. In other words, the employee must be able to perform the essential functions of the 

job to which he or she is reassigned or transferred. The reassignment must be to an 

equivalent position and cannot constitute a promotion. If the reassignment is to a lower 

position, the employer is required to maintain the employee’s current salary, unless under 

similar circumstances employees who are not disabled do not retain their original salaries. 

An employer does not have to provide any training other than is normally provided to 

an employee who is reassigned.34 

H. Installation of Adaptive Equipment on a Computer 

This equipment will enable a blind employee to send and receive messages; or allow 

users who have trouble maneuvering a mouse to execute functions from the keyboard. 

I. Providing an Electronic Version of All Announcements 

When announcements are made over the public address system, they should also be available on computer terminals. This provision can be an accommodation for deaf employees. 

34 EEOC. “Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with 

Disabilities Act,” pp. 18–20. www.eeoc.gov/docs/accommodations.html; EEOC. “Policy Guidance on Executive Order 

13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation,” p. 11. 

www.eeoc.gov/press/10-20-00.html. 
34 

J. Leave for Medical Purposes Related to an Employee’s Disability 

Employers must allow the employee to exhaust his or her accrued paid leave and 

then grant unpaid leave for any additional days the employee may be away from 

work. An employer does not have to provide paid leave beyond that which is 

provided to similarly situated employees. An employer cannot apply a restrictive 

leave policy if an employee requests leave for reasons related to a disability. 

Under this circumstance, an employer must grant additional leave time unless it 

can show 

1.	 there is an alternative accommodation (that does not interfere with the 

employee’s ability to address his or her medical needs) that is just as effective 

and would enable the employee to perform the essential functions of his or 

her position; or 

2. 	that granting additional leave would result in an undue hardship. When leave 

is granted as a reasonable accommodation the employee is entitled to return 

to his or her job (unless the employer can show that holding the job open is 

an undue hardship) and should not be penalized for work not performed during the leave period. If the employer cannot hold the position open, it must 

consider whether there is a vacant, equivalent, position to which the employee 

on medical leave can be assigned.35 

K. Accommodations for Violations of Standards of Conduct 

An employee cannot be disciplined or discharged solely because of a disability; however, an employee’s disability does not “excuse violation of a uniformly 

applied standard-of-conduct rule that is job-related and consistent with business necessity.” Thus, even though a disability is the trigger for violating rules 

of conduct in the workplace, an employer may discipline a disabled employee 

who engages in workplace misconduct such as violence, threats of violence, 

stealing, or destruction of property if the same discipline is applied to other 

employees. An employer, however, unless he or she can show an undue hard35 EEOC. “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” pp. 13–14. 
35 

ship and except where the punishment for violation is termination, must provide a reasonable accommodation so the employee does not violate the conduct standard in the future.

36 

L. Work at Home 

An employer may agree to a work-at-home program if it is an effective reasonable 

accommodation. 

III. Reasonable Accommodations at the National Archives 

A qualified archivist with spastic motion in his arms and hands was assigned a project 

of developing a catalog of motion pictures relating to World War II. The project required 

evaluating and selecting entries for the catalog, viewing and describing the film, and 

preparing each entry for the catalog. These were the essential functions, which the 

archivist ably performed. The non-essential function, which was critical to the project 

but required assistance from the archivist’s colleagues, was retrieving reel-to-reel film 

from the stacks and placing it on the projector. The archivist was able to work with 

video cassettes; and when possible, and in keeping with the policy of the archives, the 

reel-to-reel picture was transferred to a cassette. The card catalog and much of the written material necessary to the project was accessible to the archivist. 

There is a lesson to be learned from this situation: accessibility and reasonable 

accommodations can be used in tandem to enhance the participation of people with 

disabilities so they become an integrated and accepted element of the workforce. 

This point is illustrated by other accommodations. For instance, to accommodate 

the pace at which he works, the archivist is responsible for managing his own time 

and completing a project in a timely manner. The development of word processing 

and other elements of information technology have, for this archivist, eased the burden of producing written products.

37 

36 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 22. 

37 From the experience of Frank H. Serene, National Archives and Records Administration, 1988 
36 

IV. Reasonable Accommodations for 

Applicants and the Hiring Process 

A. Access to Information 

Applicants with disabilities must have access to information about job openings. 

This means that job announcements must be posted in accessible locations and be 

available in alternative formats (Braille or audiotape). Interview and testing sites, 

whether at the workplace or at an off-site location, must be accessible; and qualified sign-language interpreters, readers, or recorders should be retained, if necessary, for testing and interviewing. The employer must ensure that these accommodations are available at convenient locations and as frequently given to the general 

population. The exams can be administered at an accessible facility or by providing an alternative comparable arrangement, such as providing the examination at a 

person’s home with a proctor. These accommodations are not required if they would 

fundamentally alter the measurement of the skills or knowledge that the examination is intended to test or results in an undue hardship. 

B. Neutralizing the Disability 

Tests, interviews, and other methods of evaluating a candidate’s skills and aptitude must 

neutralize, or make inconsequential, his or her disability, unless the intent is to measure the effect of the disability. Employers can inquire whether there is a need for an 

accommodation and may inquire whether the applicant can perform the essential jobrelated functions. But an employer cannot ask if the candidate has a disability, until a 

conditional offer of employment is made. If the disability has been voluntarily disclosed 

or is apparent, it can be discussed before the offer of employment is made.

38 

C. Accommodations for Testing and Evaluating 

There are a variety of accommodations for testing and evaluating the knowledge 

and skills of job candidates who have disabilities. A person with dexterity or cog38 ADA, Title I, SEC. 102(b)(7); EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue 

Hardship,” p. 10. 
37 

nitive disabilities may be granted additional time to take the exam. For blind or low 

vision candidates there can be provisions to supply taped exams, qualified readers, 

recorders, or large print answer sheets. Candidates who are deaf or have low hearing may require sign-language interpreters. 

D. Accommodation Needs Are Not Valid Reasons to Reject an Applicant 

An employer cannot reject an applicant because of the anticipated need for a reasonable accommodation. Factors, based on disability, that limit, segregate, or classify job 

applicants in ways that adversely affects opportunities or the status of the individual 

are prohibited under the ADA. This prohibition extends to contracts with employment agencies, labor unions, training and apprenticeship programs, insurance benefits, or functions (such as office picnics, for instance) that are benefits of employment.39 

V. Reasonable Accommodations for 

New Hires and Veteran Employees 

A. Accommodation Is Confidential Information 

An employer may not tell other employees that an individual is receiving reasonable accommodation.40 

B. Requesting a Reasonable Accommodation 

Requests for an accommodation do not have to be formal. A simple request, which 

can occur in casual conversation with one’s supervisor or employer, that an adjustment or change at work is necessary because of a medical condition is sufficient to 

start the process for the implementation of a reasonable accommodation. After the 

process is started the employer may require documentation, in the form of a written application or a physician’s evaluation, that an employee has a disability and is 

entitled to a reasonable accommodation. The employer, private sector or Federal 

39 ADA, Title I, SEC. 102(b)(5B) denial based on need to make reasonable accommodations 

40 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 24. 
38 

agency, may also develop formal procedures that require a written application for a 

reasonable accommodation and a description of the accommodation. The request 

for reasonable accommodation is usually made by the employee, but it can be made 

by a family member, friend, health professional, or other representative of the 

employee. In some, but rare, circumstances, the employer or supervisor may initiate discussions about the need for a reasonable accommodation. This discussion can 

take place, however, only if the employer or supervisor knows the employee has a 

disability, is experiencing workplace problems because of a disability, and the disability is preventing the person from asking for an accommodation.41 

Prior to providing the accommodation, the employer and employee may engage 

in informal discussions about the need for and type of accommodation. The employer 

may request documentation of an employee’s disability, unless the individual has already 

submitted sufficient documentation to support claims for reasonable accommodation, 

and both the disability and the need for a reasonable accommodation are apparent. If 

the employee cannot suggest an appropriate accommodation, the employer and the 

individual should work together to identify one. The employer is required to provide 

an accommodation that is effective (i.e., enables the employee to perform the essential 

function of a job) but is not required to provide the accommodation that is desired by 

the employee. The employee may decline the accommodation proposed by his of her 

employer. However, if, by rejecting the accommodation, the employee cannot perform 

the essential functions of a job, he or she may not be qualified for the position.42 

C. Questions about Accommodations Must Relate to the Application Process 

All applicants should receive information about the application process and have 

the opportunity to ask for a reasonable accommodation. An individual applicant 

should not be asked if he or she needs an accommodation, unless the person’s disability is apparent or unless the individual has voluntarily disclosed his or her disability. The application process may involve interviews, timed written tests, or a 

job demonstration. Applicants needing an accommodation (for instance an 

41 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” pp. 4–5, 23. 

42 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” pp. 4–9. 
39 

extended time period to take a test) should make his or her needs known to the 

employer and test administrator.

43 

D. Questions about Accommodations Must Relate to Job Performance 

All candidates who receive conditional offers of employment should be asked 

the same or similar questions about whether the prospective employee will need 

an accommodation to either get to the work site or to perform the essential 

functions of a job. An employer cannot decline to promote or hire a person 

with a disability because of the anticipated need for an accommodation. 

Questions about a person’s disability must relate to his or her ability to perform 

the essential functions of a job and are permissible when (1) they are consistent 

with business (or archival ) practices; (2) a disability is a factor in causing unsatisfactory job performance; and (3) a person requests a reasonable accommodation. The request for a reasonable accommodation must be based on a disability that restricts a person’s ability to work, perform manual tasks, see, hear, 

speak, or walk. 

E. Questions about Accommodations Must Relate to the Benefits and 

Privileges of Employment 

This means that an employee with a disability must have opportunity equal (unless 

the accommodation creates an undue hardship) with other employees for wages 

commensurate with the job; job security; health, life, and other insurance; career 

advancement, including access to training and testing; access to employee credit 

unions, break rooms, cafeterias, fitness rooms, lounges, transportation, parties to 

celebrate birthdays and retirements; other social functions; and other amenities 

associated with employment. Deaf and hard-of-hearing employees can be accommodated with electronic or written versions of announcements that may be made 

over a public address system. Flashing or strobe lights serve a similar function 

by alerting deaf or low hearing employees of impending dangers or the need to 

43 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 10 
40 

evacuate a building. On the other hand, employees with vision impairments are 

accommodated by the receipt of Braille or oral versions of information that is distributed in written form to other employees. Testing and training sites may have 

to be moved to accessible locations. At test sites some employees may require signlanguage interpreters, others may require readers, while others may require extra 

time to take a test. For some of those taking the test, the time element may have 

to be completely suspended. The requirement to accommodate disabilities extends 

to contractors and unions.

44 

F. Accommodations Are Required Only for Known Disabilities 

An employer is required to provide accommodations only for known disabilities; and 

the employer, unless the disability is apparent, may request documentation of the 

disability and related functional limitations. The employer can require no more medical information than is necessary to establish an ADA disability. This information 

can be provided by a health care professional chosen by the employee; only when 

the medical information is insufficient can the employee be required to see a health 

care professional of the employer’s choice.

45 

G. Access to Facilities Provided for Employees 

Besides providing reasonable accommodations that enable a person with a disability to perform the essential functions of a job, the employer must provide 

access to the building, work site, equipment, and to all facilities provided by the 

employer for employees. This includes vending areas, cafeterias, lounges, auditoriums, counseling services, and company-provided transportation, unless these 

accommodations would cause an undue hardship. Other non-work areas that 

must be accessible, even though they are not areas of public accommodation, 

include employee spaces used for purposes other than job-related tasks, such as 

break rooms, lounges, and locker rooms. Also, employees with disabilities can44 ADA, Title I, SEC. 102(a), 102(b)(2); EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue


Hardship,” pp. 11–12; and EEOC–Bk 17, p. 12.


45 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” pp. 6–8; EEOC–Bk 17, p. 11.

41 

not be excluded from fitness rooms provided for employees. Such facilities must 

be accessible and safe for employees with disabilities.

46 

H. Accommodations Are Implemented on Case-by-Case Basis 

Each request for a reasonable accommodation must be determined on its merit; in 

other words, the decision of whether or not a reasonable accommodation is appropriate is made on a case-by-case basis. In making this determination, the employer 

must consider whether the accommodation is needed; if needed, whether the accommodation would be effective; and if effective, whether providing the accommodation would impose an undue hardship. If the accommodation is not effective, then 

the employer must propose an alternative accommodation. If an alternative accommodation cannot be provided, then the employer must attempt to reassign the 

employee to a vacant position for which he or she is qualified, unless the reassignment would cause an undue hardship. If an effective reasonable accommodation cannot be provided or if the employee refuses the reasonable accommodation that is 

offered and, as a result, the employee cannot perform the essential functions of the 

job, the employee is not qualified.47 

I. As Employees Gain Tenure They May Need Additional Accommodations 

Providing reasonable accommodations is an organic and continuous process that 

must be adaptable as a person’s disability changes or the job functions are modified to meet new demands. Provisions of accommodations are made on an individual basis. Disabilities differ from person to person, and there are variations in 

job requirements. An employer may be asked to provide more than one accommodation. If an individual requests multiple reasonable accommodations, he or she 

is entitled only to those accommodations that are necessitated by a disability and 

will provide equal employment opportunity. Decisions of whether or not to grant 

or provide a reasonable accommodation should be made on a case-by-case basis. 

46 Americans with Disabilities Act (ADA); Accessibility Guidelines for Buildings and Facilities; Architectural Barriers 

Act (ABA); Accessibility Guidelines (Notice of Proposed Rule Making; Federal Register, November 16, 1999) 

Architectural and Transportation Barriers Compliance Board (Access Board) p. 7; EEOC–Bk 17, p. 12. 

47 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” pp. 9, 21. 
42 

Discussions about the need for an accommodation are usually initiated by the 

employee, a relative, or a friend of the employee. The request for an accommodation can come in casual conversation or a formal written request, but it must be 

linked to a disability. 48 

VI. Actions Not Required Under 

the Reasonable Accommodations Standards 

A. Create a Job 

An employer is not required to create a job for a person with a disability or to find 

a position for a candidate who has not met the job qualifications for which he or 

she is applying. 

B. Lower Standards 

An employer is not required to lower standards. He or she may agree, however, to 

lower production quality or quantity standards.

49 

C. Relocate or Eliminate Essential Functions 

An employer is not required but may choose as a reasonable accommodation to relocate or eliminate the essential functions of a job.

50 

D. Change Supervisors 

An employer is not required to change supervisors as a reasonable accommodation, 

although changes in supervisory practices may be required.51 

48 ADA, Title I, SEC. 102(b)(5)(B) prohibits denial based on the need for a reasonable accommodation; SEC. 103(a)


actions that are job related and consistent with business necessity are not prohibited; EEOC, “Enforcement


Guidance: Reasonable Accommodations and Undue Hardship,” pp. 5, 10, 23. 


49 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 3.


50 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 3.


51 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 21.

43 

E. Modify Work Hours 

An employer is not required to grant a request for modified work hours if it would 

significantly disrupt (i.e., impose an undue hardship) production. However, an 

employer can make suggestions for an alternative accommodation involving a different time or change the production schedule.

52 

F. Provide Personal Items 

An employer is not required to provide personal use items such as a prosthetic limb, 

wheelchair, eye glasses, hearing aids, or similar devices if they are also needed off 

the job. However, items that may be considered personal may be required as reasonable accommodations where they are specially designed or required to meet jobrelated rather than personal needs.

53 

VII. Exceptions to the General Standards 

for Reasonable Accommodations 

A. Test for or Screen out a Disability 

Under circumstances that are job related and consistent with business practices or 

necessity an employer may use tests or criteria that screen out people because of a 

disability. For instance, the ability to climb a ladder when placing boxes on high 

shelves is an essential function of a job. Note, if climbing a ladder is an essential 

function of the job, it better be in the posted job description.54 

B. Preference to Members of Religious Institutions 

Religious institutions, and other entities, may give preference in employment to 

members of their congregation to perform work connected with the activities of a 

particular church, corporation, association, educational establishment, or society.

55 

52 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” pp. 25–26.


53 EEOC, “Enforcement Guidance: Reasonable Accommodations and Undue Hardship,” p. 3.


54 ADA, Title I, SEC. 103(a).


55 ADA, Title I, SEC. 103(c).

44 

C. Monitor the Taking of Medication 

An employer is under no obligation to monitor an employee to ensure that he or 

she takes his or her medication. Even if the employee fails to take medication, to 

obtain medical treatment, or use an assistive device, an employer is still under obligation to provide reasonable accommodations. However, an employee who cannot 

perform the duties of a job because he or she does not take the medication is not 

qualified for the job. An employer, nevertheless, must provide reasonable accommodation to deal with the side effects of a disability or taking related medication.56 

VIII. Guidance, Technical Assistance, 

Recordkeeping, and Enforcement 

A. Guidance, Technical Assistance, and Recordkeeping 

The EEOC (www.eeoc.gov) provides guidance and technical assistance to Federal agencies and private sector employers. Federal agencies and private sector employers can 

obtain advice on the implementation of reasonable accommodations from the Job 

Accommodation Network (JAN; www.jan.wvu.edu). The Office of Personnel 

Management (OPM; www.opm.gov) provides directives on affirmative action, hiring, 

retaining, promoting, and reasonable accommodations in Federal agencies. For one year, 

an employer must maintain initial action records relating to hiring, requests for reasonable accommodation, promotion, training, transfer, layoff or termination, rates of 

pay or other terms of compensation, and selection for training or apprenticeship. If a 

charge of discrimination is filed or an action is brought by the EEOC, an employer must 

save all personnel records related to the charge until final disposition of the charge. 

B. Enforcement 

Laws and other rulings requiring reasonable accommodations that facilitate the 

employment of people with disabilities in the private sector and in Federal agencies 
45 

are enforced through a complaint process administered by the EEOC. State Fair 

Employment Practices Agencies may also be involved if the failure to provide reasonable accommodation violates state anti-discrimination policies. In the Federal sector, the Merit Systems Protection Board (MSPB) is contacted if a complaint contains 

an issue within the Board’s jurisdiction. If the complainant has access to the grievance 

process, he or she may choose to grieve the complaint; but in electing the grievance 

process, the complainant forecloses further involvement or action by the EEOC. Private 

law suits may eventually be filed, but a charge of job discrimination (as it is called 

when employers fail to put reasonable accommodations in place) must be filed initially 

with the EEOC. Complaints against Federal agencies must exhaust the administrative process before a civil action can be filed in Federal court. 

After conducting an investigation of a case from the private sector or a Federal 

agency, the EEOC may dismiss the case. Or, upon finding discrimination, it may 

impose one or more of the following remedies: 

1. 	 advising all employees of their rights, including their right to be free of retaliation when they report discrimination; 

2. 	action to correct the source of discrimination; 

3. 	placement in the position the person would have occupied if the discrimination had not occurred; 

4. 	compensatory damages; 

5. 	back pay (when applicable) and lost benefits; and 

6. 	stopping the specific discriminatory practices involved. 

Charges of employment discrimination in the private sector may be filed in person or by mail at the nearest EEOC office. A charge of job discrimination must be 

filed within 180 days of the alleged violation; if state or local anti-discrimination 

laws are involved, the time for filing a complaint is extended to 300 days. 

Employees of Federal agencies or applicants for jobs at Federal agencies initiate complaints of job discrimination by contacting the agency’s Equal Employment 
46 

Opportunity counselor. This initial contact must be made within 45 days of the 

alleged discriminatory action. 

In response to the initial contact, the counselor will arrange for either counseling or an Alternative Dispute Resolution (ADR), whichever is preferred by the 

complainant. At the counseling session the complainant receives information concerning his or her rights and obligations, including the right to participate in the 

grievance procedure. There is also an attempt to informally resolve the issue. Usually, 

the counseling is complete within 30 days. The ADR program should be complete 

within 90 days. If at the conclusion of counseling or ADR the complaint is not 

satisfactorily resolved or dismissed, a Notice of Final Interview is issued to the complainant. In the Notice, the complainant is informed that he or she has 15 days to 

file a formal complaint with the agency. 

The agency has 180 days to answer the complaint. The agency can dismiss all 

or some of the charges. At the end of this period the complainant can demand an 

immediate decision from the agency and has 30 days to ask for a hearing before 

an EEO administrative judge. 

The judge then issues a decision within 180 days and sends the decision to the 

complainant and the agency. If the agency does not respond within 40 days, the 

judge’s decision becomes the final action of the agency. However, the complainant 

may be notified by agency that it will not fully implement the judge’s decision. This 

final order also must advise the complainant of his or her right to appeal to the 

EEOC or to file a civil action in Federal court. The filing of a civil action terminates 

the EEOC appeals process. At the same time the agency must file an appeal with the 

EEOC. A complainant has 30 days to appeal an agency’s decision, and the agency 

has 40 days to appeal an administrative judge’s decision. 

If the complaint involves MSPB issues the complainant may appeal the agencies decision to the Board or ask the Board for a hearing. The complainant may 

petition the EEOC to review the Board’s decision regarding claims of job discrimination. 
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