*The U.S. Equal Employment Opportunity Commission*

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# Questions And Answers: Policy Guidance On Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation

## Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

list of specific changes to the ADA

This Policy Guidance explains the provisions of Executive Order 13164, which requiresfederal agencies to establish effective written procedures for processing requests forreasonable accommodation by employees and applicants with disabilities.  The Guidance alsoprovides background information on the requirements of the Rehabilitation Act of 1973, andsets forth instructions for implementing each of the procedural requirements of the ExecutiveOrder.

Who is covered by the Executive Order?

The Order applies to executive branch agencies and their employees and applicants for     employment.  It does not apply to employers or employees in the private sector.

What is reasonable accommodation?

Reasonable accommodation is a change in the work environment or in the application     process that would enable a person with a disability to enjoy equal employment     opportunities.  There are three general categories of reasonable accommodations: (1)     changes to a job application process to permit people with disabilities to be considered     for jobs; (2) changes to enable people with disabilities to perform the essential     functions of a job; and (3) changes to give people with disabilities equal access to the     benefits and privileges of employment. 

What are the legal requirements that govern an agency's obligation to provide reasonableaccommodation?

Agencies must provide reasonable accommodation to qualified employees or applicants     with disabilities unless the accommodation would create an undue hardship on the     operation of the agency.  A person with a disability is qualified for a job if s/he can     perform the essential functions of that job with or without the reasonable     accommodation.

For more guidance on the legal standards governing reasonable accommodation,     agencies should consult the EEOC's Enforcement Guidance on Reasonable     Accommodation and Undue Hardship Under the Americans with Disabilities Act, on     the web at www.eeoc.gov.

Why is reasonable accommodation important?

While many people with disabilities can apply for and perform jobs without the need     for reasonable accommodation, workplace barriers may keep others from entering the     work force and still others from performing jobs which they could do with some form     of accommodation.  These barriers may be physical obstacles (such as inaccessible     facilities or equipment), or they may be procedures or rules (such as rules concerning     when work is performed, when breaks are taken, or how job tasks are to be done).      Reasonable accommodation removes workplace barriers for people with disabilities.  It     also allows agencies to expand their pool of qualified workers.

Why are reasonable accommodation procedures important?

If a person with a disability needs a reasonable accommodation in order to do, or to     apply for, his or her job, it is essential that federal agencies handle the request in a     prompt, fair, and efficient manner.  Establishing procedures in advance will assure that     individuals with disabilities understand how to approach the system and know what to     expect.  Procedures will also help agency managers understand what is expected of     them.

Does the Policy Guidance explain general standards for reasonable accommodationprocedures?

Yes.  While each agency will design its own procedures, all procedures must meet the     following general standards:

- The procedures must be flexible.
- The procedures must be written in plain language.
- The procedures must be designed to expand employment opportunities for          people with disabilities.
- The procedures must enable an agency to meet its obligations under the          Rehabilitation Act.

How can a person with a disability start the reasonable accommodation process?

A person with a disability may start the process by making an oral or written request     for a reasonable accommodation.  Agencies must consider an individual's request if it     is made to any of the following: his/her supervisor; a supervisor or manager in his/her     immediate chain of command; the EEO office; any other office designated by the     agency; or, in connection with the application process, any agency employee with     whom the applicant has contact. An agency may not require people with disabilities to     use particular words in their requests; nor may it wait to begin processing a request     until a written form is submitted.

Which agency employees should be involved in considering an individual's request forreasonable accommodation?

Agency procedures should authorize first-line supervisors to consider and approve     requests for reasonable accommodation wherever possible.  Agencies may also     designate particular offices to oversee the reasonable accommodation process and/or to     provide assistance and information to all agency employees involved in the process.

Are there specific steps that all agencies must follow?

No.  Each agency should design procedures that work best for its work force.  All     agency procedures should, however, require that agency decision makers talk to the     individual requesting the accommodation where the person's specific disability or     limitation is unclear; where an effective accommodation is not obvious; or where the     parties are choosing between different possible reasonable accommodations.

What is the time period for processing requests?

Because the amount of time it takes to respond to a request for reasonable     accommodation will often depend on the nature of the accommodation, the Guidance     does not set specific time lines.  Time limits should, however, be as short as     reasonably possible.  Where an accommodation is needed immediately -- where, for     example, an applicant needs a modification to the application process in order to apply     for a job -- the agency's procedures should also provide for expedited processing of     the request

What if an agency can't meet its time frames?

Sometimes there may be factors that an agency could not have anticipated or avoided     that will delay the consideration or provision of a reasonable accommodation.  In such     circumstances, the agency must notify the individual of the reason for the delay and     consider whether there are temporary measures that could be taken to assist the person     with a disability until a decision on the requested accommodation can be made.

When may an agency ask for medical information in connection with a request forreasonable accommodation?

An agency is entitled to know that an individual has a covered disability that requires     a reasonable accommodation.  Therefore, the agency may ask for information about     the disability, the activities it limits, and the need for accommodation -- but only if     the disability and/or need for accommodation is not obvious, or if information     already submitted by the individual is insufficient for the agency to make these     determinations.  An agency may not otherwise ask for medical information based on     a person's request for a reasonable accommodation. 

Must an agency keep medical information confidential?

Yes.  The information may be disclosed to those involved in determining whether to     grant the reasonable accommodation.  Beyond those agency decision makers, however,     there are strict limitations on those to whom the information may be provided.

What if a request for reasonable accommodation is denied?

If an agency denies a request for reasonable accommodation, it must inform the     individual in writing of the denial and the specific reasons for it.  The agency should     also notify the individual that s/he has a right to file an EEO complaint and to engage     in any informal dispute resolution procedures the agency makes available for this     purpose.

What if the individual wants to challenge a denial of reasonable accommodation? 

The Executive Order encourages agencies to use voluntary, informal dispute resolution     processes to resolve disagreements resulting from the reasonable accommodation     process.  These informal processes must be in addition to -- and may not modify or     replace -- the EEO complaint process.  

Can the individual file an EEO complaint under the Rehabilitation Act?

The Executive Order does not create new rights for Executive branch employees or     applicants.  However, nothing in the Executive Order limits an individual's rights     under the Rehabilitation Act.  Where an individual believes that a denial of a     reasonable accommodation, or an aspect of the reasonable accommodation process, has     resulted in a violation of the Rehabilitation Act, therefore, s/he may file an EEO     complaint through the process set forth in EEOC regulations at 29 C.F.R. Part 1614.      The individual must initiate the EEO complaint process within 45 days of the date of     the challenged action, whether or not s/he is engaged in an informal dispute resolution     process at the same time.

Does the Executive Order impose reporting or recordkeeping requirements?

The Executive Order requires each agency to submit its procedures, and any     modifications it later makes to those procedures, to the EEOC.  The Order also     requires each agency to track information that will enable the agency to evaluate its     own performance in considering and granting requests for reasonable accommodation.      The Order does not, however, impose any specific recordkeeping requirements.

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*This page was last modified on October 19, 2000.*

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