FEDERAL TRADE COMMISSION

REASONABLE ACCOMMODATION PROCEDURES

Chapter 3: Section 300 – Employment of Persons with Disabilities 

(Updated September 2004)

Part IV - Reasonable Accommodation

Duties and Limitations

A. General. The Rehabilitation Act places an affirmative obligation on the FTC 

to provide reasonable accommodations to qualified individuals with disabilities 

unless the accommodation would create an undue hardship. The law also requires 

the FTC and employees to engage in interactive dialogue as described in Part IV, 

paragraph 3E(1-2) to alter, restructure, and change the way of performing jobs or 

agency activities:

(1) To accommodate known physical or mental limitations of qualified persons 

with disabilities;

(2) To accommodate qualified employees with disabilities so that they can 

perform essential job functions and enjoy the benefits and privileges of employment 

equal to those enjoyed by similarly situated employees without disabilities; and

(3) To remove barriers in the hiring process and ensure that applicants with 

disabilities have equal opportunity to compete for jobs.

Once an accommodation is properly requested, the responsibility for fashioning an 

effective accommodation is shared by the employee/applicant and the agency. (See

Part IV, paragraph 3E.). If the accommodation does not result in undue hardship, 

the FTC has no option but to provide an accommodation on a continuing basis until 

or unless doing so becomes an undue hardship. (See Part IV, paragraph 3E(3)). 

While the preference of the employee must be considered, the agency may select an 

accommodation as long as it is effective.

B. Consideration of Disability. Because the concept of reasonable accommodation centers on the needs of applicants and employees with disabilities, it is only 

within this context that a person’s disability may be considered. By contrast, consideration of a person’s disability that does not relate to elimination of workplace 

barriers affecting job performance or the enjoyment of equal employment opportunity is inappropriate.

C. Limitations on the Obligation to Accommodate. The obligation to 

accommodate employees or applicants is not without limits. The law does not 

require:
(1) Change or modifications that would cause an undue hardship. (See Part IV, 

paragraph 3E(3)).

(2) Accommodations for persons who are not qualified for the position in 

question. (See Part I, paragraph 7G).

(3) Elimination of legitimate selection criteria or essential job functions. (See

Part I, paragraphs 7G and 7H). 

(4) Lowering standards – whether qualitative or quantitative – that are applied 

uniformly to employees with and without disabilities. (See Part I, paragraphs 7G 

and 7H, and Part II, paragraph 2).

(5) Creating a new position as an accommodation, although the agency must 

consider reassignment to a vacant position that the individual is qualified to 

perform.

(6) Excusing a violation of uniformly applied conduct rules. (See Part II, 

paragraph 3).

(7) Monitoring medication, because doing so does not eliminate a barrier unique 

to the workplace.

1. Accommodations for Persons with Disabilities

A. Job Applicants. 

(1) General. The obligation to provide reasonable accommodations applies to all 

aspects of the hiring process, including the application and interview processes. It 

also extends beyond those who ultimately demonstrate they are qualified to perform 

the job at issue. Applicants with disabilities must be accommodated when the 

applicants meet the application deadline or make timely requests for assistance. 

Care should be given to the restrictions placed on making disability-related preemployment inquiries at the pre-offer and post-offer stages. (See Part III, 

paragraphs 2A and 2B). 

(2) Types of Accommodations. An effective accommodation will enable an 

applicant with a disability to have an equal opportunity to participate in the hiring 

process and compete for a job. Possible accommodations include modifying a job 

application process, such as providing application forms in large print, or a sign 

language interpreter for the interview process could be appropriate.

B. Employees.

(1) General. The duty to accommodate applies to all aspects of the employment 

process. Reasonable accommodations must be provided to qualified employees 

regardless of whether they work part-time or full-time, or are considered 

probationary. This obligation often requires consideration of different kinds of 

accommodation. If an accommodation is or becomes ineffective, supervisors must 

consider an alternative accommodation that would not pose an undue hardship. 

Note that only qualified persons with disabilities are entitled to reasonable 

accommodations. This means that even if an employee is unable to perform the 
essential job functions in his or her current position and no alternative accommodation exists, the employee would still be a qualified person with a disability, if, with 

or without accommodation, the employee could perform the essential function of 

any position (s)he could have held as a result of job restructuring or reassignment. 

In this situation, the FTC must attempt reassignment to a vacant position, unless to 

do so would cause an undue hardship. Only after a determination is made that 

reassignment to a vacant position is not possible or would result in undue hardship, 

does the Rehabilitation Act permit an agency to conclude that an employee is not a 

qualified person with a disability. 

(2) Types of Accommodations. Possible accommodations, both permanent and 

temporary, that allow the employee to perform the essential job functions with a 

reasonable expectation of success include:

(a) Approval of Leave (annual, sick, or leave without pay). 

(i) General. Allowing employees to use accrued paid and unpaid leave for 

reasons related or possibly related to a disability may be an appropriate accommodation. The FTC, however, does not need to provide leave if it can provide an 

effective accommodation that allows the person to keep working or show that 

granting leave would cause an undue hardship. (Part IV, paragraph 3E(3)).

(ii) Relationship Between the Rehabilitation Act, as amended and the Family 

Medical Leave Act (FMLA). The FMLA leave provisions are totally distinct from 

the reasonable accommodation obligations under the Rehabilitation Act, as 

amended. However, these laws overlap in several areas, including leave and 

modified schedules.1 (See Part I, paragraph 7, and Administrative Manual

Chapter 3-655, Family Medical Leave Program). The agency should determine an 

employee's rights under each statute separately, and then consider whether the two 

statutes overlap regarding the appropriate actions to take.

(iii) Rehabilitation Act. Under the Rehabilitation Act, an employee who needs 

leave related to his or her disability is entitled to such leave if there is no other 

effective accommodation and the leave will not cause undue hardship. The agency 

must allow the employee to use any accrued paid leave first, but if that is insufficient 

to cover the entire period, then the agency should grant unpaid leave. The agency 

must hold the employee’s position open while (s)he is on leave unless it can show that 

doing so causes undue hardship. Assuming that there is no undue hardship in 

holding it open, the agency must allow the employee to return to the same position 

when the employee is ready to return to work if the employee is still qualified (i.e., 

the employee can perform the essential functions of the position with or without 

reasonable accommodation). If holding an employee’s position open during a 

period of leave imposes an undue hardship, or an employee is no longer qualified to 

 

 

1

The FMLA’s legislative history explains that the FMLA is “not intended to modify or affect the Rehabilitation Act of 1973 as 

amended, the regulations concerning employment ....” It further explains that “ the purpose of the FMLA is to make leave 

available to eligible employees ... and not to limit already existing rights and protection.” (See the FMLA rule at 

§§ 825.702(b)-(e)).
return to his or her original position, then the agency must reassign the employee as 

described in Part IV, paragraphs 2B(2)(e) and 3E(2)(c).

 (iv) FMLA. Under the FMLA, an eligible employee is entitled to a maximum of 

12 weeks of leave per 12-month period. The FMLA guarantees the right of the 

employee to return to the same position or to an equivalent one. The agency must 

allow the employee to use any accrued paid leave first, but if that is insufficient to 

cover the entire period, then the agency should grant unpaid leave. The examples 

outlined below should assist in analyzing a request for leave related to or possibly 

related to a disability as a request for an accommodation separately under the 

Rehabilitation Act and the FMLA: 

• An employee with a disability under the Rehabilitation Act needs 13 weeks of 

leave for treatment related to the disability. The employee is eligible under the FMLA 

for 12 weeks of leave, the maximum available, so this period of leave constitutes 

both FMLA leave and a reasonable accommodation. Under the FMLA, the agency 

could deny the employee the 13th week of leave. But, because the employee is also 

covered under the Rehabilitation Act, the agency cannot deny the request for the 

13th week of leave unless it can show undue hardship. The agency may consider the 

impact on its operations caused by the initial 12-week absence, along with other 

undue hardship factors.

• An employee with a disability under the Rehabilitation Act has taken 10 weeks 

of FMLA leave and is preparing to return to work. The agency wants to put her in 

an equivalent position rather than her original one. This is permissible under the 

FMLA. However, the Rehabilitation Act requires that the agency return the 

employee to her original position. Unless the agency can show that this would cause 

an undue hardship, or that the employee is no longer qualified for her original 

position – with or without reasonable accommodation – the agency must reinstate 

the employee to her original position.

• An employee with a disability under the Rehabilitation Act has taken 12 weeks 

of FMLA leave. He notifies his supervisor that he is ready to return to work, but he 

no longer is able to perform the essential functions of his position or an equivalent 

position. Under the FMLA, the agency could terminate his employment, but under 

the Rehabilitation Act the agency must consider whether the employee could 

perform the essential functions with reasonable accommodation, such as additional 

leave, part-time schedule, job restructuring, or use of specialized equipment. If not, 

the Rehabilitation Act requires the agency to reassign the employee if there is a 

vacant position available for which he is qualified, with or without reasonable 

accommodation, and there is no undue hardship.

Under the FMLA, the agency must provide leave under whichever statutory 

provision provides the greater rights to employees. However, if the employee states 

that (s)he only wants to invoke rights under the FMLA, the FTC should not make 

additional inquiries related to Rehabilitation Act coverage. These principles also 

apply to modified and part-time schedules discussed below.
(b) Modified or Part-Time Work Schedule. Modified schedules requiring change 

in arrival or departure time, periodic breaks, reduced schedules, and part-time 

schedules are forms of accommodation. If a modified schedule is needed because of 

an employee’s disability and there is no other effective accommodation, a change in 

work schedule may be an effective accommodation unless it would impose an undue 

hardship. (See Part IV, paragraph 3E(3)). Any change in a schedule would apply 

only to the employee requesting accommodation. If the employee cannot perform 

the essential functions of his or her current job and an accommodation is not 

possible in the employee’s current position, the FTC must consider reassignment to 

an equivalent, existing vacant position that would allow the employee to work a 

modified or part-time schedule. Part IV, paragraph 2B(2)(e)) describes the agency’s 

duty to reassign and the limitations imposed on that duty. 

(c) Modified Workplace Policies. Changing policies, procedures, or rules, such as 

rules concerning when work is performed, when breaks are taken, or how essential 

or marginal functions are performed, absent undue hardship, may be an 

appropriate accommodation when such action is required. The change in policy, 

procedures, and/or schedules would apply only to the employee requesting 

accommodation. 

(d) Job Restructuring. Job restructuring, involving assigning nonessential job 

functions that the employee cannot perform to other employees, and/or changing 

when and/or how a function, essential or nonessential, is performed, may be an 

appropriate accommodation if an employee is unable to perform job functions 

based on disability-related limitations. Consideration must be given to reassigning 

the employee as outlined in Part IV, paragraph 3E(2)(c), if the employee cannot be 

reasonably accommodated in his or her current position.

(e) Reassignment to Vacant Positions.

(i) Coverage. All employees, except probationary employees who have never 

adequately performed their essential job functions with or without accommodation, 

are entitled to reassignment. When a probationary employee has exhibited 

adequate performance of essential job functions before the need for reassignment 

arises, the agency’s obligation to reassign increases proportionally with the length of 

time that the employee has demonstrated adequate performance. 

(ii) Definitions. Reassignment means placing an employee in a vacant, funded 

position that is not yet occupied and one that the employee is qualified to perform. 

A “vacant” position is one that is available when the employee asks for 

accommodation, or a position that is expected to become available within a 

reasonable amount of time.

(iii) The Duty To Reassign. Reassignment is an accommodation of last resort. The 

law requires reassignment only when an employee is unable to continue performing 

the essential functions of his or her current position, with or without reasonable 

accommodation, and no effective accommodation exists that would allow the 

employee to perform essential functions, or all other accommodations would impose 

an undue hardship. As a result, even after an employee is unable to perform the 

essential functions of his or her current position, the employee can still be a 
qualified individual with a disability if, with or without reasonable accommodation, 

(s)he could perform the essential functions of any position (s)he could have held as a 

result of job restructuring or reassignment. The following criteria apply to reassignment:

• The employee must be qualified – not necessarily the best qualified individual 

– for the vacant position to obtain a reassignment. This means the employee must 

meet the requisite skills, experience, education, and other job-related requirements 

of the vacant position, and must be able to perform the essential job functions, with 

or without accommodation. 

• If there is a vacant position and the employee qualifies for that position, the 

employee is entitled to be reassigned unless it imposes an undue hardship. A 

position is considered vacant even if the FTC has posted a notice or announcement 

seeking applicants for that position.

• If there is no vacancy at a comparable grade which the employee is qualified

for within his or her organization, then the search should turn to lower-grade 

positions.

• Reassignment should be to a position that is equivalent in pay and status. 

Absent a position at the same grade or status, reassignment to the highest grade 

below the employee’s current position is required. Further efforts to accommodate 

are not required if these efforts are unsuccessful.

(iv) Exception. If both the agency and the employee voluntarily agree that a 

transfer is preferable to remaining in the current position with some form of 

accommodation, the employee can be reassigned.

(v) Limitations on the Obligation To Reassign. The obligation to reassign does 

not require:

• Either creating a new position or bumping another employee from a position.

• Providing training to acquire new skills or assistance in acquiring necessary 

skills to become qualified for the position. However, a reassigned employee must be 

provided the same on-the-job instructions provided to a new employee. 

• Promoting an employee. (See also, Part IV, paragraph 3E(a-d)). However, 

an employee may be offered a position that (s)he qualifies for which has promotion 

potential to a higher grade than his or her current position.

(f) Making Existing Facilities, Material, and Services Accessible. The acquisition 

or modification of equipment may be an effective accommodation. These accommodations range from very simple solutions, such as elastic bands that will enable a 

person with cerebral palsy to hold a pencil, to the more complex solutions requiring 

assistive technology, such as voice-activated software.

(g) Other Accommodations. These accommodations include providing readers or 

interpreters and referrals to a rehabilitation program.

3. Accommodation Process
A. Purpose. The primary goal of the accommodation process is to respond to 

accommodation requests and to remove obstacles in the workplace that interfere 

with applicants’ and employees’ opportunity for equal employment in as short a 

time frame as reasonably possible. Toward this end, managers, supervisors, and 

employees at all levels involved in the process must make good faith efforts to 

participate in the accommodation process and help to ensure expeditious 

consideration of requests and delivery of effective accommodations.

B. Disability Management Program. To expedite processing of accommodation 

requests, the HRMO Assistant Director for Policy and Special Programs has been 

delegated primary responsibility for the Disability Management Program. The 

Assistant Director for Policy and Special Programs serves as the agency’s advisor 

on:

(1) Coordinating and implementing Disability Management Program initiatives 

in partnership with employees and management to ensure compliance with FTC 

policies and procedures relating to a reasonable accommodation process;

(2) Establishing mechanisms for monitoring the processing of accommodation 

requests;

(3) Hiring and accommodating persons with disabilities;

(4) Maintaining records related to the Disability Management Program;

(5) Evaluating the effectiveness of the Program, including policies and 

procedures, particularly those related to obtaining, evaluating, and maintaining 

medical information; and

(6) Seeking guidance and assistance, as needed, from the Office of the General 

Counsel and EEO on policy and procedures, the Administrative Services Office 

when a request requires acquisition or modification of equipment or making FTC 

facilities accessible, and the Information and Technology Management Office when 

a request requires assistive technology. (See Part I, paragraphs 5A-5D).

The Assistant Director for Policy and Special Programs will carry out these duties 

in consultation with the HRMO generalist assigned to the organization involved. 

C. Time Limits for Processing Requests. 

(1) General. Requests for reasonable accommodation must be processed and 

provided, where appropriate, in as short a time frame as reasonably possible. When 

a request for accommodation is related to participation in any aspect of the hiring 

process or a specific agency activity that is scheduled to occur within a short time 

period, such requests must be processed expeditiously. In such circumstances, 

HRMO and the hiring official or the supervisor must expedite processing the request 

as quickly as possible, that is, making a decision and, if appropriate, providing a 

reasonable accommodation in a time frame that is shorter than the time limits 

discussed below. For example, expedited processing is required when an applicant 

requests a sign language interpreter to participate in the interview process. 
(2) Time Limits. A request, whether oral or written and/or explicit or implicit, 

triggers the agency’s time limits for processing and providing or denying an 

accommodation. (See Part IV, paragraph 3E(2)(c)). Once a request is received, 

absent extenuating circumstances, the maximum time limits for processing requests 

for accommodation are: 

(a) For Applicant Requests.

(i) No more than fifteen (15) business days from the date of receiving the 

request for accommodation, if the request relates to an applicant’s participation in 

the hiring process and medical information is not required. (See Part V, paragraph 

2). 

(ii) No more than twenty (20) business days from the date of receiving the 

request, if the request relates to an applicant’s participation in the hiring process 

and medical information is required. 

(b) For Employee Requests.

(i) No more than fifteen (15) business days from the date of receiving the 

request for accommodation, when the request is very simple, does not require 

medical documentation, and does not involve extenuating circumstances.

(ii) No more than twenty (20) business days from the date of receiving the

request for accommodation, when the request requires medical documentation.

(iii) No more than thirty (30) business days from the date of receiving a request 

for accommodation that requires considering reassignment as a possible accommodation. (See Part IV, paragraph 3E(2)(c)(ii)).

(c) When the Assistance of the Assistant Director for Policy and Special Programs 

Is Required.

(i) As soon as possible, but before the relevant time period specified above in 

paragraphs 2(b)(i-iii) expires, a supervisor or hiring official receiving a request for 

accommodation should seek the assistance of the HRMO Assistant Director for 

Policy and Special Programs to determine whether:

∙ Medical information and/or an impartial second opinion is needed and 

should be obtained;

∙ Medical information provided is sufficient;

∙ A variance to the collective bargaining agreement is required; or

∙ Positions are available for reassignment.

Such time periods in paragraphs 2(b)(i-iii) will be suspended to allow the Assistant 

Director for Policy and Special Programs to obtain medical information or 

impartial second opinions as needed and to make an informed decision on the 

sufficiency of or need for medical information, the need for a variance to the 

collective bargaining agreement, or the availability of positions for reassignment. 
(See Part V, paragraphs 2-3). The Assistant Director for Policy and Special 

Programs will have no more than fifteen (15) business days from the date from the 

receipt of a request for assistance to make relevant determinations and provide 

appropriate assistance.

(ii) If the Assistant Director for Policy and Special Programs determines that 

medical information or a variance to the collective bargaining agreement is:

∙ Not needed, the time period specified above resumes as soon as the Assistant 

Director for Policy and Special Programs notifies the deciding official that (s)he can 

continue processing the request. 

∙ Needed, the supervisor will – within fifteen (15) business days from the date 

the supervisor receives the relevant information from the Assistant Director for 

Policy and Special Programs – grant or deny, and implement the accommodation, if 

granted.

(iii) If the Assistant Director for Policy and Special Programs determines that a 

position for reassignment is:

∙ Not available, the time period specified above resumes as soon as the 

Assistant Director for Policy and Special Programs notifies the deciding official that 

(s)he can continue processing the request.

∙ Available, the supervisor will – within fifteen (15) business days from the date 

the supervisor receives the relevant information from the Assistant Director for 

Policy and Special Programs – grant or deny, and implement the accommodation, if 

granted.

Unnecessary delay or a failure to process a request promptly may result in a 

violation of the Rehabilitation Act.

(d) For Requests Approved By the Assistant Director for Policy and Special 

Programs.

No more than twenty (20) business days from the date of the request was initially 

made. If medical documentation is necessary, the decision must be made within 

twenty (20) business days from the receipt of the documentation.

(3) Extenuating Circumstances. When extenuating circumstances are present, 

the time for processing a request for reasonable accommodation and providing the 

accommodation will be extended as long as reasonably necessary. Extenuating 

circumstances are factors that cannot reasonably be predicted or avoided in 

advance that could justify not processing an accommodation request within the 

established time limits. Such circumstances include: 
(a) An outstanding initial or follow-up request to an employee or the employee’s 

health care professional to provide needed medical information when the agency has 

made a proper request.

(b) The need for the Assistant Director for Policy and Special Programs to 

complete evaluation of medical information submitted as described in paragraph 3(a) above. 

(c) The purchase of equipment requiring more than fifteen (15) or twenty (20) 

business days under Federal and FTC acquisition regulations, policies and 

procedures. 

(d) The need to back-order equipment because the vendor that the agency 

typically uses for goods or services has unexpectedly gone out of business, or the 

vendor cannot promptly supply the needed goods or services and another vendor is 

not immediately available. 

(e) The need for a trial period for the employee to try working with equipment 

to ensure, before it is purchased, that it is effective.

The failure to meet the agency’s time frame solely because of a deciding official’s 

delay in processing a request is not an extenuating circumstance.

(4) Temporary Measures. If a delay occurs in processing or providing an 

accommodation, the deciding official must notify the employee of the specific 

reasons for the delay and the anticipated date for completion of the process. In 

addition, the deciding official should also investigate alternative measures to 

determine if temporary steps, such as providing a less effective accommodation to 

remove at least some of the barriers that the employee faces, or providing the 

requested accommodation on an interim basis, could be taken. The agency has no 

obligation to continue such interim temporary measures. Therefore, the deciding 

official should take steps to ensure that the employee is clearly informed that such 

accommodations are being provided only on a temporary, interim basis. 

If a delay results from the need to obtain or evaluate medical documentation and no 

determination on an employee’s entitlement to an accommodation has been made, 

the agency may also provide an accommodation on a temporary basis. In such a 

case, the deciding official will notify the employee in writing that the accommodation is being provided on a temporary basis pending a decision on the 

accommodation request.

D. Delegation of Authority To Approve or Deny Requests. The authority to 

approve or deny accommodation requests is vested as follows:

(1) The Assistant Director for Policy and Special Programs, in consultation with 

the Deputy Executive Director and the immediate supervisor of the requestor, is 

authorized to make final determinations on: 

(a) Requests from applicants for employment; and

(b) Special requests relating to:
(i) Adaptive equipment, including information technology and communications 

equipment, in consultation with the Information and Technology Management 

Office and the immediate supervisor, 

(ii) Removal of architectural barrier(s), by means of reconfigured work spaces 

or specially designed furniture, in consultation with the immediate supervisor, the 

Administrative Services Office, or the owner of the building as necessary, and the 

Financial Management Office,

(iii) Headquarters accessible parking for staff,

(iv) Requests for materials in alternative formats (e.g., Braille, large print) which 

cannot be handled by the immediate supervisor or Deputy Bureau or Office Director, and

(v) The assistance of sign language interpreters or readers.

In the absence of the Assistant Director for Policy and Special Programs, the Deputy 

Executive Director will make final determinations on the above identified requests.

(2) The employee’s immediate supervisor is responsible for making final 

determinations on:

(a) Requests that would enable the employee to perform essential job functions,

(b) Requests for reassignments, only after consulting with the Assistant Director 

for Policy and Special Programs and the Deputy Bureau or Office Director or his or 

her designee, and

(c) Requests to provide equal benefits and privileges of employment, including 

FTC-sponsored training, services (e.g., employee assistance program, cafeteria, and 

employee celebrations and outings).

The Deputy Bureau or Office Director will designate another supervisor to serve in 

the absence of the employee’s supervisor to receive, process, and make final 

determinations on the above identified requests for accommodation.

E. Steps in the Accommodation Process. 

(1) Triggering the Interactive Process– Request for Accommodation.

(a) Triggering Obligation To Engage in the Interactive Process and Provide 

Reasonable Accommodations. A request for accommodation triggers the agency’s 

obligation to:

(i) Engage in the interactive process unless the disability, its limitation, and an 

effective accommodation are clear; and

(ii) Provide, absent undue hardship, reasonable accommodations. (See Part I, 

paragraph 7K, and Part IV, paragraphs 1 and 3 E(2)). 

(b) Obligation When There Is No Request. As a general rule, a supervisor does 

not have to ask if an accommodation is needed when there is no request for an 
accommodation. However, the agency is obligated to initiate the interactive process, 

even without a request, when a supervisor:

(i) Knows that the employee has a disability,

(ii) Knows or has reason to know that the employee is experiencing workplace 

problems because of the disability, and

(iii) Knows or has reason to know that the disability prevents the employee from 

requesting a reasonable accommodation. (See Part III, paragraphs 2A(2)-2B(2)). In 

such situations, the agency satisfies its obligation to engage in the interactive process 

if the employee states that (s)he does not need a reasonable accommodation.

(c) Making a Proper Request.

(i) A request for reasonable accommodation is a statement that an individual 

needs an adjustment or change at work, in the application process, or in a benefit or 

privilege of employment for a reason related to a medical condition. The EEOC 

considers statements such as those outlined below as requests for accommodation: 

∙ An employee tells her supervisor, “I'm having trouble getting to work at my 

scheduled starting time because of medical treatments I'm undergoing.”

∙ An employee tells his supervisor, “I need six weeks off to get treatment for a 

back problem.”

∙ A new employee, who uses a wheelchair, informs the employer that her 

wheelchair cannot fit under the desk in her office. 

(ii) A request need not be in writing, nor contain particular words. It is also 

essential to understand that it is inappropriate to wait until a written request is 

received before processing an oral request. A proper request, however, must inform 

the agency of a need for a workplace adjustment or a change because of a medical 

condition. Note that a request for accommodation is the first step in the interactive 

process. (See Part IV, paragraph 3E(2)). In some instances, prior to addressing the 

merits of the accommodation request, the agency must first determine if the 

employee's medical condition meets the definition of disability, a prerequisite for the 

individual to be entitled to a reasonable accommodation. (See Part I, paragraph 7).

(iii) The request may come from an employee, applicant, family member, friend, 

health care or rehabilitation professional, or other representatives of the employee 

or applicant. When a request for accommodation is made by a third party, it is 

appropriate to, if possible, confirm with the applicant or employee with a disability 

that (s)he in fact wants a reasonable accommodation, before proceeding. When it is 

not possible to confirm the request, the agency will process the third party’s request 

and will consult directly with the individual needing the accommodation as soon as 

it is practicable.

(d) Presenting a Request. Depending on the circumstances, a request for 

accommodation may be presented to one of the following employees, who will refer 
the request to the Assistant Director for Policy and Special Programs for 

processing:

(i) Employees. An employee may present a request for accommodation to his or 

her supervisor; the Deputy Bureau or Office Director in the employee’s 

organization; the FTC official organizing an event, program, or activity that is open 

to all employees or the public; the Assistant Director for Policy and Special 

Programs; a union representative; or the Director of EEO and EEO counselors. 

(See Part IV, paragraph 3B).

(ii) Applicants. An applicant’s request for accommodation may be presented to 

any HRMO official with whom the applicant has contact during the application or 

hiring process, or any FTC official organizing an event, program, or activity that is 

open to job candidates.

These designated employees, except the Assistant Director for Policy and Special 

Programs, must, within no more than five (5) business days, forward accommodation requests to the Assistant Director for Policy and Special Programs. The 

Assistant Director for Policy and Special Programs will copy requests to the immediate supervisor and the Deputy Director of the employee’s organization. If the 

person receiving the request is also the immediate supervisor, (s)he should promptly 

notify the organization’s Deputy Bureau or Office Director and the Assistant 

Director for Policy and Special Programs that the request has been made.

(e) Confirming Request. An employee or applicant must confirm an oral request 

either by completing FTC Form 642, Confirmation of Request (see FormsFlow), or 

other equivalent writing and submitting it to the Assistant Director for Policy and 

Special Programs. A written confirmation is not required if an employee needs an 

accommodation previously approved on a repeated basis. In this situation, the 

employee may obtain the accommodation, absent undue hardship, after notifying 

the Assistant Director for Policy and Special Programs or the supervisor or another 

appropriate official in the employee’s organization of the need to continue the 

accommodation. (The assistance of sign language interpreters or readers for a blind 

person is an example of an accommodation likely to be needed on a repeated basis.)

(2) Responding to a Request – Interactive Discussions. 

(a) General. If either the specific disability, its limitations, or an effective 

accommodation is not obvious, or where the parties are choosing between different 

possible accommodations, both the employee and the immediate supervisor must 

engage in a flexible, interactive process to identify effective accommodation(s). (See

Part IV, paragraph 3E(1)). The focal point of this process is to identify the disability 

and its functional limitations, and to determine what is an effective accommodation. 

The interactive process is not required when the disability, its functional limitations, 

and an effective accommodation are apparent. If an employee fails to cooperate in 

identifying his or her disability or providing medical documentation, an 

accommodation might be denied. By contrast, the agency’s failure to make a good 
faith effort to provide a reasonable accommodation could result in liability. When 

no agreement is reached during the interactive process, the circumstances involving 

this process will be examined closely to determine whether the agency or the

employee failed to make a good faith effort in the accommodation process. 

(b) Accommodating Employees Who Can Perform Essential Functions in Their 

Current Positions. The interactive approach outlined below relates to accommodating an employee with a disability so that (s)he can perform the essential 

functions of his or her current position. However, the same approach should be 

used to identify accommodations for a disabled applicant to enable him or her to 

perform the essential functions of the position (s)he applied for. (See Part III, 

paragraph 2B). Supervisors should follow the steps outlined below when engaging 

in the interactive process: 

(i) Conduct an individualized assessment of the specific job to determine or 

confirm its purpose, essential functions, and requirements. 

(ii) Consult with the employee or applicant to identify his or her specific abilities 

and limitations as they relate to the essential job functions, identify barriers to job 

performance and potential accommodations, and assess how those limitations can be 

overcome with potential accommodation(s).

(iii) Seek guidance and assistance from the Assistant Director for Policy and 

Special Programs to: 

∙ Evaluate the need for medical documentation and obtain required medical 

information. (See Part V, paragraphs 1-3).

∙ Determine whether the employee’s medical condition meets the definition of 

“disability,” that is, a condition that substantially limits the ability to perform a 

major life activity. If so, then determine whether the employee is a qualified person 

with disability. In this context, it is essential to consider whether the employee can 

perform essential job functions with or without a reasonable accommodation. (See

Part I, paragraph 7A-G, and Part IV, paragraph 2B(1)). 

∙ Contact public and private resources, as needed, to help identify possible 

accommodations after assessing functional limitations and workplace barriers that 

impact on the employee’s ability to perform essential job functions. (See Appendix 

C).

∙ Give careful consideration to specific requests or recommendations of a 

health care professional and evaluate such requests or recommendations, as needed, 

with a physician of the agency’s choice.

∙ Evaluate the reasonableness of each suggested accommodation and assess its 

effectiveness in enabling the employee to perform essential job functions. (See the 

items listed in Part V, paragraph 2, and Part IV, paragraph 3C).

(iv) Identify potential accommodation(s) and consult with the employee, health 

care professionals, and accommodation specialists, as needed, to determine if the 

accommodation is feasible or whether other options are available.
(v) Consider the preference of the employee and verify the effectiveness of 

potential accommodation. Select, if appropriate, the accommodation that best 

serves the needs of the employee and the organization.

(c) Accommodating Employees Who Cannot Perform Essential Functions in Their 

Current Positions. When an employee cannot perform the essential functions of his 

or her current job because of a disability and no effective accommodation exists that 

would allow the employee to perform his or her current essential functions, or all 

other accommodations would impose an undue hardship, reassignment must be 

considered as an accommodation. (See Part IV, paragraphs 2B(2)(e)). It is 

important to remember that a reassignment is the accommodation of last resort. 

Supervisors should follow the steps outlined below in this aspect of the interactive 

process:

(i) Engage in interactive discussions with the employee to determine the 

employee’s qualifications for a particular job or skills that might not be reflected in 

FTC records, or the need for an accommodation to perform the essential functions 

of available vacant positions. As part of this process, the employee should assist in 

identifying appropriate vacancies to the extent that (s)he might have access to such 

information.

(ii) Consult with the Assistant Director for Policy and Special Programs to 

determine the scope of the search for vacancies and identify vacant positions within 

the immediate organization that are substantially equivalent to the employee’s 

current job in terms of pay, status, and other relevant factors based on the 

employee’s qualifications and functional limitations. Determine whether a 

comparable grade position is available elsewhere in the agency, where the employee 

may be willing to take such a position in order to retain his or her grade, before 

resorting to lower-grade positions. Such positions must include vacant positions 

that the employee:

∙ Could hold as a result of job restructuring or reassignment.

∙ May be qualified for, with or without accommodation, and that FTC officials 

have reason to believe will become vacant over the next 60 business days after 

making a determination that reassignment is an effective accommodation.

Positions outside the employee’s immediate organization must be identified, when a 

vacant position is not identified within the employee’s organization. If a person is 

qualified for a vacant position, the Assistant Director for Policy and Special 

Programs will confer with the supervisor and employee to determine, based on 

medical restrictions, whether the employee can perform the essential job functions, 

with or without reasonable accommodation.

(iii) Inform the employee of the results of the search, and depending on the 

particular situation, either offer an appropriate vacancy to the employee or advise 

the employee that no appropriate vacancies are available. Consult with the 
employee if there is more than one vacancy and place the employee in the position 

that is closest to the employee’s current job.

(d) When there is no vacant equivalent position for which the employee is 

qualified, reassignment to a lower graded vacant position will not affect the 

employee’s entitlement, if any, to disability retirement. 

(3) Assessing Undue Hardship.

(a) General. There is no duty to accommodate if the accommodation poses an 

undue hardship. A determination that a particular accommodation would impose 

an undue hardship must be based on a case-by-case analysis of current 

circumstances that shows that particular accommodation would cause significant 

difficulty or expense, would be unduly extensive, substantial, or disruptive, or would 

fundamentally alter the nature of FTC operations. (See EEOC’s Enforcement 

Guidance on Reasonable Accommodation and Undue Hardship Under the Americans 

with Disabilities Act). A claim of undue hardship based on employees’ or customers’ 

fears or prejudices toward the individual’s disability is impermissible. Nor can 

undue hardship be based on the fact that provision of a reasonable accommodation 

might have a negative impact on the morale of other employees. However, undue 

hardship may be shown where an accommodation would be unduly disruptive to 

other employees’ ability to work. The balance between an accommodation that is 

reasonable and one that would cause an undue hardship is usually dependent upon 

the resources available to the agency. 

(b) Criteria for Assessment. Factors used to make an assessment of undue 

hardship include: 

(i) The type of FTC operation, including the composition and structure of the 

work force;

(ii) The nature and net cost of the accommodation needed;

(iii) The impact of the accommodation on the ability of other employees to 

perform their duties; and

(iv) The impact on the FTC’s ability to conduct business.

(c) Continuance of Obligation. Determining that a particular accommodation 

would result in undue hardship does not end the agency’s obligation to provide 

accommodation. In this situation, it is necessary to determine whether other 

effective accommodations exist that could be provided and would not result in 

undue hardship.

(d) Relationship of Collective Bargaining Agreement and Undue Hardship. A 

conclusion that an accommodation would impose undue hardship based solely on a 

collective bargaining agreement is impermissible. Therefore, when no reasonable 

accommodation exists that would not violate a collective bargaining agreement, the 

agency and union representative must negotiate in good faith a variance to the 
agreement to accommodate the employee. The only exception to this requirement is 

if the proposed accommodation would unduly burden the expectations of members 

of the bargaining unit, that is, result in undue hardship. To make this 

determination, the FTC and union representative must consider relevant factors, 

including the duration and severity of any adverse effects caused by granting a 

variance and the number of employees whose employment opportunities would be 

affected by the variance.

(4) Decision on Requests.

(a) Approval of Accommodation. If little or no cost is involved in providing the 

accommodation and the FTC deciding official and employee or applicant agree on 

the accommodation, the FTC deciding official should approve the request. The FTC 

deciding official will notify the employee of the approval. Approvals of accommodation must be confirmed on FTC Form 643, Approval of Accommodation Request

(see FormsFlow), and forwarded with copies of related documents to the Assistant 

Director for Policy and Special Programs. (See Part IV, paragraph 3B). In 

addition, following granting of an accommodation, the Assistant Director for Policy 

and Special Programs, in consultation with the FTC deciding official and the 

employee, may in certain circumstances periodically review the status of the 

accommodation provided, assess its effectiveness, and make appropriate 

adjustments, if needed.

(b) Denial of Accommodation. When the FTC deciding official wishes to issue a 

denial of a request for accommodation, this decision, along with all supporting 

documents, must be reviewed by the Deputy Bureau or Office Director or his or her 

designee. All denials must be documented on the FTC Form 644, Denial of Request

(see FormsFlow). A copy of the Form 644 denying the request will be furnished to

the employee or applicant. An employee or applicant who believes that a denial of a 

request for accommodation is discriminatory and wishes to file an EEO complaint, 

a grievance under the negotiated grievance procedures, or Merit Systems Protection 

Board appeal must comply with the provisions outlined below in Part VI. 

(c) Accommodation Approved Different from the One Requested or Conflicts with 

Recommendation of a Health Care Professional. Before issuing a decision under 

either of these circumstances, the FTC deciding official must provide specific 

explanations to the Assistant Director for Policy and Special Programs for both 

denying the requested accommodation and believing that the accommodation 

granted will be effective. The accommodation provided must be medically 

responsive and enable an applicant to have equal opportunities to participate in the 

recruitment process and compete for a job or enable an employee to perform 

essential job duties and enjoy the benefits and privileges of employment.

(5) Reconsideration of Decision.

(a) All denials of accommodation may be reconsidered. If an employee wishes to 

pursue reconsideration, the employee or applicant should first ask the deciding 
official to reconsider the decision. The employee may present additional 

information in support of his or her request. 

(b) The deciding official in all phases of reconsideration will respond to the 

request for reconsideration within ten (10) business days. If the deciding official is:

(i) The employee’s supervisor. If the decision is not reversed, the employee may 

ask the Associate Director/Assistant Director in the employee’s organization or the 

Associate Director/Assistant Director’s designee to reconsider the decision.

(ii) The Associate Director/Assistant Director or his or her designee. If the 

decision is not reversed, the employee may ask the Bureau Director or his or her 

designee to reconsider the decision.

(iii) The Assistant Director for Policy and Special Programs. If the decision is not 

reversed, the employee or applicant may ask the Deputy Executive Director or his 

or her designee to reconsider the decision.

(c) Seeking reconsideration from the deciding official and appealing to the next 

level in the reconsideration process does not affect the time limits for initiating 

statutory and collective bargaining claims. The reconsideration process is in 

addition to statutory and collective bargaining protections for persons with disabilities and the remedies provided for the denial of requests for reasonable 

accommodation. Employees and applicants must comply with the requirements 

governing the initiation of statutory and collective bargaining claims, including time 

frames for filing such claims.

(d) An employee or applicant who wishes to file an EEO complaint, union 

grievance procedures, or pursue Merit Systems Protection Board appeal must 

comply with the provisions outlined below in Part VI.