UNITED STATES DEPARTMENT OF AGRICULTURE 

AGRICULTURAL MARKETING SERVICE 

 DIRECTIVE 4720.1 4/26/04

DISABILITY EMPLOYMENT PROGRAM

I. PURPOSE 

This Directive sets forth Agricultural Marketing Service (AMS) policy concerning the 

responsibilities of the Agency Disability Employment Program Manager, supervisors, 

and employees to effectuate the AMS Disability Employment Program. This Directive 

also outlines the means by which the Agency can meet its disability recruitment goals and 

the procedures for requesting reasonable accommodation. 

II. REPLACEMENT HIGHLIGHTS 

This Directive replaces AMS Directive 4720.1, Disability Employment Program, dated 

August 26, 1997. 

III. AUTHORITIES 

The authority for establishing a Disability Employment Program is based on Public Law 

93-112, as amended by Public Law 93-516; Public Law 93-508; Public Law 93-454; and 

USDA Departmental Regulation 4300-008 (Reasonable Accommodations).

IV. DEFINITIONS 

A. Disability, with respect to an individual, means: 

1. A physical or mental impairment that substantially limits one or more 

of the major life activities of such individual. 

2. A record of such impairment. An example of "a record of such 

impairment" includes a person who has a history of, or is considered as having, a mental 

or physical impairment that substantially limits one or more of their major life activities. 

A "history" of an impairment covers persons who have recovered from substantially 

limiting physical or mental impairments. Examples of persons who would fall under this 

part of the definition of the term "disability" include individuals who have histories of 

substantially limiting forms of heart disease or mental or emotional illness. 

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Distribution: AMS Originating Office: OA/CR 
AMS Directive 4720.1 

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3. Being regarded as having such impairment. An example of "being 

regarded as having such impairment" may include a person who has an impairment that 

does not substantially limit a major life activity, yet who is treated by the agency as if 

he/she has an impairment. For example, an employer's practice of excluding otherwise 

qualified job applicants purely on the basis of x-rays, with no consideration of their actual 

medical history or ability to perform the essential functions of the job. Thus, the 

definition of an individual with a disability precludes discrimination against persons who 

are treated as if they have a substantially limiting impairment, even if in fact they have no 

such current impairment. 

B. Essential functions are the fundamental duties of the job which the 

person with a disability holds or the fundamental duties of the job for which the person 

with a disability applies. 

C. Major life activities are functions which include, but are not limited to, caring 

for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, 

learning, thinking, sitting, standing, reaching, interacting with others, concentrating, 

lifting, sleeping, reproduction, running, and working. 

D. Mental impairment is any psychological or mental disorder which may 

include mental retardation, organic brain syndrome, emotional or mental illness or 

specific learning disability. 

E. Physical impairment is any physiological disorder or condition which may 

include ailments which affect one or more of the following body systems: neurological, 

musculoskeletal, sensory organs, respiratory, cardiovascular, reproductive, digestive, 

genital-urinary, hemic and lymphatic, and skin or endocrine. 

F. Qualified individual with a disability is a person with a disability who 

satisfies the skill, experience, education, and other job-related requirements of 

the job which the person holds or for which the person applies. In addition, the person 

can, with or without reasonable accommodation, perform the essential functions of the 

job. 

G. Reasonable accommodation is a change in the work environment or the 

 application process that would enable a qualified individual with a disability to 

 enjoy equal employment opportunities. There are three general categories of 

 reasonable accommodations: 

1. Changes to a job application process to ensure that applicants with 

disabilities will have an equal opportunity to participate in the application process and to 

be considered for jobs; 

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2. Changes which enable a person with a disability to perform the essential 

functions of the job or to gain access to the workplace; and 

3. Changes which allow persons with disabilities to have equal access to the 

benefits and privileges of employment. 

H. Substantially limits involves a person who is unable to perform a major life 

activity which an average person in the general population can perform. In addition, a 

situation may arise when a person is significantly restricted concerning the manner or 

duration in which one can perform a particular major life activity. 

I. USDA TARGET Center is the Department’s resource center that provides onsite workplace assessments, demonstrations of assistive technology, and ergonomic 

solutions to ensure appropriate implementation of reasonable accommodations for 

USDA’s workforce. 

J. Undue hardship involves a specific accommodation which may result in 

significant difficulty or expense. The determination of what constitutes an undue 

hardship is made on a case-by-case basis and pertains to the cost of the accommodation, 

the financial resources of USDA as a whole, and/or the impact of the accommodation on 

the operations of the particular office or facility involved. 

K. Targeted disabilities are disabilities that the Federal Government, as a 

matter of policy, has identified for special emphasis in affirmative action programs. They 

include: 1) deafness; 2) blindness; 3) missing extremities; 4) partial paralysis; 5)

complete paralysis; 6) convulsive disorders; 7) mental retardation; 8) mental illness; and 

9) distortion of limb and/or spine (see Attachment 1 to this Directive). 

L. Disabled veterans are people with disabilities who were separated under 

honorable conditions from active duty in the Armed Forces and who have established the 

present existence of a service-connected disability or who are receiving compensation, 

disability retirement benefits, or pension because of a public statute administered by the 

Veterans Administration or a military department. On an annual basis, the Civil Rights 

Program submits a Disabled Veterans Accomplishment Report to update the Department 

on the status of AMS’s recruitment of disabled veterans. 

V. RECRUITMENT POLICY 

It is the policy of the AMS to follow the recruitment goals set forth by the Department of 

Agriculture. To accomplish these established goals, AMS will, as appropriate: 1) engage 

in outreach and targeted recruitment activities; 2) take advantage of excepted appointing 

authorities; 3) create training and development plans for individuals with disabilities; and 

4) take disability into account in selection decisions where an individual with a disability 

is otherwise qualified with or without a reasonable accommodation. Recruiting tools 

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may include the Workforce Recruitment Program for college students with disabilities, 

State vocational rehabilitation agencies, and college disabled student services offices.

VI. HIRING AUTHORITIES FOR PEOPLE WITH DISABILITIES 

A. Schedule A, 5 CFR 213.3102(t), Hiring People with Mental Retardation. This 

authority is used to appoint persons with cognitive disabilities (mental retardation) who 

meet the eligibility requirements. Upon completion of 2 years of satisfactory 

performance, the employee may qualify for conversion to the competitive service. 

 

B. Schedule A, 5 CFR 213.3102(u), Hiring People with Severe Physical 

Disabilities. This authority is used to appoint persons with severe physical disabilities 

who: (1) under a temporary appointment have demonstrated their ability to perform

duties satisfactorily; or (2) have been certified by a counselor from a State vocational 

rehabilitation agency (SVRA) or the Department of Veterans Affairs Vocational 

Rehabilitation Office as likely to succeed in performance of duties. Upon completion of 

2 years of satisfactory service under this authority, the employee may qualify for 

conversion to the competitive service. 

C. Schedule A, 5 CFR 213.3102(ll), Hiring Readers Interpreters, and Other 

Personal Assistants. This authority permits appointments of readers, interpreters, and 

personal assistants for employees with severe disabilities when filled on a full-time, parttime, or intermittent basis. Upon completion of at least 1 year of satisfactory service 

under this authority, the employee may qualify for conversion to the competitive service. 

D. Schedule B, 5 CFR 213.3202(k), Hiring People Who Have Recovered from

Mental Illness. This authority permits appointments at Grades GS-15 and below when 

filled by persons who: (1) are placed at a severe disadvantage in obtaining employment

because of a psychiatric disability evidenced by hospitalization or outpatient treatment 

and have had a significant period of substantially disrupted employment because of the 

disability; and (2) are certified to a specific position by a State vocational rehabilitation 

counselor or a Department of Veterans Affairs counseling psychologist (or psychiatrist) 

who indicates that they meet the severe disadvantage criteria stated above, that they are 

capable of functioning in the position to which they will be appointed, and that any 

residual disability is not job related. Employment under this authority may not exceed 2 

years following each significant period of mental illness. 

VII. RESPONSIBILITIES 

A. The Agency Disability Employment Program Manager shall: 

1. Promote the recruitment, employment, advancement, and retention of 

people with disabilities, particularly those with targeted disabilities, including disabled

veterans (particularly those with a 30 percent or more compensable service-connected 

disability). 

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2. Ensure non-discrimination against people with disabilities and foster 

full participation in, and access to, all USDA programs, activities, and services. 

3. Provide technical support and assistance in providing reasonable 

accommodations for applicants and employees with disabilities. 

4. Analyze data to identify whether AMS is making progress in the hiring 

of individuals with disabilities. 

B. Supervisors shall:

1. Review proposed or vacant positions during initial recruitment, modifying 

or restructuring them when possible to allow the placement of person with a disability. 

The SF-52, Request for Personnel Action, to recruit for positions, shall be annotated to 

alert the servicing personnel office of the desire to target recruitment of applicants with 

disabilities. 

2. Give full and careful consideration to all applications referred under the 

Disability Employment Program and promptly notify the Agency Disability Employment 

Program Manager of the status of such applications. 

3. Make appropriate accommodations for employees. 

4. Provide for necessary retraining of employees with disabilities. 

 

5. Notify the Agency Safety Officer, Compliance and Analysis Program, 

when a person with a disability is hired at headquarters (for the purpose of facilitating

emergency evacuation). 

 6. If an employee or supervisor is in a field location and they require 

assistance in accommodating a person with a disability, they should contact the Agency 

Disability Employment Program Manager for assistance. 

C. Employees. Any employee who wishes to be considered for an 

accommodation may bring the request to the attention of his/her first line supervisor, 

Deputy Administrator/Staff Director, or the Agency Disability Employment Program 

Manager. This request may be oral or in writing.

D. Deputy Administrators and Staff Directors shall: 

1. Actively support the Agency Disability Employment Program. 

2. Appoint Civil Rights Coordinators who will also serve as their Program

Disability Coordinators. 

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3. Encourage headquarters, regional, and field supervisors to target specific 

positions to be filled with individuals with disabilities. 

4. Encourage regional and field offices to establish and maintain contact with 

local organizations responsible for referring applicants with disabilities for employment 

consideration. 

E. Civil Rights Coordinators shall: 

1. Serve as the focal point within their Programs/Staffs for the referral of 

applicants under the Disability Employment Program. 

2. Provide information to Program/Staff management concerning the 

operation of the Disability Employment Program. 

3. Continuously encourage managers and supervisors to hire persons with 

disabilities. 

4. Assist the Agency Disability Employment Program Manager in improving 

the Disability Employment Program by making recommendations and suggestions. 

VIII. REASONABLE ACCOMMODATION 

A. The need for accommodation is determined on a case-by-case basis, taking 

into consideration the applicant’s or employee’s specific disabling condition, the existing 

limitations to the performance of a particular job function, the essential duties of a 

particular job, the work environment, and whether the proposed accommodation would 

create an undue hardship on the agency. In all cases, the applicant or employee must be 

consulted before an accommodation is made. 

B. When requesting reasonable accommodation, employees, applicants, or family 

members should complete the Confirmation of Request for Reasonable Accommodation 

form. In addition, the deciding official, typically the supervisor, fills out a Reasonable

Accommodation Information Reporting Form. If the employee is requesting assistive 

technology through the USDA Computer Electronics Accommodations Program (CAP) 

partnership, then the employee and supervisor should complete the USDA CAP

Partnership Accommodation Request form. If the deciding official denies reasonable 

accommodation, then the deciding official should complete the Denial of Reasonable

Accommodation Request, and outline their specific reasons for denying the employee’s 

reasonable accommodation request. All forms referenced in this paragraph are contained 

in Attachment 2 of this Directive. 

 

C. If the employee’s request for reasonable accommodation is denied, he or she 

may ask the decision maker to reconsider the denial and provide additional supporting 

information. If the reconsideration decision does not reverse the denial, and the decision 

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maker is the employee’s supervisor, the employee may ask the next higher level 

reviewing official to review the request. If the decision maker is the office chief or 

director, the individual can ask the Agency Disability Employment Program Manager to 

review the request. 

 D. The Department’s reasonable accommodation guidelines can be found at the 

USDA Target Center's website, http://www.usda.gov/oo/target. Also, the Agency 

Disability Employment Program Manager can provide copies of the guidelines. 

IX. INQUIRIES 

Questions concerning the Agency's reasonable accommodation procedures should be 

directed to the AMS Civil Rights Program Staff and brought to the attention of the 

Agency Disability Employment Program Manager. 

/s/ 

A. J. Yates 

Administrator 

Attachments