Civil Rights & Diversity 

Issuance System CRD – 014 

Date: March 16, 2022 

Office: Office of Civil Rights and Diversity 

Subject: Voluntary Modification and Reasonable Accommodation for Disabilities Policy and 

Procedures 

The issuance of this Civil Rights and Diversity Publication (CRD P 014) has been authorized by 

CRD-014, “Voluntary Modification and Reasonable Accommodation Policy.” 

This CRD P 014 provides further directions to all bureaus, offices, and organizations in the 

Department of the Treasury (Department) for compliance with CRD 014. Contact the Office of 

the Assistant Secretary for Management and Office of Civil Rights and Diversity for questions 

and guidance. 

1. DEFINITIONS. 

a. Deciding Official. An individual who has authority to determine whether a requested 

accommodation will be provided. 

b. Department. The Department of the Treasury, including all its bureaus and offices. 

c. Disability. Under the Rehabilitation Act of 1973 and ADA “disability” is defined as a 

physical or mental impairment that substantially limits one or more of the major life 

activities of an individual, a record of such an impairment, or being regarded as having 

such an impairment. 

d. Dispute Resolution Process. Any voluntary mechanism through which an individual can 

request reconsideration of a reasonable accommodation decision, regardless of whether 

the individual has started the EEO complaint process or union grievance process. 
e. Essential Function. Those job duties that are so fundamental to the position the 

individual holds or desires that they cannot do the job without performing them. A 

function can be "essential" if, among other things, the position exists specifically to 

perform that function; there are a limited number of other employees who could perform 

the function; the function is specialized, and the individual is hired based on their ability 

to perform it; or the position requires an employee to be physically located in a particular 

place. Determination of the essential functions of a position must be done on a case-bycase basis so that it reflects the job as actually performed, and not simply the components 

of a generic position description. 

f. Extenuating Circumstances. Factors that could not reasonably have been anticipated or 

avoided in advance of the request for accommodation or situations in which unforeseen 

or unavoidable events prevent prompt processing and delivery of an accommodation 

(e.g., identified software is not compatible with existing equipment). 

g. Genetic Information. As defined by the Genetic Information Nondiscrimination Act 

(GINA) of 2008, includes information concerning the manifestation of disease/disorder in 

family members (“family medical history”), information about an individual’s or family 

member’s genetic tests, the fact that an individual or an individual’s family member 

sought or received genetic services, and genetic information of a fetus carried by an 

individual or an individual’s family member or an embryo lawfully held by an individual 

or family member receiving assistive reproductive services. 

h. Individual with a Disability. An individual with a disability is defined as one who has: 

(1) a physical or mental impairment that substantially limits one or more of major life 

activities; or (2) a record of such an impairment; or (3) who is regarded as having an 

impairment, which means that the individual has been subjected to an action prohibited 

by the Americans with Disabilities Act as amended because of an actual or perceived 

impairment that is not both “transitory and minor.” 

i. Interactive Process. The process by which the individual requesting an accommodation 

and the Deciding Official or their designee to discuss the request for accommodation, 

determine whether an accommodation will be provided, and examine potential alternative 

accommodations. 

j. Major Life Activities. Basic activities that the average person in the general population 

can perform with little or no difficulty, e.g., caring for oneself, performing manual tasks, 

walking, seeing, standing, hearing, speaking, breathing, reading, eating, sleeping, 

communicating, bending, lifting, concentrating, learning, working, and the operation of 

major bodily functions. 

k. Qualified Individual. An individual who satisfies the requisite skill, experience, 

education, and other job-related requirements of the employment position such individual 

holds or seeks, and who, with or without reasonable accommodation, can perform the 

essential functions of such position. 

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l. Reasonable Accommodation (RA). A modification or adjustment that enables an 

otherwise qualified individual with a substantially limiting impairment or a record of 

such an impairment to apply for a job, perform job duties, or enjoy benefits and 

privileges of employment. There are three categories of reasonable accommodations: 

1) accommodations that are required to ensure equal opportunity in the application 

process to permit an individual with a disability to be considered for a job (such as 

providing application forms in alternative formats like large print or Braille); 

2) accommodations that enable employees with disabilities to perform the essential 

functions of the position held or desired (such as providing sign language 

interpreters); and 

3) accommodations that enable employees with disabilities to enjoy equal benefits and 

privileges of employment as enjoyed by employees without disabilities (such as 

removing physical barriers in an organization's cafeteria). 

m. Reasonable Accommodation Coordinator (RAC). An individual who has the authority to 

obtain necessary medical documentation and provide any other assistance required for the 

Deciding Official to make an accommodation decision and monitor all reasonable 

accommoation requests through closure. 

n. Reassignment. Reasonable accommodation of last resort, that, absent undue hardship, is 

provided to employees (not applicants) who, because of a disability, can no longer 

perform the essential functions of their job, with or without reasonable accommodation. 

Reassignments are made only to funded vacant positions and for employees who are 

qualified to fill the vacant position. If the employee is qualified for the position, they will 

be reassigned to the job and will not have to compete. Informing an employee that they 

may apply for or otherwise compete for a position does not satisfy the obligation to 

reassign. 

o. Receiving Officials. Treasury personnel designated to officially receive a request for 

reasonable accommodation from an employee or applicant (or an individual acting on 

his/her behalf), determine who will handle the request (the Deciding Official), and 

monitor the request until it is closed. 

p. Request for Reasonable Accommodation. 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. A reasonable accommodation 

request may be submitted orally or in writing, by the employee or applicant or by 

someone associated with the employee or applicant. 

q. Requester. A qualified employee, an applicant with a disability, or an individual acting 

on his or her behalf, who requests reasonable accommodation. 

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r. Undue Hardship. An action requiring significant difficulty or expense when considered 

in-light-of factors such as the Department's size, financial resources, and the nature and 

structure of the position. Determination of undue hardship is always made on a case-bycase basis, considering factors such as the nature and cost of the reasonable 

accommodation needed and the impact of the reasonable accommodation on the 

operations of the Department. When evaluating the cost of an accommodation as a 

potential barrier to granting a reasonable accommodation, the Deciding Official must 

consider all resources available to the Department of the Treasury as a whole, excluding 

those funds designated by statute for a specific purpose that does not include reasonable 

accommodation. 

s. Voluntary Modification. An adjustment or alteration granted outside of the reasonable 

accommodation process without requiring the individual to establish that they have a 

disability. Such a modification is particularly appropriate where the modification is easy 

and inexpensive, i.e., a request for an ergonomic computer mouse or a screen glare 

protector. Provision of a voluntary modification does not mean that the Department 

considers the individual to be an individual with a disability as defined herein or regarded 

as such. 

NOTE: Nothing in this policy prohibits providing accommodations beyond those required 

by the ADA or the Rehabilitation Act as amended by the ADAAA. 

2. VOLUNTARY MODIFICATIONS. 

Upon request for an accommodation, a manager, or any designated official with 

responsibility for identifying possible accommodations, may choose to grant a voluntary 

modification outside of the reasonable accommodation process. When applicable and 

when the requested accommodation is easy and/or inexpensive, this option allows 

managers/designated officials to grant a modification without first establishing that the 

individual has a disability. As the Department strives to be an employer of choice, 

managers or designated officials are encouraged to provide applicants and employees 

with a modification that will allow them to apply for a job, perform job duties, or enjoy 

the benefits and privileges of employment. 

Typically, a voluntary modification will not require supporting medical documentation. 

However, if medical documentation is necessary for a voluntary modification, the 

documentation requirement must be minimal and straightforward in nature. If the medical 

information provided necessitates interpretation, a medical opinion and/or a medical release, 

the request shall be considered and processed as a request for a reasonable accommodation. 

NOTE: If a voluntary modification is not granted or if it is not quick and easy with or without 

minimal medical documentation, the request must be treated as a reasonable accommodation 

request. 

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Making a voluntary modification does not, standing alone, mean, and may not be used to 

imply, that the Department has determined that the individual is an individual with a 

disability or that an accommodation is needed. 

Examples of voluntary modifications that can easily be provided outside of the reasonable 

accommodation process include: 

a. An applicant requests the vacancy announcement in large print. 

b. An employee asks for four breaks a day to test their blood sugar levels 

c. An employee requests an ergonomic keyboard. 

d. An employee requests a footrest to elevate their legs to decrease swelling in his/her legs 

and feet. 

3. REASONABLE ACCOMMODATION REQUEST. 

a. The Request. 

The reasonable accommodation process begins as soon as the request for 

accommodation is made either orally or in writing. (A sample request form is provided in 

Appendix A-1.) The request does not have to use any special words, such as "reasonable 

accommodation," "disability," or "Rehabilitation Act" nor does the requestor need to 

have an accommodation in mind before making the request. For example, an employee 

may mention ‘My back starts hurting whenever I am sitting at my desk.’ Although the 

employee has not directly requested an accommodation, this comment should be 

considered as a possible request for an accommodation. 

An individual with a disability may request a reasonable accommodation at any time, 

even if they have not previously disclosed the existence of a disability. Agency officials 

must begin processing the request as soon as the request is received, regardless of how 

the request was made. Each request requires a response that the requested 

accommodation is either granted or denied. 

The individual’s request must be considered when an employee makes a request to (a) 

his/her immediate supervisor; (b) a supervisor or manager in his/her immediate chain of 

command; (c) the EEO Office; or (d) any office designated to oversee the reasonable 

accommodation process. When an applicant makes a request, it will be considered if 

made to any agency employee with whom the applicant has contact in connection with 

the application process or any other individual designated by the bureau. 

A family member, friend, health care professional, or other representative may 

request a reasonable accommodation on behalf of an employee or applicant with a 

disability. The request shall be made to one of the persons listed in the paragraph above. 

If possible, the individual with a disability should be contacted to confirm they in fact 

want a reasonable accommodation. The individual with a disability may decline to make 

a request or refuse to accept an accommodation. 

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b. Written Requests for Record-Keeping Purposes. 

As noted in 3(a), requests may be written or oral. While a written request is preferable, it 

is not required. To ensure accurate records, the receiving official should confirm in 

writing the receipt of a request for reasonable accommodation, documenting when the 

request was received, and the nature of the accommodation requested. (A sample is 

provided at Appendix B-1.) 

A written confirmation request form is not required when an individual needs a 

reasonable accommodation on a recurring basis (e.g., the assistance of sign language 

interpreters or readers). The written confirmation form is required only for the first 

request although appropriate notice may be required each time a recurring 

accommodation is needed. 

c. The Interactive Process. 

Communication is a priority throughout the entire process. Bureau officials involved in 

the provision of reasonable accommodation should take a proactive approach in 

searching for and considering possible accommodations, including consulting appropriate 

resources for assistance. The employee or applicant requesting the accommodation 

should also participate, to the extent possible, in helping to identify an effective 

accommodation. Personnel involved in the interactive process should record their 

activities. Bureau officials involved must inform applicants and employees on how or 

who to contact to track the processing of their request(s) for reasonable accommodation. 

Ongoing communication is particularly important where the specific limitation, problem, 

or barrier is unclear, an effective accommodation is not obvious, or there are different 

possible reasonable accommodations. In cases where the disability, the need for 

accommodation, and type of accommodation that should be provided are clear, extensive 

discussions are not necessary. Even so, the Deciding Official or their designee and 

requester should talk to each other to make sure that there is a full exchange of relevant 

information. 

d. Determining Who Will Handle the Request. 

Bureaus must provide contact information for the individual or program office, e.g., 

Reasonable Accommodation Coordinator and the Human Resources Office which 

requesters may contact regarding the status of their request for RA and/or their final 

decision. 

1) Receiving Officials. Bureaus must: (a) designate a Receiving Official(s) to receive 

requests, (b) determine who will be responsible for handling requests (typically the 

Deciding Official), (c) forward requests to the Deciding Official, (d) if applicable, 

notify the bureau Equal Employment Opportunity (EEO) office, and (e) monitor 

requests through closure. Typically, the Receiving Official is the employee’s 

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immediate supervisor, another supervisor or manager in the employee’s immediate 

chain of command, the Equal Employment Opportunity (EEO) office, or another 

office designated to oversee the reasonable accommodation process. For an applicant, 

any agency employee with whom the applicant has contact during the application 

process, or any other individual designated by the bureau, may be the Receiving 

Official. 

2) Deciding Officials. Each bureau shall designate those officials delegated principal 

responsibility for identifying possible accommodations and determining whether an 

accommodation will be provided. The Deciding Official may be different depending 

on whether the request is initiated by an employee or an applicant, or type of 

accommodation being requested. For example, the Deciding Official could be as 

follows: 

a) the bureau Human Resources Specialist responsible for the recruitment and/or 

selection process if the request for accommodation is from an applicant; 

b) the bureau Disability Program Manager if the accommodation requested is for 

adaptive equipment, a reader or sign language interpreter, removal of an 

architectural barrier, accessible parking, or materials in alternative formats; 

c) the head of office or his/her designee where the accommodation requested 

involves personnel actions; or 

d) the immediate supervisor or the head of office if the accommodation requested is 

within the scope of their authority, such as granting an alternate work schedule, 

purchasing an ergonomic keyboard, or granting extended breaks. 

Bureaus shall ensure procedures are in place to provide back-up coverage to continue 

receiving, processing, and providing reasonable accommodations when the Receiving 

and Deciding Officials are unavailable. The time frames discussed in Section H may 

not be suspended or extended because of the unavailability of the Receiving or 

Deciding Official. 

3) Bureau EEO Office. The EEO Office or any office responsible for obtaining medical 

documentation shall be available to obtain necessary medical documentation and 

provide any other assistance required to make an accommodation decision. The EEO 

Office may share the employee’s functional limitation(s) with the Deciding Official 

in order for the Deciding Official to determine the nature and extent of the 

limitations, as well as potential accommodation for those limitations. See Section F 

for more guidance about medical information. 

4) Bureau Disability Program Manager. The Disability Program Manager shall be 

available to provide assistance, as needed, to provide assistance to employees, human 

resources officials, and Deciding Officials in processing requests for reasonable 

accommodation. 

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e. Reassignment and Other Position Changes as an Accommodation. 

Reassignment is an accommodation of last resort. Reassignment will only be 

considered if a determination is made that no other reasonable accommodations are 

available to enable the individual to perform the essential functions of his or her current 

job, or if the only effective accommodation would cause undue hardship. Bureaus are not 

obligated to create a position for the purpose of reassignment. 

NOTE: The inability to work for a particular supervisor is not a disability. 

If the bureau determines that an employee cannot perform an essential function of his or 

her position with or without a reasonable accommodation, the appropriate bureau 

officials must review vacancies for which the employee is qualified to determine if there 

is another position at the same or lower grade the duties of which the employee can 

perform with or without an accommodation. 

NOTE: The duty to reassign is not satisfied by providing the employee permission to 

compete for such a position. 

Bureaus may establish the time periods during which they will review vacancies but must 

do so for a minimum of 30 business days before expanding the search to other bureaus. 

Since it may take a minimum of 30 business days to determine whether an appropriate 

vacant position exists, the Deciding Official or their designee and employee should 

discuss the employee’s options during that period, i.e., use of accrued leave, use of 

unpaid leave, or a temporary assignment to a light duty position. 

In considering whether there are positions available for reassignment, the bureau should 

identify: 

1) all funded vacant positions within the bureau for which the employee may be 

qualified, with or without reasonable accommodation; and 

2) all funded positions which the bureau's Human Resources Office has reason to 

believe will become vacant over the next 30 business days and for which the 

employee may be qualified. 

If applicable, a bureau may ask the employee to update his/her resume and identify what 

grade(s) and locations the employee will accept. The bureau will first focus on positions 

which are equivalent to the employee's current job in terms of grade, pay, and other 

relevant factors. If there is no vacant equivalent position, the bureau should complete the 

process listed below. If the employing bureau identifies a vacant position at a lower grade 

level, the Human Resources Office must keep that position vacant until the Department’s 

Disability Program Manager conducts a search in other Treasury bureaus for positions at 

the employee’s current grade level. 

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Bureaus are not required to consider positions at a higher grade or positions with 

known promotional potential greater than the employee’s current position. The 

employee is entitled to apply for such a position under any competitive process. 

Based upon EEOC’s guidance, a search must be conducted Treasury-wide; however, 

before a request is sent to the Department’s Disability Program Manager for assistance in 

a Treasury-wide search, the “employing” bureau HR Official must certify in writing (see 

sample at Appendix C-1): 

1) that a search for all funded vacant positions for which the employee is qualified, with 

or without a reasonable accommodation, was conducted for a period of 30 business 

days; 

2) that no equivalent or lower grade positions were identified or if a lower graded 

position was identified that position will be held until a Treasury-wide search is 

conducted for positions closer to the employee’s grade level; and 

3) that there are no equivalent vacant positions that HR has reason to believe will 

become vacant over the next 30 days for which the employee may be qualified. 

This information should be forwarded to the Department’s Disability Program Manager, 

who will coordinate a search for a position for an additional 30 business days. If there is 

no vacant equivalent position and the bureau is not holding a position at a lower grade 

level, the Department will consider vacant lower graded positions for which the 

individual is qualified. If the bureau is holding a position at a lower grade level, the 

Department will only search for positions at a higher grade level not to exceed the 

employee’s current grade level (e.g., if the employee is a GS-12 and the bureau is holding 

a GS-7 position, the Department will only search for positions at the GS-8 thru GS-12 

level). 

The Bureau’s Human Resources Office is responsible for reviewing the employee’s 

qualifications, determining the essential functions of a position, and making the final 

decision on whether an employee has the requisite qualifications for a position. 

NOTE: To assist the Agency in conducting a Department-wide search, the bureau should 

provide the employee an opportunity to submit an updated resume or a brief description 

of his/her current skills and accomplishments. The bureau must explain to the employee 

that his/her failure to provide such information could result in the agency’s inability to 

identify positions for which they may be qualified. The bureau HR Office, EEO Officer, 

and the Department’s Disability Program Manager should maintain a record of the 

search conducted. 

Reassignment may be made to a vacant position outside of the employee's commuting 

area if the employee is willing to relocate. As with other transfers not required by 

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management, the bureau is not required to pay for the employee's relocation costs unless 

bureau policy provides for such payments for non-disabled employees. 

Once a reassignment offer has been made, the employee has up to 14 business days to 

accept or decline the offer. 

If no vacant positions for which the employee is qualified are available, the bureau has 30 

business days from the date of the Department’s notification to issue the employee a final 

decision letter explaining why reassignment as a reasonable accommodation could not be 

provided. 

f. Requests for Medical Information. 

In some cases, the disability and need for accommodation will be obvious or otherwise 

already known to the Deciding Official. In these cases, further medical information will 

not be sought. However, when a disability and/or need for reasonable accommodation is 

not obvious or otherwise already known to the Deciding Official, the bureau may require 

that the individual provide reasonable medical documentation about the disability and 

his/her functional limitations. 

PLEASE NOTE: Any request for medical information must comply with the Genetic 

Information Nondiscrimination Act (GINA) of 2008, as well as the laws, regulations, and 

guidance referenced in the “Authority” section above, and other applicable 

confidentiality requirements. In addition, any information collected from the public, e.g. 

a medical provider or prospective employee, must be collected in accordance with the 

Paperwork Reduction Act of 1995 (Public Law 104-13) (44 USC Chapter 35). For 

additional information, see Treasury Directive 80-06, “Information Collection under the 

Paperwork Reduction Act (PRA).” 

If the Deciding Official believes medical information is necessary to evaluate a request 

for a reasonable accommodation, they should contact the bureau EEO Officer, or any 

office designated to obtain the necessary medical documentation to make an 

accommodation decision. If a determination is made to seek medical information, the 

requested information should be sufficient to establish that the individual has a disability. 

NOTE: The agency shall not be expected to adhere to the timelines stated herein, if an 

individual’s health care professional fails to provide the needed documentation in a 

timely manner. Documentation unrelated to the claimed disability should not be 

requested. Bureau requests for medical information will follow the requirements set forth 

in EEOC's Enforcement Guidance: “Disability-Related Inquiries and Medical 

Examinations of Employees Under the Americans with Disabilities Act,” available at 

http://www.eeoc.gov/policy/docs/guidance-inquiries.html. 

The EEO Officer or the designee will seek information or documentation about the 

disability and/or functional limitations from the individual, and/or ask the individual to 

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obtain such information from an appropriate health care professional, such as a doctor, 

social worker, or rehabilitation counselor. To get the most helpful information, all 

requests for information should describe the nature of the job, the essential functions the 

individual is expected to perform, and any other relevant information such as a position 

description. 

Once medical documentation is received, the bureau EEO Office and any other 

appropriate bureau official will evaluate the documentation. The bureau EEO Office may 

also choose to have the medical information reviewed by a medical expert of the 

Agency’s choosing at the Agency’s expense. If the information provided by the health 

care professional (or the information volunteered by the individual requesting the 

accommodation) is insufficient to enable the bureau to determine whether an 

accommodation is appropriate, the bureau may ask for further information. The EEO 

Officer or the designee should explain to the individual seeking the accommodation, in 

specific terms, why the information provided is insufficient, what additional information 

is needed, and the reason the information is necessary for a determination of the 

reasonable accommodation request. The individual may then ask the health care or other 

appropriate health care professional to provide the missing information. 

Agency officials generally should not contact a health care professional directly. Any 

contact with a health care professional should be discussed in advance with bureau legal 

counsel and the EEO Officer as appropriate. 

Alternatively, the individual requesting the accommodation may agree to sign a limited 

release, giving the EEO Officer or the designee permission to submit a list of specific 

questions to the individual's health care professional or contact the individual's doctor. 

In some cases, the individual requesting the accommodation will supply medical 

information directly to the Deciding Official without being asked. In these cases, the 

Deciding Official will adhere to this process and forward documents in a sealed envelope 

or as an encrypted or password protected email to the bureau EEO Officer or any office 

designated to receive medical information. 

If the individual requesting accommodation does not provide appropriate documentation 

or does not cooperate in the bureau's efforts to obtain such documentation the bureau may 

deny the requested accommodation. 

g. Confidentiality and Disclosure. 

All medical information, including information about functional limitations and 

reasonable accommodation needs, obtained in connection with a request for reasonable 

accommodation, must be kept confidential. The information shall be kept in files separate 

from the individual's official personnel file and shall be stored in a separate locked 

cabinet and/or another password-protected file. In addition, employees who obtain or 

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receive such information are strictly bound by these confidentiality requirements. The 

information may be disclosed only to the following individuals: 

Deciding Officials, supervisors and managers who need to know may be told about 

necessary restrictions on the work or duties of the employee and the necessary 

accommodation(s), but medical information should only be disclosed if absolutely 

necessary. 

First aid and safety personnel, when appropriate, if the disability might require 

emergency treatment or special arrangements in emergency situations such as building 

evacuations. 

Government officials when the information is necessary to investigate compliance with 

the Rehabilitation Act. 

In certain circumstances, to workers' compensation offices or insurance carriers. 

Treasury and bureau legal counsel in connection with providing legal advice to agency 

officials. 

Whenever medical information is disclosed, the individual disclosing the information 

must inform the recipients of the information about the confidentiality requirements that 

apply. 

h. Granting Reasonable Accommodations and Time Frames for Processing Requests. 

1) Granting a Reasonable Accommodation Request. As soon as the Deciding Official 

determines a reasonable accommodation will be provided, the decision should be 

communicated immediately to the individual by the Deciding Official. If the 

accommodation cannot be provided immediately, the Deciding Official must inform 

the individual of the projected time frame for providing the accommodation. A 

Deciding Official or supervisor may take temporary or permanent measures, such as 

providing assistive technology or altering the physical layout of an office, to facilitate 

the work of an employee. Taking such measures does not, standing alone, mean, and 

may not be used to imply, that the Department has determined that the individual is 

an individual with a disability or that any reasonable accommodation is needed. 

2) Time Frames for Processing Request. The time necessary to process a request will 

depend on the nature of the accommodation requested and whether it is necessary to 

obtain supporting documentation. As a general rule, requests for reasonable 

accommodation must be processed as expeditiously as possible. Failure to provide an 

accommodation promptly, without good cause, even when within the maximum 

amount of time generally permitted, can result in a violation of the Rehabilitation Act. 

At a minimum, requests shall be processed as follows: 

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a) Requests Not Involving Extenuating Circumstances. 

(1) If the request does not require obtaining supporting medical information, 

the request shall be processed and the accommodation, if granted, provided as 

soon as possible but not more than 20 business days from the date the request 

was initially made. 

Examples of accommodations that can easily be provided within the 20-day 

time frame include: 

(a) An employee with HIV infection must take medication on a strict 

schedule. The medication causes extreme nausea about one hour after 

ingestion, and they request two 20-minute breaks a day when the nausea 

occurs. 

(b) An employee who takes anti-depressants that make it hard for them to get 

up in time to get to the office at 9:00 a.m., requests they be allowed to start 

work at 10:00 a.m. and still work an 8-hour day. 

(c) A supervisor distributes detailed agendas at the beginning of each staff 

meeting. An employee with a learning disability asks that the agenda be 

distributed ahead of time because the disability makes reading difficult 

and they need more time to prepare. 

(2) If the request requires obtaining supporting medical information to 

determine whether the requesting individual has a disability and/or to identify 

the functional limitations, the following will apply: 

the EEO Officer or any office designated will request documentation as soon 

as possible after his/her receipt of the request for accommodation, and in all 

cases before the expiration of the 20-day period from date of receipt of the 

request for reasonable accommodation. The agency is not expected to adhere 

to its usual timelines if an individual’s health care professional fails to provide 

the needed documentation in a timely manner. The 20-day period timeframe is 

frozen until the EEO Officer or any office designated receives the medical 

documentation for review. 

NOTE: The timeframes are not tolled while the agency reviews the medical 

documentation for sufficiency. The Department recognizes the need for 

documentation may not become apparent until after the interactive process 

has begun. 

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b) Requests Involving Extenuating Circumstances. 

When extenuating circumstances are present, the time for processing a request for 

reasonable accommodation and providing the accommodation will be extended as 

deemed necessary. However, such extensions should be rare. All bureau officials 

are expected to act as quickly as reasonably possible in processing requests and 

providing accommodations. The following are examples of extenuating 

circumstances: 

The purchase of equipment may take longer than 20 business days because of 

requirements under the Federal Acquisition Regulations. 

For example: the equipment is backordered; the vendor typically used by the 

bureau 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. 

The employee with a disability needs to try working with equipment on a trial 

basis to ensure it is effective before the bureau buys the equipment. 

New staff needs to be hired or contracted for, or an accommodation involves the 

removal of architectural barriers. 

Where extenuating circumstances are present, the Deciding Official must notify 

the individual, in writing, of the reason for the delay, and the approximate date on 

which a decision, or provision of the reasonable accommodation, is expected. Any 

further developments or changes should also be communicated promptly to the 

individual. 

If there is a delay in reaching a decision or in providing an accommodation that 

has been approved, the Deciding Official must decide whether temporary 

measures can be taken to assist the employee. This could include providing the 

requested accommodation on a temporary basis or providing a different 

accommodation on a temporary basis. In addition, the Deciding Official may 

authorize measures that are not reasonable accommodations within the meaning 

of the law (e.g., temporary removal of an essential function) if: 

(1) they do not unreasonably interfere with the operations of the Department 

and/or bureau; and 

(2) the employee is clearly informed that the relief/alternative is being provided 

only on a temporary basis. 

For example, there may be a delay in receiving adaptive equipment for an 

employee with a vision impairment. During the delay, the supervisor might 

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arrange for other employees to act as readers. This temporary measure may not be 

as effective as the adaptive equipment, but it will allow the employee to perform 

as much of the job as possible until the equipment arrives. 

If a delay is attributable to the need to obtain or evaluate medical documentation 

and the bureau has not yet determined the individual is entitled to an 

accommodation, the bureau may also provide an accommodation on a temporary 

basis. In such a case, the Deciding Official will notify the individual in writing 

that the accommodation is being provided on a temporary basis pending a 

decision on the accommodation request. 

Bureau Deciding Officials who approve such temporary measures are responsible 

for ensuring they do not take the place of a permanent accommodation and that all 

necessary steps to secure the permanent accommodation are being taken. 

i. Expedited Processing. 

In certain circumstances, a request for reasonable accommodation requires an expedited 

review and decision in a time frame that is shorter than the 20 business days discussed 

above. Examples include: 

An applicant applying for a job. Depending on the timeframe for receiving applications, 

conducting interviews, taking tests, and making hiring decisions, there may be a need to 

expedite a request for reasonable accommodation to ensure an applicant with a disability 

has an equal opportunity to apply for a job. Therefore, the bureau needs to move as 

quickly as possible to make a decision and, if appropriate, provide a reasonable 

accommodation. 

An employee attending a meeting scheduled to occur shortly. For example, an employee 

may need a sign language interpreter for a meeting scheduled to take place in 5 days. 

4. DENYING A REASONABLE ACCOMODATION REQUEST. 

When a Deciding Official decides to deny a request for reasonable accommodation, they 

must issue a written decision denying the accommodation to the requester. The written denial 

must explain the reason for the denial, be in plain English, be in an accessible format if 

requested, and be issued at the time the request is denied, but not later than 20 business days, 

absent extenuating circumstances. A copy must be shared with the Bureau EEO Officer. 

Where the Deciding Official decides to provide an alternate accommodation, the written 

decision should explain both the reasons why the specified accommodation was not provided 

and the reasons the Deciding Official believes the alternate accommodation will be effective. 

The written decision must include specific reasons for the denial of a reasonable 

accommodation. 

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Explanation(s) may include the following: 

Requestor does not meet the definition of an individual with a disability, as defined in §501 

of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA), as 

amended by the Americans with Disabilities Act Amendments Act (ADAAA) or the medical 

documentation is inadequate to establish the individual has a disability and/or needs a 

reasonable accommodation. 

The requested accommodation would not be effective. 

Providing the requested accommodation would result in undue hardship. Before reaching this 

determination, the Deciding Official must have explored whether other effective 

accommodations exist which would not impose undue hardship and therefore could be 

provided. 

A determination of undue hardship means the bureau finds that a specific accommodation 

would result in significant difficulty or expense or would fundamentally alter the nature of 

the Department's operations. When evaluating budgetary and administrative concerns to 

determine if undue hardship exists, the bureau will consider all resources available to the 

Department as a whole and follow the standards outlined in the regulations and in the 

"Enforcement Guidance: on Reasonable Accommodation and Undue Hardship Under the 

Americans with Disabilities Act; and EEOC Final Rule: Affirmative Action for Individuals 

with Disabilities in Federal Employment.” 

The requested accommodation would require the removal of an essential function. 

The requested accommodation would require the lowering of a performance or production 

standard. 

The written decision denying a request for reasonable accommodation must also inform the 

individual that they have the right to file an EEO complaint and may have rights to pursue 

Merit Systems Protection Board (MSPB) and/or union grievance procedures. The notice must 

also explain bureau procedures available for dispute resolution. 

5. DISPUTE RESOLUTION. 

If an individual wishes reconsideration, they should first ask the Deciding Official to 

reconsider the decision within 10 business days of receiving the written denial to provide 

reasonable accommodation. The individual may present additional information in support of 

their request. The Deciding Official will respond to the request for reconsideration within 5 

business days. Any request for reconsideration received after 10 business days of the denial 

will be treated as a new request for a reasonable accommodation. 

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If the Deciding Official does not reverse the decision, the individual may appeal the decision 

within 10 business days of receiving the Deciding Official’s denial of the request for 

reconsideration. The appeal shall be decided by the next level manager or any other senior 

official in the Deciding Official’s chain of command. A response to the appeal will be issued 

to the individual within 10 business days. 

Pursuing dispute resolution procedures, including seeking reconsideration from the Deciding 

Official and filing an appeal, does not suspend the time limits for initiating claims under 

any collective bargaining agreement or the EEO complaint process. 

6. INFORMATION TRACKING AND EVALUATION. 

Bureaus must track and maintain all requests for reasonable accommodations in the 

Treasury-wide Reasonable Accommodation System. 

Bureau reasonable accommodation procedures must inform applicants and employees how or 

who to contact to track the processing of their request(s) for reasonable accommodation. 

The bureau EEO Officer will annually evaluate the bureau’s reasonable accommodation 

program. An effective reasonable accommodation program is part of a model EEO program 

and results must be included in the bureau’s MD-715 report. The executive summary of the 

bureau’s MD-715 report should include a discussion of the following: 

a. accessibility of the reasonable accommodation policy to employees and applicants with 

or without a disability, e.g., posted on the Internet, Intranet, disseminated in employee 

handbooks, or available in alternative formats, such as Braille, 

b. bureaus must collect at a minimum: 

c. the specific reasonable accommodation requested, 

d. the job (occupational series, grade level, and agency component) sought by the applicant 

or held be the employee requiring the accommodation, 

e. whether the request was needed to apply for a job, perform the essential functions of a 

job, or enjoy the benefits and privileges of employment, 

f. whether the request was granted or denied, and if denied the basis for the denial 

g. the identity of the deciding official; and, 

h. the number of days to process the request. 

7. RELATIONSHIP OF PROCEDURES TO STATUTORY AND COLLECTIVE 

BARGAINING CLAIMS. 

Executive Order 13164 does not create, modify or limit the rights of applicants or employees 

under the Rehabilitation Act or any other law. The policy and requirements described in 

these procedures are in addition to statutory and collective bargaining protections for persons 

with disabilities and the remedies they provide for the denial of requests for reasonable 

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accommodation. The requirements governing statutory and collective bargaining claims, 

including time frames for filing such claims, remain unchanged. 

An individual who chooses to pursue other available remedies must comply with the 

following: 

a. EEO Complaint. Contact an EEO counselor within 45 days from the date of receipt of the 

Deciding Official’s written notice of denial. 

b. Collective Bargaining Claim. File a grievance in accordance with the provisions of the 

controlling Collective Bargaining Agreement; or 

c. MSPB Appeal. Initiate an appeal within 30 days of an appealable adverse action as 

defined in 5 CFR 1201.3. 

Attachments 

CRD-014 Voluntary Modification and Reasonable Accommodation Policy 

A1 – Sample Accommodation Request Form 

B1 – Sample Confirmation 

C1 – Sample Reassignment 

D1 – Sample Medical Inquiry 

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