Civil Rights & Diversity

Issuance System

 

CRD – 014

Date: March 16, 2022

Office: Office of Civil Rights and Diversity

 

Subject: Voluntary Modification and Reasonable Accommodation Policy and Procedures

1. PURPOSE. This issuance establishes the Department of the Treasury’s policy and 

procedures for processing requests for reasonable accommodation (RA) and, where 

appropriate, for providing voluntary job modification or RA to employees and applicants 

with disabilities.

The policies and procedures under this issuance and associated publication supplement, but 

do not replace, the Equal Employment Opportunity Commission’s (EEOC) Enforcement 

Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with 

Disabilities Act (October 17, 2002), EEOC’s Policy Guidance on Executive Order 13164, 

Establishing Procedures for Providing Reasonable Accommodation for Individuals with 

Disabilities, and 29 CFR 1614.203, Rehabilitation Act. All documents are available on 

EEOC’s internet site at www.eeoc.gov.

2. SCOPE. This issuance applies to all bureaus, offices, and organizations in the Department, 

including the Offices of Inspector General. The provisions of this issuance shall not be 

construed to interfere with or impede the authorities or independence of the Offices of

Inspector General. 

3. POLICY. It is the policy of the Department of the Treasury to provide RA to employees and 

applicants for employment in order to assure that individuals with disabilities enjoy full 

access to equal employment opportunity (EEO). The Department shall provide reasonable 

accommodations for the known physical or mental limitations of otherwise qualified 

employees and applicants with disabilities, unless the Department can demonstrate that a 

particular accommodation would impose an undue hardship on the operation of its programs. 

The Department continues to strive to be an employer of choice that values its employees and 
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applicants. To ensure the Department maintains an effective and efficient workforce, 

managers are encouraged to provide voluntary modifications, outside of the RA process, 

when the request is easy and inexpensive to do so.

4. RESPONSIBILITIES.

a. The Office of Civil Rights and Diversity shall:

1) Develop and issue policy and procedures governing the provision of RA;

2) Advise the Department and bureau officials regarding laws, regulations, executive 

orders, and Departmental policy related to the provision of RA;

3) Ensure compliance with the governing laws, regulations, executive orders, and 

Departmental policy related to the provision of RA;

4) Review each bureau’s RA policy and forward to EEOC in accordance with Executive 

Order 13164; and

5) Ensure a firewall is maintained between the RA Program Manager and the EEO 

Director. If the bureau’s RA program resides within the EEO Office, the EEO 

Director cannot be involved in the day-to-day operations of the bureau RA program 

and cannot make decisions on granting or denying RA requests. If the EEO Director 

is not involved in the decision-making process of the reasonable accommodation 

program, then the agency has established a sufficient firewall.

b. Heads of Bureaus will:

1) Develop and issue procedures for processing requests for and providing RA, 

consistent with governing laws, regulations, executive orders, EEOC directives, and 

Departmental policy;

2) Ensure supervisors, managers, human resources, and EEO officials understand their 

obligations with respect to the provision of RA;

3) Ensure that RA is provided to qualified individuals with disabilities in accordance 

with the bureau’s procedures, i.e., processing in a timely, efficient, and fair manner;

4) Ensure the confidentiality of medical information, including information regarding 

functional limitations and RA needs, obtained in connection with a request for RA;

5) Ensure requests for information remain compliant with all applicable laws, including 

the Paperwork Reduction Act of 1995 and the Privacy Act of 1974, as amended.

6) Ensure the bureau’s RA policy and procedures are readily accessible to all employees 

and applicants for employment. The policy and procedures shall be posted on the 
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bureau’s internet and intranet websites and in designated locations such as bureau 

libraries, EEO Offices, and human resource offices;

7) Ensure policy and procedures are accessible in alternative formats, such as large print 

or Braille, on request;

8) Inform individuals with disabilities about their rights and responsibilities under the 

Rehabilitation Act;

9) Develop systems to track and report on the provision of RA; and

10) Submit the bureau’s policy and procedures (or any modification thereof) for 

processing RA requests to the Director, Office of Civil Rights and Diversity (OCRD), 

for review and transmittal to EEOC.

5. AUTHORITIES.

a. 29 CFR 1614.203, “Rehabilitation Act.”

b. 42 USC 12101, “Americans with Disabilities Act (ADA) of 1990.”

c. Public Law 110-325, Sept. 25, 2008, “ADA Amendments Act of 2008 (ADAAA).”

d. 29 CFR 1630, “Regulations to Implement the Equal Employment Provisions of the 

Americans with Disabilities Act, as amended.”

6. REFERENCES.

a. The Rehabilitation Act of 1973 (29 USC 701), as amended, requires an employer to 

provide reasonable accommodation to qualified individuals with disabilities who are 

employees or applicants for employment, except when such accommodation would cause 

undue hardship.

b. Executive Order 13164, Requiring Federal Agencies to Establish Procedures to Facilitate 

the Provision of Reasonable Accommodation (July 26, 2000), requires that Federal 

agencies establish effective written procedures for processing requests for reasonable 

accommodation.

c. EEOC’s Policy Guidance on Executive Order 13164, Establishing Procedures to

Facilitate the Provision of Reasonable Accommodation, No. 915-003 (October 20, 2000), 

explains EO 13164 in detail.

d. EEOC’s Enforcement Guidance on Reasonable Accommodation and Undue Hardship 

Under the Americans with Disabilities Act (October 17, 2002), clarifies the rights and 

responsibilities of employers and individuals with disabilities regarding reasonable 

accommodation and undue hardship.
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e. Americans with Disabilities Act Amendments Act (ADAAA) of 2008, Public Law 110-

325 ADAAA, effective 2009, which shifted the emphasis from establishing the existence 

of a disability to identifying reasonable accommodations. Equal Employment 

Opportunity Commission issued its final regulations on the ADAAA on March 25, 2011, 

which became effective on May 24, 2011.

f. EEOC Final Rule: Affirmative Action for Individuals with Disabilities in Federal 

Employment.

7. CANCELLATION. HCIS, Chapter 900, Transmittal Number: TN–12–002, dated 

November 15, 2011, Voluntary Modification and Reasonable Accommodation Policy and 

Procedures.

8. OFFICE OF PRIMARY INTEREST. Office of the Assistant Secretary for Management, 

Office of Civil Rights and Diversity.

9. POLICY REVIEW. The provisions of this Issuance are subject to modifications by 

changes in pertinent statutes and EEOC regulations. The applicable provision or provisions 

shall be amended or superseded effective on the dates specified in any statutory or regulatory 

change, and OCRD shall issue interim guidance addressing the change as soon as practicable. 

This Issuance will be reviewed after five years.

/S/

Snider Page

Acting Director

Office of Civil Rights and Diversity