U.S. DEPARTMENT OF AGRICULTURE

WASHINGTON, D.C. 20250

DEPARTMENTAL REGULATION

NUMBER:

DR 4300-008

SUBJECT: Reasonable Accommodations and Personal 

Assistance Services for Employees and Applicants with 

Disabilities

DATE:

October 27, 2020

OPI: Office of the Assistant Secretary for Civil Rights EXPIRATION DATE: 

October 27, 2025

Section Page

1. Purpose 2

2. Special Instructions/Cancellations 2

3. Background 2

4. Scope 3

5. Policy 3

6. Reasonable Accommodation Policy 4

7. Personal Assistance Services Policy 6

8. Requesting and Providing RA and PAS 8

9. Disability Determination 10

10. Types of Reasonable Accommodation 12

11. Limitations to Providing Reasonable Accommodation 17

12. RA and Disability Retirement 18

13. Medical Information and Confidentiality 18

14. Interactive Process 21

15. Undue Hardship 22

16. Denied Requests 23

17. Complaints and Dispute Resolution 23

18. Maintenance Records and Forms 24

19. Roles and Responsibilities 24

20. Compliance 28

21. Inquiries 28

Appendix A – Acronyms and Abbreviations A-1

Appendix B – Definitions B-1

Appendix C – Authorities and References C-1
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1. PURPOSE

a. This Departmental Regulation (DR) establishes the United States Department of 

Agriculture’s (USDA or the Department) policy for providing a reasonable 

accommodation (RA) to qualified employees and applicants with disabilities. This DR 

also establishes the policy for providing personal assistance services (PAS) to 

employees with targeted disabilities. 

b. This DR is implemented to help provide qualified people with disabilities an equal 

opportunity to obtain and successfully perform a job to the same extent as employees 

without disabilities, and enjoy the benefits and privileges of employment.

2. SPECIAL INSTRUCTIONS/CANCELLATIONS

a. This DR supersedes DR 4300-008, Reasonable Accommodations for Employees and 

Applicants with Disabilities, dated March 9, 2000.

b. All Mission Areas, agencies, and staff offices will adopt the policies set forth in this DR, 

including the use of Departmental forms.

c. This directive is effective upon publication and remains in effect until it is superseded or 

expires.

d. Mission Areas, agencies, and staff offices must align their RA and PAS policies with 

this DR within 90 calendar days of this DR’s publication date.

e. Mission Areas, agencies, and staff offices may not supplement this DR without prior 

review and approval from the Office of the Assistant Secretary for Civil Rights 

(OASCR). 

3. BACKGROUND

a. Under Title I of the Americans with Disabilities Act (ADA), as amended, (Federal 

Executive branch agencies follow Section 501 of the Rehabilitation Act, which 

corresponds with Title I of the ADA), an RA is a change or adjustment to the standard 

hiring process or work environment. 

b. The Equal Employment Opportunity Commission (EEOC)’s final rule, 82 Federal 

Register (FR) 654, Affirmative Action for Individuals with Disabilities in Federal 

Employment, amended Section 501 of the Rehabilitation Act of 1973, 29 Code of 

Federal Regulations (CFR) 1614.203, and requires Federal Agencies to take steps to 

gradually increase the number of employees in Federal service with disabilities and 

targeted disabilities, and provide PAS to Federal employees who require such services 

because of their targeted disabilities.
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c. Bargaining unit employees must follow their collective bargaining agreements’

provisions for RA to the extent they vary with this DR.

d. The ADA requires RAs as they relate to three aspects of employment: 

Ensuring equal opportunity in the application process; 

Enabling a qualified individual with a disability to perform the essential functions 

of a job; and 

Making it possible for a disabled person to enjoy equal benefits and privileges of 

employment.

4. SCOPE

This DR applies to:

a. All USDA Mission Area, agencies, and staff offices responsible for implementing and 

managing RA and PAS through their servicing Human Resources or Civil Rights Office

(CRO); 

b. Qualified employees and applicants with disabilities who request RAs; and 

c. Qualified employees with targeted disabilities who request PAS.

5. POLICY

a. Decisions regarding requests for an RA and PAS will be made consistent with this DR, 

and Section 501 of the Rehabilitation Act, which adopted the standards of the Americans 

with Disabilities Act Amendments Act of 2008 (ADAAA). The ADAAA construes the 

definition of “disability” broadly, and emphasizes the determination of whether a person 

has a disability generally should not require extensive analysis. 

b. An employee with a disability who needs an RA or PAS must inform their manager or 

supervisor in the employee’s chain of command or the Mission Area, agency, or staff 

office Reasonable Accommodation Coordinator (RAC) of a need for an adjustment or 

change concerning some aspect of the application process, the job, or a benefit of 

employment for a reason related to their disability.

c. Mission Areas, agencies, and staff offices are prohibited from discriminating against or 

taking adverse actions against job applicants or employees based on their need, or

perceived need, for an RA or PAS.

d. Requests for RA or PAS may be made orally or in writing at any time.
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e. Only qualified applicants and employees are eligible to receive an RA.

f. USDA will provide an RA to employees and applicants with disabilities that are known 

to the Mission Area, agency, or staff office and request an RA, unless doing so would 

cause undue hardship to the organization. 

g. USDA will provide PAS to employees who have targeted disabilities and request PAS, 

unless doing so would cause undue hardship to the organization.

h. Processing an RA or PAS request may not be refused or delayed, absent extenuating 

circumstances, and may not be denied based on an opinion or perception that the request 

should have been made at an earlier time.

i. An applicant or candidate with a disability who needs an RA must inform the Human 

Resources Specialist or contact noted in the job announcement.

j. Employees, supervisors, and managers must participate in the interactive process.

k. If an approved RA or PAS will be needed intermittently, the employee does not have to 

re-submit the request for an RA or PAS. 

l. If an employee has an ongoing RA or PAS and requests a modification due to a change 

in their medical condition or treatment, the employee must promptly notify their 

supervisor, manager, or RAC. The modification request will be processed using the 

guidelines outlined in this DR.

m. The Mission Area, agency, or staff office may not require a qualified person with a 

disability to accept an accommodation. However, if the person needs an RA to perform 

an essential job function or to eliminate a direct threat, and refuses to accept an effective 

RA, they may not be qualified to remain in their current job.

6. REASONABLE ACCOMMODATION POLICY

a. Absent a direct threat or undue hardship, Mission Areas, agencies, and staff offices must

provide an effective RA to a qualified employee or applicant who requests an RA and

has:

(1) A physical or mental impairment that is known, or made known, to the Mission 

Area, agency, or staff office, and substantially limits one or more major life 

activities; or

(2) A record of a substantially limiting impairment and needs an accommodation 

related to the past disability if the disability continues to impact the employee’s job 

performance.
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b. Mission Areas, agencies, or staff offices must not deny employment opportunities to a 

qualified employee or applicant with a disability based on the need to provide an RA.

(1) A person with a disability who is qualified to perform the essential functions of the 

position is not entitled to an accommodation of choice, but rather to an effective 

RA. A job function is considered essential for any of several reasons, including, but 

not limited to:

(a) The reason the job exists is to perform that function;

(b) There are a limited number of employees who can perform the job; and

(c) The job function is highly specialized, and the incumbent is hired for their

expertise or ability to perform the job function.

(2) Evidence of whether a job function is essential includes, but is not limited to:

(a) The supervisor’s judgment as to which functions are essential;

(b) Written job descriptions; 

(c) The amount of time spent on the job performing the function;

(d) The consequences of not requiring the incumbent to perform the function;

(e) The terms of a collective bargaining agreement;

(f) The work experience of past incumbents in the job; or 

(g) The current work experience of incumbents in similar jobs.

c. An RA will not change conduct, performance, or production standards of the employee’s 

job. This includes conduct standards that prohibit the use of illegal drugs or drinking 

alcohol while on official duty.

d. An RA may be reevaluated under certain circumstances such as: 

(1) Responsibilities or essential job functions change; 

(2) Staffing levels change;

(3) The employee’s medical condition improves or declines; or

(4) The RA is no longer effective.

e. Reevaluation of an RA should not be based solely on a change of supervisor.
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7. PERSONAL ASSISTANCE SERVICES POLICY

a. Mission Areas, agencies, and staff offices are required to provide PAS to employees 

who need them because of targeted disabilities.

b. PAS assists employees with performing activities of daily living such as:

(1) Removing and putting on clothing;

(2) Eating;

(3) Using the restroom;

(4) Getting in and out of a vehicle at the worksite; or

(5) Moving around the building.

c. PAS does not assist employees with performing the following activities:

(1) Performing medical procedures or monitoring, such as:

(a) Administering shots; or

(b) Monitoring blood pressure; 

(2) Helping a person with a targeted disability perform job-related tasks.

d. PAS must be provided if:

(1) The person is an employee of the Mission Area, agency, or staff office;

(2) The employee has a targeted disability; 

(3) The employee requires PAS because of a targeted disability;

(4) The employee requests PAS;

(5) The employee will be able to perform the essential functions of the job without 

posing a direct threat to safety once PAS and any necessary accommodations have 

been provided; and

(6) Providing PAS will not impose undue hardship on the organization.

e. PAS must be approved during the following:

(1) Work hours in the normal duty location;
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(2) Telework hours in the approved telework location;

(3) Agency-sponsored events such as holiday parties; and

(4) Work-related travel. 

f. PAS providers can be independent contractors or Federal employees.

g. Mission Areas, agencies, and staff offices must ensure all contract provisions are 

sufficient to provide PAS in a timely manner to any agency employee who is entitled to 

them.

h. Contracts for PAS may permit Mission Areas, agencies, and staff offices to require PAS 

providers to perform tasks unrelated to PAS, but only to the extent that doing so does 

not result in a failure to provide required PAS to the employee in a timely manner.

i. Mission Areas, agencies, and staff offices may not request or require employees or 

contractors who do not provide PAS as part of their job to provide an employee with 

PAS.

j. PAS providers may provide PAS to more than one employee.

k. The employee’s first preference will be considered in the selection of PAS providers to 

the extent permitted by law, absent undue hardship.

l. A Mission Area, agency, or staff office may reimburse an employee for the cost of PAS, 

may hire the PAS provider through a Federal contractor, or may use a Federal employee

whose job is to provide PAS.

m. A Mission Area, agency, or staff office may hire a family member of the employee as a 

Federal employee to be a PAS provider.

n. A Mission Area, agency, or staff office may hire a family member of the employee as 

PAS provider through a Federal contractor.

o. An employee may request permission to bring their own PAS provider to work as an RA 

if they do not request the agency to assume the cost of providing the services. However, 

if the employee wants the agency to assume the cost of providing the services, the 

agency can select a different provider.

p. If an employee has access to classified information, the Mission Area, agency, or staff 

office must obtain a PAS provider who has or who is able to get the appropriate security 

clearance.

(a) The PAS provider is responsible for obtaining the appropriate security clearance.
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(b) Finding a PAS provider who has or is able to get the appropriate security clearance 

may constitute an undue hardship.

8. REQUESTING AND PROVIDING RA AND PAS

a. Requesting a Reasonable Accommodation or Personal Assistance Services.

(1) A request is any communication where an employee or applicant expresses a need 

for assistance or change, when applying or competing for a job, performing a job, or 

gaining equal access to a benefit of employment, due to their medical condition. 

(2) Requests may be made orally or in writing. If in writing, the Agriculture 

Department (AD) 1163, Request for or Confirmation of Reasonable 

Accommodation/Personal Assistance Services may be used.

(3) Requests can be made at any time during the application process or while 

employed.

(4) Requests may be made to the employee’s supervisor, manager, Mission Area, 

agency, or staff office RAC, HR servicing office, or the HR Specialist or contact 

identified in the vacancy announcement.

(5) A request does not have to include any special words, such as “RA,” “disability,” 

“PAS,” or “Rehabilitation Act.” A supervisor, manager, HR Specialist, or RAC 

should ask the person whether they are requesting an RA or PAS if the nature of the 

initial communication is unclear.

(6) The employee or applicant ordinarily makes requests, but a request may be made by 

a third party (e.g., a family member, medical doctor, or other representative) on 

behalf of the employee or applicant.

b. RA and PAS Processing Timeframes and Deadlines.

(1) Supervisors, managers, HR Specialists, and RACs must confirm receipt of a request 

in writing to an employee, applicant, or third party, within 5 business days of 

receiving the request. If not initially submitted, the Supervisor, manager, HR 

Specialist, or RAC shall also request the Form AD-1163 be completed by the 

requesting individual. Failure to complete the form shall not delay the processing 

of an individual's oral request.

(2) HR Specialists and supervisors must process RA requests of qualified applicants as 

soon as possible.

(3) If a person needs an RA during the application or hiring process, they should inform

the HR Specialist or contact provided in the job announcement as soon as possible. 
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(4) The RAC will request any relevant and necessary medical documentation from the 

requestor or appropriate source within 10 business days of receiving the RA or PAS 

request.

(5) The supervisor must approve or deny requests for RA and PAS within 30 business 

days of the initial request, absent extenuating circumstances, such as a delay in 

returning requested medical information or an unscheduled office closure.

(6) When a disability and the need for accommodation is known or obvious, a 

supervisor may approve an RA or PAS sooner than the required timeframe, or if 

possible, provide the RA immediately. 

(7) If there is a delay in processing a request, the supervisor or HR Specialist must 

notify the requestor orally or in writing, via e-mail, or memorandum of the reason 

for the delay, and any extenuating circumstances causing the delay.

(8) Any oral communication from the supervisor, manager, HR Specialist, RAC, or 

other deciding official to the employee or applicant regarding the status of the RA 

or PAS, must be followed-up in writing. A supervisor’s, manager’s, or HR 

Specialist’s final determination of an RA request must be made in consultation or 

coordination with the RAC and communicated to the employee in writing, utilizing 

the appropriate USDA forms.

(9) When there is a delay in either processing a request or providing an RA or PAS 

within the 30-day timeframe, the supervisor, manager, HR Specialist, or other 

deciding official must consider whether an interim RA will allow the person to 

perform some or all of their essential job functions.

(10) Interim RAs will continue until the RA request is approved or denied and does not 

create an entitlement to a permanent RA.

c. Determining an Effective RA or PAS.

(1) Each RA and PAS is unique to the person and their medical condition and must be 

addressed on a case-by-case basis. 

(2) Supervisors and managers are required to participate in the interactive process and 

should communicate with the requestor early and often throughout the process.

(3) Devising an effective RA or PAS may require an interactive process between the 

employee, the supervisor, and other relevant parties outlined in Section 14 of this 

DR. 

(4) Considerations for determining whether to approve an RA include, but are not 

limited to:
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(a) The type of limitations resulting from the person’s disability;

(b) Whether the requested accommodation would allow the employee to perform 

essential job functions and requirements;

(c) The degree to which the requested accommodation would impact the 

employee’s office or other facility, including its functions, workload, and 

customers’ experience;

(d) The degree to which the requested accommodation would impact the capacity 

of one or more other employees in the office or other facility to carry out their 

functions; and

(e) Any upfront and ongoing expenses.

(5) Consideration will be given to the employee’s preferred accommodation, but the 

agency retains the ultimate discretion to choose among effective accommodations 

and may choose the less expensive and less disruptive accommodation. An 

employee is not entitled to an accommodation of their choosing.

(6) If an employee chooses to provide their own accommodation (e.g., a motorized 

scooter), the agency is not relieved of the duty to provide an effective 

accommodation should the employee for any reason be unable or unwilling to 

continue to provide the accommodation.

(7) Existing RAs do not guarantee approval for other employees’ RA requests, 

irrespective of the perceived similarities of the circumstances.

9. DISABILITY DETERMINATION

a. For the purposes of providing an RA or PAS, a person is considered to have a disability 

when they have a physical or mental impairment that substantially limits one or more 

major life activities, and when they have a record of such an impairment.

b. A person is considered to have a targeted disability if their disability is designated on the 

Office of Personnel Management (OPM) Standard Form (SF) 256, or one of the first 12 

categories of disability listed in Part A of question 5 of the EEOC’s Demographic 

Information on Applicants Form (29 CFR § 1614.203).

c. A physical or mental impairment is defined as:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss 

affecting one or more body systems; or 
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(2) Any mental, emotional, or psychological disorder.

d. A person will be considered to have a record of a disability if the person has a history of 

an impairment that substantially limited one or more major life activities when 

compared to most people in the general population. 

e. A person who has a record of a substantial limitation in a major life activity may be 

entitled to RA related to the past disability, absent undue hardship. For example, an 

employee with an impairment that previously limited, but no longer substantially limits, 

a major life activity may need leave or a schedule change to permit them to attend 

follow-up or monitoring appointments with a health care provider.

f. The term “substantially limits” should be construed broadly in favor of expansive 

coverage. An impairment need not prevent, or significantly or severely restrict, a person

from performing a major life activity to be considered substantially limiting.

g. The threshold issue of whether an impairment substantially limits a major life activity 

should not demand extensive analysis. The determination is normally made on a caseby-case basis that compares a person’s performance of a major life activity to the 

performance of the same major life activity by most people in the general population 

(not a comparison to those similarly situated).

h. In determining whether a person has a disability for the purpose of an RA, the focus is 

on how a major life activity is substantially limited, and not on what outcomes a person

can achieve.

i. Major life activities include, but are not limited to:

(1) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, 

walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, 

reading, concentrating, thinking, communicating, interacting with others, working, 

and commuting to and from work; and

(2) The operation of a major bodily function, including functions of the immune system, 

special sense organs and skin; normal cell growth; and digestive, genitourinary, 

bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, 

endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The 

operation of a major bodily function includes the operation of an individual organ 

within a body system.

j. The determination of whether an impairment substantially limits a major life activity 

must be made without regard to the improvements caused by mitigating measures, such 

as medication, prosthetics, or hearing aids. The only exception is ordinary eyeglasses or 

contact lenses.
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k. Current use of illegal drugs is excluded as a disability for the purposes of an RA. 

Agencies must comply with the USDA Plan for a Drug Free Workplace and DR 4430-

792-2, Drug-Free Workplace Program.

l. Pregnancy is not considered a disability or impairment by itself, but some pregnancyrelated impairments may qualify as a disability for which the person may be eligible for 

an RA.

(1) The person may also be eligible for an RA due to limitations resulting from the 

interaction of the pregnancy with an underlying impairment. Both categories may 

require the agency to provide an accommodation or adjust a current accommodation 

using the processes outlined in this DR. 

(2) The Pregnancy Discrimination Act of 1978, 42 United States Code (U.S.C.) Section 

2000e(k), does not require an RA, but does require that pregnant workers be treated 

the same as other workers who are similar in their ability or inability to work. This 

may mean providing measures that are similar to RAs, such as light duty, leave, or 

any job changes provided to another employee similar in ability or inability to 

work. These requests will follow RA procedures. 

10. TYPES OF REASONABLE ACCOMMODATION

a. The three types of RAs are:

(1) Change to the Application Process: A change to the job application process that 

allows qualified applicants with disabilities to apply and be considered for jobs; 

(2) Change to the Work Environment: A change to the work environment, or the way a 

job is customarily performed, that helps qualified employees with disabilities to 

perform the essential functions of a job; and

(3) Change to Allow Equal Access: A change or adjustment that helps an employee 

with a disability to enjoy equal benefits and privileges of employment as are 

enjoyed by other similarly situated employees without disabilities. 

b. Benefits and privileges of employment include, but are not limited to:

(1) Access to restrooms, credit unions, cafeterias, and services, (e.g., employee 

assistance programs); 

(2) Recreational activities;

(3) Work sponsored social activities on- and off-site; and

(4) Training opportunities.
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c. The following are examples of common RAs:

(1) Equipment.

A larger or specialized computer monitor for an employee with a visual impairment.

(2) Accessibility. 

(a) Making existing facilities physically accessible;

(b) Providing screen magnification software; voice activation software; or readers 

to help people who are vision impaired or have learning disabilities that inhibit 

their ability to read printed text; open/closed captioning, providing a simpler 

explanation of workplace rules for employees with cognitive disabilities; or

(c) Providing sign language interpreters to assist the hearing impaired 

communicate with coworkers, or participate in work related activities (e.g., 

training).

(3) Workplace Changes. 

(a) Lowering the paper towel dispenser in a workplace restroom; or

(b) Adjusting the lighting at a person’s workstation.

(4) Job Restructuring.

(a) Job restructuring may involve shifting or redistributing non-essential job 

functions that an employee is unable to perform. Job restructuring may also 

involve changing when or how a task is performed. 

(b) An employee who has non-essential job functions shifted to another employee 

will assume other non-essential functions, in accordance with classification 

guidelines.

(c) An RA does not include removing, shifting, or reassigning essential job 

functions.

(5) Telework as an RA.

(a) Telework (RA telework) may be an effective RA and should be considered as 

an RA for qualified employees with disabilities if the accommodation helps the 

employee and would not interfere with the essential functions of the 

employee's position.
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(b) The employee must demonstrate how limitations from their disability prevent 

them performing their essential job functions at their duty station, and how the 

essential job functions can be performed from their home or another offsite 

location.

(c) A determination to allow RA telework will be made on a case-by-case basis, 

taking into consideration the nature of the disability, the portability of essential 

job functions, and whether the job functions can be performed from another

location. 

(d) RA telework is subject to different requirements than general telework 

requirements. 

(e) RA telework may not be approved if the essential job functions are not 

portable, such as when sensitive materials cannot be accessed outside the 

primary work location, direct customer or coworker interaction is necessary to 

fulfill the job requirements, or the work requires immediate access to 

documents in the workplace that cannot be made available electronically. 

(f) RA telework may not be effective for employees whose duties involve 

customer-facing work during specific hours or whose duties are dependent on 

teamwork.

(g) When considering RA telework, an employee may consult their immediate 

supervisor or manager, the Mission Area, agency, or staff office HR Specialist, 

or the RAC for guidance, as needed.

(6) Modified work schedules.

(a) Adjusting arrival and departure times, changing shift assignments, providing 

periodic breaks, or allowing a part-time schedule or flextime schedule may be 

an effective RA.

(b) This accommodation may be an effective RA for employees who work

independently and whose duties can be performed separately from others on 

the same team.

(7) Leave.

(a) Employees with a disability may be permitted to use accrued leave. In 

appropriate circumstances, an employee may be approved for advanced leave 

or leave without pay as an accommodation. The Mission Area, agency, or staff 

office must consider providing unpaid leave to an employee with a disability as 

an RA if the employee requires it, so long as it does not cause an undue 

hardship for the agency.
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(b) In some situations, a request for leave as an RA may present an undue 

hardship. In cases of highly specialized jobs or when an employee cannot 

provide a return date, it may be difficult or impossible to find a temporary 

replacement or to hold the job open indefinitely. In these cases, the supervisor 

will consult with their respective HR Specialist, RAC, or the Office of Human 

Resources Management (OHRM). 

(c) Quantity and timeliness measures in performance standards must be prorated 

or adjusted for employees who are on extended approved leave to ensure the 

employee is not penalized for being ill or having a disability. 

(8) Modifying supervisory methods.

While a Mission Area, agency, or staff office is not required to reassign an

employee to a new supervisor as an RA, a supervisor may, in certain circumstances,

be required to change their method of communication or process. Communicating 

in writing rather than orally, providing an agenda for meetings, or allowing 

teleconferencing rather than face-to face meetings may be effective 

accommodations.

(9) Job coach.

Coaching may be an appropriate temporary measure to help an employee learn 

essential and non-essential job functions. 

(10) Travel.

Travel-related RAs may include a request for an airfare class upgrade, rental or 

transport of a wheelchair, a larger hotel room, or special conveyances. All travel 

requests must comply with the Federal Travel Regulation, Part 301-3, which allows 

for RAs, such as paying for additional travel expenses incurred.

(11) Emotional Support and Service Animals.

An employee or applicant may request the use of a service, comfort, or emotional 

support animal as an RA. The requestor is responsible for ensuring the animal is 

properly trained and cared for, behaves, and follows applicable guidelines 

determined by the Mission Area, agency, or staff office. If the animal is disruptive, 

poses a direct threat (e.g., a significant risk to health or safety), or is not properly 

cared for by the handler, the effect on others may demonstrate an undue hardship on 

the Department.
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(12) Reassignment.

(a) Reassignment is the RA of last resort. Mission Areas, agencies and staff 

offices are required to search for and offer any vacant and funded position the 

employee is qualified.

(b) Reassignment will be considered only after it has been determined:

No RA will help the employee to perform the essential functions of their

current position; or

All other RAs would impose either a direct threat or undue hardship.

(c) Reassignment must be to a vacant and funded position the employee is 

qualified for, with or without an accommodation:

1 The vacant position will generally be commensurate to the employee’s 

current position at the same grade and pay;

2 The vacant position must not be at a higher grade or pay than the 

employee’s original position;

The vacant job must not have non-competitive promotion potential beyond 

that which existed in the employee’s original position;

The position must be vacant or anticipated to become vacant within a 

reasonable amount of time determined by totality of the circumstances; 

and

If there is no commensurate vacant position available within a reasonable 

amount of time, the employee may be accommodated through a 

reassignment to a lower-graded job, following merit promotion and pay 

regulations for such reassignment.

(d) When considering reassignment as an RA, supervisors, managers, and RACs 

must coordinate with the Mission Area, agency, or staff office HR servicing 

office in searching for available vacancies. 

(e) If an employee is successfully reassigned, the Mission Area, agency, or staff 

office is not required to fund relocation expenses, but may do so at its 

discretion, if funding permits.

(f) Mission Areas, agencies, and staff offices do not have to create a position and 

are not required to remove another employee to provide an RA.
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(g) Reassignment searches should begin within the Mission Area, agency, or staff 

office where the employee is currently employed and extend Departmentwide, 

if necessary.

(h) An employee with a disability may not be reassigned to a position where they 

are unable to perform the essential job functions, with or without an RA. 

11. LIMITATIONS TO PROVIDING REASONABLE ACCOMMODATION

Mission Areas, agencies, and staff offices are not required to:

a. Provide an accommodation that would cause an undue hardship;

b. Provide personal use items as RAs, but may be required to provide a personal use item 

that is intended to be used only on the job, such as a motorized scooter;

c. Provide an employee with equipment, an adjustment, or change that would assist the 

employee both on and off the job, such as eyeglasses or a permanent motorized scooter;

d. Remove or change a job’s essential functions;

e. Lower production or performance standards;

f. Excuse violations of standards of conduct; or

g. Provide an accommodation that would cause a direct threat.

(1) The determination that a person poses a direct threat must be based on a 

personalized review of the person’s present ability to safely perform essential job 

functions. This review must be based on a reasonable medical judgment that relies 

on the most current medical knowledge or the best objective evidence available.

(2) Supervisors must consult with their servicing Employee Relations Specialist and the 

RAC when determining whether a person would pose a direct threat to self or 

others. 

(3) Factors considered in determining whether the employee would pose a direct threat 

to self or others include:

(a) The duration of the risk;

(b) The nature and severity of the potential harm;
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(c) The likelihood that the potential harm will occur; and

(d) The imminence of the potential harm.

12. RA AND DISABILITY RETIREMENT

a. An employee may qualify for Federal disability retirement if the Mission Area, agency, 

or staff office certifies it is unable to accommodate the employee’s disability in their 

present job and has considered the employee for other vacant jobs within the 

Department at the same grade or pay level, within the same commuting area, for which 

the employee is qualified for reassignment. 

b. OPM, not the Department, makes decisions regarding disability retirement applications. 

13. MEDICAL INFORMATION AND CONFIDENTIALITY

a. Requesting Medical Information.

(1) Only the agency RAC may determine whether medical information is needed to 

assess the RA or PAS request, and if so, may request the information from the 

employee and, with the employee’s permission, the appropriate health professional.

(2) Before requesting medical documentation from an applicant or employee, the type 

of accommodation (e.g., schedule, leave, work from home, equipment, etc.) and 

how it will help a person perform the essential functions of the job should be 

considered. Medical information regarding the need for an RA or PAS may not be 

necessary if the information provided through the interactive process is sufficient to 

show an RA or PAS is needed.

(3) Medical information is not required when both the disability and need for 

accommodation or personal assistance are obvious, if the employee previously 

provided sufficient medical information with their RA request showing they had a 

disability and a need the requested RA or PAS, or if enough information is provided 

through the interactive process.

(4) If a person’s disability and need for an RA or PAS are not obvious or already 

known, then the Mission Area, agency, or staff office RAC is authorized to ask for 

and receive medical information showing the person has a qualifying disability 

requiring an RA or PAS, and information about the nature or extent of the 

employee’s medical limitations, if needed.

(5) It is the responsibility of the requester to provide appropriate medical information 

requested by the Mission Area, agency, or staff office RAC where the disability and 
19

need for an RA or PAS are not obvious, already known, or where there is a need to 

change a current RA or PAS.

(6) The Mission Area, agency, or staff office RAC may request relevant, supplemental 

medical information if the information submitted by the requester in their initial 

request did not provide adequate information to assess the RA or PAS request, or if 

the medical information does not support a change of the accommodation. 

(7) Medical information must be sufficient to explain: 

(a) The nature and duration of the person’s disability;

(b) The limitations, scope of limitations, and restrictions related to the disability;

(c) The need for RA or PAS; and 

(d) How the requested RA will assist the person with applying for a job, 

performing the essential functions of a job, or enjoying the benefits and 

privileges of employment.

(8) The Mission Area, agency, or staff office may have the medical information 

reviewed by a medical expert of their choosing at the Mission Area, agency, or staff 

office’s expense.

(9) Once a person has identified their disability with the Mission Area, agency, or staff 

office, new or updated medical information will only be requested in limited 

circumstances where the person:

(a) Requests a new RA or PAS;

(b) Is observed by the supervisor or manager having difficulties in performing 

essential job functions;

(c) Has a change in their disabling condition or functional limitations;

(d) Has a change to their essential job duties that are not addressed by the medical 

information previously provided; or

(e) Can no longer perform their essential job duties or enjoy the privileges of 

employment.

(10) If an employee’s condition is expected to improve, an RA agreement may indicate 

the RA will be reevaluated.
20

b. Confidentiality Requirements.

(1) Requests for RA and PAS are considered medical information and must remain 

confidential.

(2) RACs may only request medical documentation directly related to the 

accommodation being requested, and are not entitled to the person’s complete 

medical record. 

(3) A person’s RA or disability should not be described in their telework agreement, 

time and attendance record, or tour of duty work schedule.

(4) Any additional medical information obtained in connection with RA and PAS 

requests must also remain confidential and be maintained by the Mission Area, 

agency, or staff office RAC.

(5) RA and PAS files must remain separate from an employee’s personnel file. This 

includes any RA or PAS requests, denials, medical information, and relevant 

communications. 

(6) Any USDA employee who obtains or receives medical information related to an RA 

or PAS request is strictly bound by the confidentiality requirements in this DR.

(7) The RAC will only disclose information to the person’s supervisor or other agency 

official(s) as necessary to process and implement an RA request. Under these 

circumstances, the RAC will inform the recipient of the requirement to maintain the 

confidentiality of the medical information. 

(8) Any information disclosed must be no more than is necessary to process and 

implement the request.

(9) In addition to disclosures of information needed to process a request for an RA or

PAS, other disclosures of medical information are permitted as follows:

(a) To provide an effective RA, supervisors and managers are entitled to relevant 

information that is necessary to understand the person’s restrictions and 

limitations related to the essential job functions;

(b) First-aid and safety personnel may be informed, when appropriate, if the 

disability might require emergency treatment or assistance in evacuation;

(c) Government officials may be given information necessary to investigate 

USDA’s compliance with the Rehabilitation Act; 

(d) When a Mission Area or agency medical officer consults with the person

requesting an RA regarding the interpretation of medical documents; 
21

(e) In certain circumstances related to litigation, the worker’s compensation or 

insurance carriers, in accordance with EEOC regulation; and

(f) When otherwise authorized by law.

14. INTERACTIVE PROCESS

a. The interactive process is a dialogue between the person with a disability and their direct 

supervisor or manager to determine an effective accommodation. The person with a 

disability should be consulted to determine the precise job-related limitations imposed 

by their disability, and how those limitations can be overcome with an RA.

b. The interactive process may also require key people to work together with the person

with a disability to consider options available to help them perform the essential job 

functions, absent undue hardship to the organization.

c. Actively engaging in the interactive process will promote the timely and efficient 

processing of RA and PAS requests. In many instances, the person with the disability 

will be able to provide information regarding the type of accommodation needed. 

d. If a person cannot participate in the interactive process, they may designate someone

else to participate in the interactive process. 

e. Below are a few examples of key people or entities that may be consulted to participate 

in the interactive process. 

(1) Supervisors and managers;

(2) Hiring officials;

(3) Mission Area, agency, or staff office RAC;

(4) Medical care or mental health care professional of the individual;

(5) USDA Technology and Accessible Resources Give Employment Today (TARGET) 

Center;

(6) Mission Area, agency, or staff office HR Specialist, Employee, or Labor Relations 

staff;

(7) Rehabilitation counselor;

(8) A family member of the person;
22

(9) Department of Labor’s Job Accommodation Network;

(10) Union Representative; and

(11) The personal representative of the person requesting the RA.

15. UNDUE HARDSHIP

a. The Department is not required to provide an RA if it would cause an undue hardship to 

an organization.

b. Factors to consider in determining if an RA would impose an undue hardship include, 

but are not limited to:

(1) The nature or net cost of the accommodation needed; 

(2) The overall financial resources of the Department;

(3) The overall size, number, location, and number of employees of the Mission Area, 

agency, or staff office; and

(4) The impact of the accommodation on the operation of the facility, including the 

impact on the ability of other employees to perform their duties and the impact on 

the facility’s ability to conduct business.

c. A Mission Area, agency, or staff office cannot claim an undue hardship based on:

(1) Employee or customer fears or biases about a person’s disability;

(2) Negative impact on the morale of other employees; or

(3) Changes needed to property owned by another entity other than the Department.

d. Generalized conclusions do not support a claim of undue hardship. 

e. Determinations of undue hardship must be based on a personalized review of current 

circumstances that show a specific accommodation request would cause significant 

difficulty and expense to the Department.

f. If there is another accommodation that will avoid undue hardship to the Department, 

then the Mission Area, agency, or staff office must provide the other RA.
23

16. DENIED REQUESTS

a. A supervisor or hiring official must communicate a denial of an RA or PAS request in 

writing via e-mail, memorandum, or on Form AD-1165, Reasonable Accommodation 

and Personal Assistance Services Employee Denial Form, and must specify:

(1) The reason for the denial; 

(2) The right to file an administrative grievance or, if permitted under the applicable 

collective bargaining agreement, negotiated grievance with the agency;

(3) The right to file an Equal Employment Opportunity (EEO) complaint with OASCR,

or the Mission Area or agency EEO office; and

(4) Instructions on how to file an EEO complaint with OASCR, or the Mission Area or 

agency EEO office. 

b. An accommodation denial does not prevent the requestor from making another RA 

request at a later time if circumstances change and they believe an accommodation is 

needed (e.g., a disability worsens, or the requestor is assigned new duties that require an 

additional or different RA).

c. If a person is denied an RA or PAS, they may request reconsideration.

d. Upon receipt of a written denial, a requester has 10 business days to request 

reconsideration from their second line supervisor. A request for reconsideration does not 

extend the time limits for initiating administrative, statutory, or collective bargaining 

claims.

e. After receiving a request for reconsideration, the second line supervisor will render a 

decision and notify the requester in writing within 14 business days of receiving the 

request for consideration.

17. COMPLAINTS AND DISPUTE RESOLUTION

a. Employees and applicants may use informal or alternative dispute resolution processes 

to obtain prompt reconsideration of denied requests.

b. Employees and applicants may file complaints related to an RA.

(1) EEO Complaint Process. Employees and applicants must initiate contact with an 

EEO Counselor within 45 calendar days of the date of denial (as defined by the date 

the written denial is issued via e-mail, memorandum, or Form AD-1165 with an 

additional 5 calendar days when the written denial must be mailed to the employee 

or applicant).
24

(2) Employee Grievance Process. Employees may file an administrative grievance in 

accordance with the provisions of the DR 4070-771-001, Administrative Grievance 

System. Employees should contact their Mission Area, agency, or staff office 

Employee Relations Office for further information.

(3) Negotiated Grievance Procedure. Employees may contact their union 

representative to file a negotiated grievance, in accordance with collective 

bargaining agreement provisions.

(4) Appeal Process. Employees may initiate an appeal to the Merit Systems Protection 

Board within 30 calendar days of an appealable adverse action as defined in 5 CFR 

§ 1201.3.

18. MAINTENANCE OF RECORDS AND FORMS

Mission Areas, agencies, and staff offices will maintain RA and PAS records in accordance 

with the Department’s record retention policy, including aggregated, anonymized records 

that track the number of RAs and PASs currently in effect for the relevant agency, subagency, or office. 

19. ROLES AND RESPONSIBILITIES 

a. The Assistant Secretary for Civil Rights will:

(1) Monitor and evaluate the implementation of the RA and PAS process; 

(2) Provide policy compliance oversight, technical assistance, and direction on issues 

that arise; 

(3) Annually prepare and submit an affirmative action plan to the EEOC that includes a 

copy of USDA’s RA and PAS DR and information on the Department’s efforts to 

implement RA and PAS; and

(4) Review and revise this DR as needed.

b. The Director, OHRM, serving as the USDA Chief Human Capital Officer (CHCO), will:

(1) Establish and implement USDA’s RA and PAS procedures in compliance with 

applicable law, regulations, OPM Guidance, this DR, and DM 4300-002, 

Reasonable Accommodation Procedures;

(2) Oversee the establishment and implementation of RA and PAS procedures for 

Mission Area, agency and staff offices;
25

(3) Ensure policies and procedures for requesting RA and PAS and applicable forms 

are published to the Department’s public-facing and internal websites; 

(4) Provide technical assistance to Mission Area, agency, and staff office RACs;

(5) Ensure Mission Areas, agencies, and staff offices actively support and adhere to RA 

and PAS procedures; and

(6) Review, direct, and approve Mission Area, agency, and staff office internal RA and 

PAS procedures.

c. Mission Areas and Agencies will:

(1) Designate one or more RACs (depending on workforce size) and ensure they are 

trained and qualified to manage, process, and provide technical assistance for RA 

and PAS requests to their respective organizations; 

(2) Establish and maintain a secure, accessible, centralized RA and PAS tracking 

system to monitor compliance with the process and timeline requirements outlined 

in this DR;

(3) Ensure there are enough RACs to ensure timely and effective processing of RA and 

PAS requests. 

(4) Implement RA and PAS procedures;

(5) Provide resources for program implementation to ensure efficient and timely 

processing of RA and PAS requests;

(6) Develop an affirmative action plan for the recruitment, hiring, advancement, and 

retention of persons with disabilities;

(7) Maintain sufficient funding to support the ongoing costs associated with providing 

RAs to applicants and employees with disabilities;

(8) Maintain sufficient funding to support the ongoing costs associated with providing 

PAS to employees who have targeted disabilities; and

(9) Ensure procedures for requesting RA and PAS and any associated forms are 

published on their public-facing and internal websites and made available to all 

applicants and employees.

d. USDA CHCO Council Members will:

(1) Ensure their RA and PAS policies and procedures comply with this DR;
26

(2) Ensure sufficient funding is maintained within their own Mission Area, agency, or 

staff office to support the ongoing costs associated with providing RA and PAS;

(3) Ensure all vacancy announcements include instructions on how to request an RA 

and include contact details of the HR Specialist noted in the job announcement;

(4) Ensure tentative and final job offer letters include RA and PAS procedures and 

contact details for the Mission Area, agency, or staff office RAC;

(5) Provide reassignments as an RA to a vacant and funded position at the same or 

lower grade level without competition, consistent with this DR;

(6) Provide staff support to identify current and anticipated vacancies to reassign a 

qualified employee seeking reassignment as an RA after attempts to accommodate 

the employee in their current job have been exhausted; 

(7) Conduct an annual evaluation of Mission Areas, agencies, and staff offices to 

evaluate compliance with established policies and procedures, and determine the 

need for improvement, training, or guidance; 

(8) Collaborate with OASCR and OHRM to timely provide the information necessary 

for submission of the annual EEO Management Directive (MD) 715 reports to the

EEOC with a copy to OHRM; and 

(9) Provide required reports and documentation of program activities to support USDA 

and OPM accountability program reviews and audits.

e. Reasonable Accommodation Coordinators will:

(1) Complete RA and PAS training within 30 business days after their initial 

appointment, and additional training as needed;

(2) Complete RA and PAS annual training;

(3) Adhere to this DR to ensure qualified employees and applicants with disabilities are 

provided RAs in an effective and efficient manner that meets the timelines set forth 

within this DR;

(4) Adhere to this DR to ensure qualified employees who have targeted disabilities are 

provided PAS in an effective and efficient manner that meets the timelines set forth 

within this DR;

(5) Participate in the interactive process with job applicants or candidates to assist in 

providing an RA during the application or hiring process;
27

(6) Maintain RA and PAS request records in accordance with applicable Federal 

regulations and this DR;

(7) Ensure medical records are kept confidential and maintained in secured files

(8) Maintain current, up-to-date inventories of granted and denied RAs or PASs request 

in the RA Coordinator’s respective agency; and

(9) Submit quarterly reports to OHRM for monitoring and measuring USDA’s 

compliance with the Rehabilitation Act.

f. Human Resources Specialists will:

(1) Complete RA and PAS annual training, and additional training as needed;

(2) Work with their respective RACs to evaluate requests for RA and PAS within the 

timeframe described in Section 8 of this DR;

(3) Actively participate in the interactive process to assist with finding an effective RA 

for employees and qualified applicants, when needed; 

(4) Actively assist in the reassignment process, when necessary; 

(5) Provide an effective RA for employees and qualified applicants, when needed; and

(6) Provide an effective PAS for employees with targeted disabilities, when necessary.

g. Mission Area, Agency, and Staff Office Managers and Supervisors will:

(1) Complete RA and PAS annual training, and additional training as needed; 

(2) Work with their respective RAC to evaluate requests for RA and PAS within the 

timeframe described in Section 8 of this DR; 

(3) Actively participate in the interactive process to assist with providing an effective 

RA for employees and qualified applicants, when needed;

(4) Provide an effective RA for employees and qualified applicants, when needed;

(5) Provide an effective PAS for employees with targeted disabilities;

(6) Evaluate the RA at the end of any timeframes communicated by the employee’s 

healthcare provider; 

(7) Evaluate the RA at the end of its established timeframe; 
28

(8) Evaluate the RA if there is a change in staffing, job position, responsibilities of the 

job, or if the RA is no longer effective; 

(9) Contact the Labor Relations Staff for guidance and assistance if an RA is requested 

by a bargaining unit employee; and 

(10) Maintain RA and PAS records in a secure area, separate from the employee’s 

personnel file, in accordance with applicable Federal regulations.

h. Employees and Applicants with Disabilities who need RA will:

(1) Initiate RA requests, as needed, in the manner outlined in Section 8 of this DR;

(2) Provide timely and relevant medical information that specifically connects the 

disability to the requested RA, if requested; and 

(3) Actively participate in the interactive process.

i. Employees with Targeted Disabilities who need PAS will:

(1) Initiate a request for PAS, in the manner outlined in Section 8 of this DR; 

(2) Provide timely, relevant medical information specifically relating the targeted 

disability to the requested PAS, if requested; and 

(3) Actively participate in the interactive process.

20. COMPLIANCE 

a. OASCR will audit Mission Areas, agencies and staff offices to ensure compliance with 

this DR.

b. USDA CHCO Council Members are responsible for ensuring their RA and PAS 

programs comply with the policies specified in this DR. 

c. OHRM, on an as needed basis, will establish mandatory compliance reporting.

21. INQUIRIES

Questions and comments pertaining to this DR should be directed to the Office of the 

Assistant Secretary for Civil Rights at (202) 720-3808.

-END-
A-1

APPENDIX A

ACRONYMS AND ABBREVIATIONS

AD Agriculture Department (for Departmental forms use only) 

ADA Americans with Disabilities Act

ADAAA Americans with Disabilities Act Amendments Act 

CFR Code of Federal Regulations

CHCO Chief Human Capital Officer

DM Departmental Manual

DR Departmental Regulation

EEO Equal Employment Opportunity

EEOC Equal Employment Opportunity Commission

HR Human Resources 

OASCR Office of the Assistant Secretary for Civil Rights 

OCIO Office of the Chief Information Officer

OHRM Office of Human Resources Management

OPF Official Personnel File

OPM Office of Personnel Management

PAS Personal Assistance Services

RA Reasonable Accommodation

RAC Reasonable Accommodation Coordinator 

SF Standard Form

U.S.C. United States Code

USDA United States Department of Agriculture

TARGET Technology and Accessible Resources Give Employment Today
B-1

APPENDIX B

DEFINITIONS

ADA. For purpose of this DR, ADA refers to Title I of the Americans with Disabilities Act of 

1990, as amended, as it relates to employment standards. Title I of the ADA requires an 

employer to provide RA to qualified individuals with disabilities who are employees or 

applicants for employment, except when such accommodation would cause an undue hardship. 

These standards are set forth in the EEOC’s ADA regulations at 29 CFR part 1630. Section 501 

of the Rehabilitation Act of 1973, as amended, comports with Title I of the ADA. 

ADAAA. Americans with Disabilities Act Amendment Act of 2008. 

Agency. Organizational units of the Department, other than staff offices as defined below, 

whose heads report to officials within the Office of the Secretary, Deputy Secretary, Under 

Secretaries, Assistant Secretaries, and Assistant to the Secretary.

Bargaining Unit Employee. An employee included in an exclusive bargaining unit as determined 

by the Federal Labor Relations Authority for which a labor organization has been granted 

exclusive recognition. (DG 0100-002, USDA Departmental Directives Definitions Glossary, 

September 26, 2018)

CHCO Council Member. The most senior Human Resources Officer in a Mission Area.

Deciding Official. A USDA supervisor, manager, RAC, HR Specialist, Employee Relations 

Specialist, or other USDA employee who has the authority to make a decision regarding an 

employee or applicant’s RA or PAS.

Direct Threat. A significant risk of substantial harm to the health or safety of the individual or 

others that cannot be eliminated or reduced by RA. (29 CFR § 1630.2(r)) 

Disability. With respect to an individual, a physical or mental impairment that substantially 

limits one or more of the major life activities of such individual; a record of such an impairment; 

or being regarded as having such an impairment. (29 CFR § 1630.2(g))

Drug. A controlled substance, as defined in schedules I through V of section 202 of the 

Controlled Substances Act (29 CFR § 1630.3 and 21 U.S.C. § 812)

Effective Accommodation. An accommodation that removes a workplace barrier and allows an 

applicant to apply for a job, or allows an employee to perform the essential functions of the job.

Essential Functions. The fundamental duties of the job the individual with a disability holds or 

desires, and that the individual who holds the job must be able to perform unaided or with the 

assistance of RA. (29 CFR § 1630.2(n)(1) and Appendix to 29 CFR Part 1630) 

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

in advance of the request for accommodation or limited situations in which unforeseen or 
B-2

unavoidable events prevent prompt processing and delivery of an accommodation. (e.g., 

identified software such as a screen reader is not compatible with existing equipment).

Illegal Use of Drugs. The use of drugs the possession or distribution of which is unlawful under 

the Controlled Substances Act, as periodically updated by the Food and Drug Administration. 

This term does not include the use of a drug taken under the supervision of a licensed health care 

professional, or other uses authorized by the Controlled Substances Act or other provisions of 

Federal law. (29 CFR § 1630.3)

Interim Accommodation. Any temporary or short-term measure put in place until an RA request 

is approved or denied, or until a granted accommodation is available. An interim 

accommodation can be put in place before there is a determination that the individual has a 

disability; before or after the interactive process; before there has been a decision re: an RA; or 

when more time is needed to put a granted RA in place.

Job Coach. Someone who assists in training or guiding the performance of a person with a 

disability.

Major Life Activities. Major life activities include activities such as caring for oneself, 

performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, 

lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, 

interacting with others, and working. Major life activities also include the operation of major 

bodily functions, including functions of the immune system, special sense organs and skin, 

normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, 

circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive 

function. (29 CFR 1630.2(i))

Manager. A person in a management job who typically supervises one or more supervisors. 

Mission Area. A group of agencies with related functions that report to the same Under or 

Assistant Secretary. Research, Education, and Economics (REE) is an example of a mission 

area.

Mitigating Measures. Include, but are not limited to: medication, medical supplies, equipment, 

or appliances, low-vision devices (defined as devices that magnify, enhance, or otherwise 

augment a visual image, but not including ordinary eyeglasses or contact lenses), prosthetics 

including limbs and devices, hearing aid(s) and cochlear implant(s) or other implantable hearing 

devices, mobility devices, and oxygen therapy equipment and supplies; use of assistive 

technology; reasonable accommodations or “auxiliary aids or services” (as defined by 42 U.S.C. 

12103(1)); Learned behavioral or adaptive neurological changes; or Psychotherapy, behavioral 

therapy, or physical therapy. (29 CFR 1630.2 (j)(5))

Official Personnel File. The file containing records for a person’s federal employment career. 

Ordinary Eyeglasses or Contact Lenses. Lenses that are intended to fully correct visual acuity or 

eliminate refractive error (eyeglasses or contact lenses that are the wrong prescription, or an 
B-3

outdated prescription, may nevertheless be ordinary eyeglasses or contact lenses, if a proper 

prescription would fully correct visual acuity or eliminate refractive error.)

Personal Assistance Services. Assistance with performing activities of daily living that an 

individual would typically perform if he or she did not have a disability, and that is not otherwise 

required as a RA, including, for example, assistance with removing and putting on clothing, 

eating, and using the restroom. (29 CFR § 1614.203)

Personal Assistance Provider. An employee or independent contractor whose primary job 

functions include provision of PAS. (29 CFR § 1614.203)

Personally Identifiable Information (PII). Any information about an individual maintained by an 

agency, including (1) any information that can be used to distinguish or trace an individual‘s 

identity, such as name, social security number, date and place of birth, mother‘s maiden name, or 

biometric records; and (2) any other information that is linked or linkable to an individual, such 

as medical, educational, financial, and employment information. (DG 0100-002, USDA 

Departmental Directives Definitions Glossary, September 26, 2018)

Physical or Mental Impairment. Any physiological disorder or condition, cosmetic 

disfigurement, or anatomical loss affecting one or more body systems, such as neurological, 

musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, 

reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and 

endocrine; or any mental or psychological disorder, such as an intellectual disability (formerly 

termed ‘‘mental retardation’’), organic brain syndrome, emotional or mental illness, and specific 

learning disabilities. (29 CFR § 1630.2(h))

Qualified. With respect to an individual with a disability, someone who satisfies the requisite 

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

individual holds or desires and, with or without RA, can perform the essential functions of such 

job. (29 CFR § 1630.2(m)) 

Reasonable Accommodation. Change or adjustment to a job application process that helps a 

qualified applicant with a disability to be considered for the job such qualified applicant desires; 

or change or adjustment to the work environment, or to the manner or circumstances under 

which the job held or desired is customarily performed, that helps an individual with a disability 

who is qualified to perform the essential functions of that job; or change or adjustment that helps 

an employee with a disability to enjoy equal benefits and privileges of employment as are 

enjoyed by its other similarly situated employees without disabilities. (29 CFR § 1630.2(o)(1)) 

Rehabilitation Program. In-patient and out-patient programs, as well as appropriate employee 

assistance programs, professionally recognized self-help programs, such as Narcotics 

Anonymous, or other programs that provide professional (not necessarily medical) assistance and 

counseling for individuals who illegally use drugs. (29 CFR Part 1630 Appendix) 

Section 501 of the Rehabilitation Act, as Amended. Section 501 of the Rehabilitation Act of 

1973, as amended, prohibits discrimination on the basis of disability in federal employment, and 

requires agencies to provide RA to a qualified employee or job applicant with a disability, unless 
B-4

doing so would be an undue hardship on the agency. Section 501 also requires the Federal 

Government to be a model employer of persons with disabilities. The standards for determining 

employment discrimination under the Section 501 of the Rehab Act are the same as those used in 

Title I of the ADA.

Staff Office. Departmental administrative offices whose heads report to officials within the 

Office of the Secretary.

Supervisor. An individual employed in USDA having authority, in the interest of an agency, to 

hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline and 

remove employees; to adjust their grievances or to effectively recommend such action, if the 

exercise of the authority is not merely routine or clerical in nature but requires the consistent 

exercise of independent judgment. Except with respect to any unit which includes firefighters or 

nurses, the term “supervisor” includes only those individuals who devote a preponderance of 

their employment time to exercising such authority. 

Targeted Disability. A disability designated as a “targeted disability or health condition” on 

OPM SF-256 or a disability falling under one of the first 12 categories of disability listed in Part 

A of question 5 of the EEOC’s Demographic Information on Applicants Form. (29 CFR § 

1614.203)

Undue Hardship. Significant difficulty or expense in, or resulting from, the provision of the 

accommodation. (29 CFR § 1630.2(p)) 
C-1

APPENDIX C

AUTHORITIES AND REFERENCES

Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §12101 et. seq., January 1, 2009

Controlled Substances Act, 21 U.S.C. § 811, May 1, 1971

Demographic Information on Applicants, OMB No. 3046-0046 , (Update pending)

EEOC, Equal Employment Opportunity Management Directive 715, October 1, 2003

Employment of Individuals with Disabilities, 29 U.S.C. 791, July 26, 2010

Establishment of Official Personnel Folder, 5 CFR § 293.302 , January 24, 1985

Executive Order 13164, Requiring Federal Agencies to Establish Procedures to Facilitate the 

Provision of Reasonable Accommodation, July 26, 2000

Federal Sector Equal Employment Opportunity, 29 CFR Part 1614, December 2, 2009

Federal Service Labor-Management Relations Statute, 5 U.S.C. Chapter 71, October 13, 1978

Federal Travel Regulations, Part 301-13, 41 CFR 301, April 26, 2006

Merit System Principles, 5 U.S.C. 2301, October 13, 1978

OPM, SF-256, Self-Identification of Disability Form, October 2016

Personnel Records, 5 CFR Part 293, November 9, 1979

Pregnancy Discrimination Act of 1978, October 31, 1978

Privacy Act of 1974, 5 U.S.C. Section 552a, as amended, December 31, 1974

Privacy Procedures for Personnel Records, 5 CFR Part 297, January 26, 1988

Prohibited Personnel Practices, 5 U.S.C. Section 2302, October 31, 1998

Regulations to Implement the Equal Employment Provisions of the Americans With Disabilities 

Act, 29 CFR Part 1630, July 26, 1991

Schedules of Controlled Substances, 21 U.S.C. §812, November 9, 1990

Section 508 of the Rehabilitation Act of 1973, as amended in 1992 and 1998, 29 U.S.C. § 794 (d)
C-2

USDA, Form AD-1163, Request for or Confirmation of Reasonable Accommodation/Personal 

Assistance Services

USDA, Form AD-1164, Reasonable Accommodation and Personal Assistance Services

Employee Approval Form

USDA, Form AD-1165, Reasonable Accommodation and Personal Assistance Services

Employee Denial Form

USDA, Plan for a Drug Free Workplace, April 19, 2011

USDA, DG 0100-002, USDA Departmental Directives Definitions Glossary, September 26, 

2018

USDA, DR 2300-005, Agriculture Travel Regulation, December 8, 2015

USDA, DR 4070-771-001, Administrative Grievance System, September 10, 2019

USDA, DR 4430-792-2, Drug-Free Workplace Program, April 14, 2011

USDA, DR 4080-811-002, Telework Program, January 4, 2018

USDA, DR 4200-001, Workplace Violence and Response Program, April 17, 2013