U.S. Equal Employment Opportunity Commission

Questions and Answers: Federal Agencies' Obligation to Provide Personal Assistance Services (PAS) 

under Section 501 of the Rehabilitation Act, September 18, 2017

On January 3, 2017, the Equal Employment Opportunity Commission (EEOC or Commission) amended 

the regulations implementing Section 501 of the Rehabilitation Act of 1973 (Section 501), the law that 

prohibits the federal government from discriminating in employment on the basis of disability and 

requires it to engage in affirmative action for people with disabilities.

As part of the agencies' obligation to engage in affirmative action, federal agencies are required by the 

new regulations to provide Personal Assistance Services (PAS) to individuals who need them because of 

certain disabilities. See 29 C.F.R. § 1614.203(d)(5). PAS are services that help individuals who, because of 

targeted disabilities, require assistance to perform basic activities of daily living, like eating and using the 

restroom. This document answers some common questions about this new regulatory requirement. 

Background

1. What do the new regulations say about PAS? 

The regulations require federal agencies to provide PAS, in addition to reasonable accommodations, to 

certain employees who have targeted disabilities unless doing so would impose an undue hardship on 

the agency. They also state that an agency cannot discriminate against an individual based on the need 

for PAS.

2. Why do the regulations include the requirement to provide PAS? 

Some individuals with targeted disabilities cannot work unless PAS are provided to them in the 

workplace. The services will allow such individuals to enjoy the opportunity and independence offered 

by paid employment. They also will reduce the amount of taxpayer funds spent on public disability 

benefits by allowing such individuals to receive paid jobs in the competitive workplace.

3. When must agencies start complying with the new PAS requirement? 

Agencies will be required to provide PAS beginning on January 3, 2018, one year after the regulations 

were issued. This is called the "applicability date." The delayed applicability date will allow agencies to 

modify their existing practices. EEOC will provide agencies with training and technical assistance during 

the time leading up to the applicability date.

4. Are there any reporting requirements regarding the agency's implementation of the PAS 

procedures? 

Yes. Each agency will be required to prepare annually, and submit to EEOC for approval, an affirmative 

action plan that includes a copy of its PAS procedures and information on its efforts to implement them.

Do the New Regulations Apply to My Organization?

5. Do the new regulations apply to all federal agencies? 

Yes. All federal agencies, including federal agencies with fewer than 1000 employees, are subject to the 

new regulations, including the sections that require PAS. There are no waiver provisions for small 
agencies or blanket exclusions; all agencies are expected to budget for PAS just as they would for 

reasonable accommodations under the Rehabilitation Act.

6. Does the PAS requirement apply to private businesses? 

No. These regulations apply only to the federal government and do not apply to private businesses.

7. Does the PAS requirement apply to federal contractors, recipients of federal funds, or state and 

local government employers? 

No. Note, though, that federal contractors are subject to a different set of affirmative action 

requirements under Section 503 of the Rehabilitation Act. The new Section 501 regulations do not affect 

those requirements.

What Are PAS?

8. Do the new regulations define PAS? 

Yes. The regulations state that "PAS" means "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 reasonable accommodation, including, for example, assistance with removing and putting 

on clothing, eating, and using the restroom." The regulations do not attempt to list every activity that 

might constitute PAS. For example, someone providing PAS might push a wheelchair or assist someone 

with getting into or out of a vehicle at the worksite.

9. Do PAS include medical services? 

No. PAS do not include, for example, performing medical procedures (e.g., administering shots) or 

medical monitoring (e.g., monitoring blood pressure).

10. Do PAS include helping an individual with a targeted disability to perform his or her own job 

functions? 

No. PAS allow individuals to perform activities of daily living that an individual would typically perform if 

he or she did not have a disability. PAS do not help individuals with disabilities perform their specific job 

functions, such as reviewing documents or answering questions that come through a call-in center. PAS 

differ from services that help an individual to perform job-related tasks, such as sign language 

interpreters who enable individuals who are deaf to communicate with coworkers, and readers who 

enable individuals who are blind or have learning disabilities to read printed text. Those services are 

required as reasonable accommodations, if the individual needs them because of a disability and 

providing them does not impose undue hardship on the agency. An agency's obligation to provide 

reasonable accommodations is unaffected by the new regulations.

When Must an Agency Provide PAS?

11. Do the new regulations place limits on an agency's obligation to provide PAS? 

Yes. Agencies are only required to provide PAS to an individual if:

• the individual is an employee of the agency;

• the individual has a targeted disability;
• the individual requires the services because of his or her targeted disability;

• the individual will be able to perform the essential functions of the job, without posing a direct 

threat to safety, once PAS and required reasonable accommodations have been provided; and

• providing PAS will not impose undue hardship on the agency.

12. What are "targeted disabilities"? 

Targeted disabilities are a subset of conditions that would be considered disabilities under the 

Rehabilitation Act. The federal government has recognized that qualified individuals with certain 

disabilities face significant barriers to employment, which for some people may include lack of access to 

PAS in the workplace, that are above and beyond the barriers faced by people with the broader range of 

disabilities. The federal government calls these "targeted disabilities."

A list of targeted disabilities can be found here: https://www.opm.gov/Forms/pdf_fill/sf256.pdf. Note, 

however, that not everyone with a targeted disability will be entitled to PAS under the new regulations, 

because only some individuals with targeted disabilities require assistance with basic activities like 

eating and using the restroom. Medical conditions that are more likely to result in the need for PAS 

include, for example, missing limbs or paralysis due to spinal cord injury. 

13. Does the requirement apply to both existing employees and to new employees? 

Yes. Agencies must provide PAS to an employee if the conditions listed in the answer to Question 11 

have been met, regardless of when the employee was hired. Even if an existing employee who is 

entitled to PAS under the regulations has arranged for his or her own PAS in the past, the agency will be 

responsible for providing PAS beginning on the regulations' applicability date, provided that the 

conditions listed in the answer to Question 11 have been met.

14. Are agencies required to provide PAS during work-related travel? 

When an agency's assignment of work-related travel results in an employee's inability to rely on his or 

her usual source of PAS during both work and off-work hours, agencies are required to provide PAS at all 

times during that work-related travel, independent of the new regulations, as a reasonable 

accommodation (absent undue hardship). Additionally, even if an employee's usual PAS provider is 

available during work-related travel, agencies are required to pay any additional costs related to 

providing PAS while on travel, such as transportation costs for the PAS provider, as a reasonable 

accommodation.

15. Are agencies required to provide PAS to help employees commute to work? 

No. Agencies are only required to provide PAS when the individual is working, unless he or she is on 

work-related travel (see answer to Question 14).

16. Are agencies required to provide PAS during telework? 

Yes, if the conditions listed in the answer to Question 11 have been met and the individual is entitled to 

telework under the agency's telework policy or as a reasonable accommodation. Agencies are cautioned 

not to revoke an individual's permission to telework because he or she is entitled to PAS under the new 

regulations.

17. Are agencies required to provide PAS during employer-sponsored events such as holiday parties? 
Yes. Under the new regulations, federal agencies must, as a matter of affirmative action, provide PAS for 

employees to participate in employer-sponsored events, to the same extent as they must provide 

reasonable accommodations. The Rehabilitation Act requires reasonable accommodations that enable 

employees with disabilities to enjoy "benefits and privileges of employment," equal to those enjoyed by 

similarly situated employees without disabilities. Benefits and privileges of employment include physical 

access to spaces available to all employees (such as cafeterias or break rooms), employer-sponsored 

training, and employer-sponsored social events.

Who Will Perform the Services?

18. Are PAS providers federal employees or contractors? 

Agencies may use federal employees, independent contractors, or a combination of employees and 

contractors. Agencies also have discretion as to how to classify their PAS providers concerning pay 

grade, benefits, and leave.

19. May agencies ask existing employees to provide PAS? 

It depends on the situation. It is not appropriate to require someone who does not provide PAS or 

similar services as part of his or her job to assist another employee with tasks such as eating and using 

the restroom.

However, the regulations do not prohibit agencies from assigning the responsibility to perform a 

personal assistance service to an existing employee who already performs a similar service as part of his 

or her regular job. Agencies that use this strategy should ensure that the resulting number of providers 

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

20. Are agencies permitted to utilize a pool of PAS providers, rather than assign one PAS provider to 

each employee who needs one? 

Yes, as long as each individual who is entitled to PAS under the regulations receives them in a timely 

manner. If utilizing a pool of providers would foreseeably result in some individuals not receiving 

services when they are needed, the agency should increase the number of available providers or arrange 

for dedicated PAS providers.

21. Must an agency consider an employee's choice of a particular PAS provider? 

If an agency is hiring a PAS provider who will be assigned to a single individual, and if that individual 

prefers a particular provider (e.g., because the provider has worked with him or her in the past), the 

agency must give primary consideration to the employee's choice to the extent permitted by law. 

However, it may not be possible to honor the individual's preferences in all cases. An agency may 

choose a different provider if, for example, the individual's preferred provider is not qualified or less 

qualified than another applicant, if the agency decides to utilize a pool of shared providers instead of 

dedicated providers, for reasons of cost or convenience (see answer to Question 20), or if the agency 

decides to have appropriate existing employees provide PAS, again, for reasons of cost or convenience 

(see answer to Question 19).

22. Is the agency required to find a PAS provider of the same gender as the employee? 
Although PAS include assistance with activities that may be considered personal, PAS providers render 

this assistance in a professional capacity. The central question is whether the individual can provide the 

necessary services. Generally, providers of one gender are no more qualified than those of another to 

provide such services. However, as noted in the answer to Question 21, when hiring a PAS provider who 

will be assigned to a single individual, the agency must give primary consideration to the employee's 

preferences to the extent permitted by law.

23. Is an employee permitted to bring his or her own PAS provider to work instead of having the 

agency provide one? 

An individual may request permission to bring his or her own PAS provider to work as a reasonable 

accommodation if the individual does not request that the agency assume the cost of providing the 

services. However, if the individual wants the agency to assume the cost of providing the services, the 

agency may have reasons to choose a different provider (see answer to Question 21).

24. What if the position held or sought by the individual with a targeted disability requires a security 

clearance? 

If an individual's PAS provider would have access to classified information, the agency should find a 

provider who has, or who likely could get, the appropriate security clearance. The Commission 

acknowledges that, under some circumstances, finding such a provider may be sufficiently difficult as to 

constitute an undue hardship. If an individual with a targeted disability is unable to perform essential job 

functions because an appropriate provider cannot be found, the agency may consider the individual to 

be unqualified for the position.

25. What happens if the person who provides PAS for an employee is unavailable? 

An agency should instruct PAS providers to notify it of any absences as soon as possible, so that it can 

make alternative arrangements. Such arrangements could include, for example, contracting with 

different providers on a short-term basis, adjusting the schedules of shared PAS providers if the agency 

utilizes any, or allowing the individual to telework if the employee can work at home without the need 

for PAS provided by the agency.

26. Are agencies permitted to assign non-PAS job functions to PAS providers? 

Yes. Many agencies that currently provide PAS employ individuals who also do other work-related tasks. 

Sometimes these work-related tasks are those that are required as a reasonable accommodation (see 

the answer to Question 10). Other times, the work-related tasks are the type that any assistant would 

provide. However, if an agency does assign additional duties to its PAS providers, it should ensure that 

those duties do not interfere with provision of PAS, and that all individuals who are entitled to PAS 

continue to receive them in a timely manner.

27. Where can an agency find PAS providers? 

Applicants for PAS provider positions may be found in the same way that applicants for other positions 

are located-by advertising the opening on USAJOBS and other job posting boards. Additional resources 

include local vocational rehabilitation offices, American Job Centers, centers for independent living, 

home care agencies, and the individual who requested PAS. Additionally, some contractors are available 

through GSA Advantage. 
What Is the Process for Getting PAS?

28. How does an employee request PAS? 

As with reasonable accommodation, an individual may request PAS by informing a supervisor, human 

resources professional, or other suitable individual that he or she needs assistance with daily life 

activities because of a medical condition. The individual does not need to mention Section 501 or the 

EEOC's regulations explicitly, or use terms such as "PAS" or "affirmative action" to trigger the agency's 

obligation to consider the request.

29. Is providing PAS an HR/OCHCO function or an EEO/OCR function? 

Each agency may determine whether to assign the responsibility of processing requests for PAS and 

arranging for PAS to HR/OCHCO or EEO/OCR staff, provided that they are given sufficient resources and 

training to comply with the new regulations. However, the regulations provide that the process for 

requesting PAS, the process for determining whether such services are required, and the agency's right 

to deny such requests when provision of the services would pose an undue hardship, are the same as for 

reasonable accommodations. See 29 C.F.R. § 1614.203(d)(5)(v). gencies therefore may find it most 

effective to assign responsibility for providing PAS to a Disability Program Manager, if the agency has 

one, or to the individual(s) responsible for processing requests for reasonable accommodation. 

30. Are agencies required to have written procedures for processing requests for PAS? 

Yes. Many federal employees will be unfamiliar with the new PAS requirement, so it is important to have 

written procedures in place by the time the regulations come into effect. An agency may create separate 

PAS procedures or, alternatively, state in its reasonable accommodation procedures that the process for 

requesting PAS, the process for determining whether such services are required, and the agency's right 

to deny such requests when provision of the services would pose an undue hardship, are the same as for 

reasonable accommodations.

31. When may an agency deny a request for PAS? 

The agency is only required to provide PAS if the requesting employee is entitled to them under the 

regulations. Therefore, an agency may deny a request for PAS if- 

• the requestor is not an employee of the agency;

• the requestor does not have a targeted disability;

• the targeted disability does not create a need for PAS;

• the requester is not able to perform the essential functions of the job, even with PAS and any 

reasonable accommodations;

• the requester would create a direct threat to safety on the job, even with PAS and any 

reasonable accommodations; or

• providing PAS would impose undue hardship on the agency.

32. How does an agency determine whether an individual has a targeted disability that creates a need 

for PAS? 

To determine whether a requesting individual is entitled to PAS, and, if so, the nature of the required 

services, an agency should ask the employee what types of PAS he or she needs using the same type of 
informal, interactive process used for reasonable accommodation. The agency should expect the 

process to be brief in most cases. An employee is not likely to request assistance with activities such as 

eating or using the restroom unless it is truly necessary, and, in general, such assistance is only 

necessary for individuals who have obvious targeted disabilities like paralysis and missing limbs. Where 

it is obvious that an employee has a targeted disability and needs the requested services, the agency 

may not require the individual to provide medical documentation in support of the request.

For further information on the interactive process, see the EEOC's Enforcement Guidance on Reasonable 

Accommodation and Undue Hardship Under the Americans With Disabilities Act.

33. How does an agency determine whether providing PAS would impose undue hardship on the 

agency? 

Under the new regulations, the term "undue hardship" has the same meaning that it has in the 

reasonable accommodation context. Granting a request for PAS will impose undue hardship on an 

agency if it would result in "significant difficulty or expense." The regulations emphasize that, as with 

reasonable accommodation, the determination of whether granting an individual's request for PAS 

would impose "significant" difficulty or expense must take into account all resources available to the 

agency as a whole.

34. Are there enforcement provisions in the event that an agency denies a request for PAS? 

Agencies that fail to meet any of the regulation's requirements risk having their affirmative action plans 

disapproved. EEOC will work with agencies to achieve compliance with all such requirements. However, 

where such efforts are not successful, the Chair of the EEOC may issue a notice to the head of any such 

noncompliant agency and publicly identify the agency. See 29 CFR § 1614.102 (e). As set forth in the 

preamble, the regulation takes no position on the availability of a private remedy for affirmative action 

obligations. The EEOC believes that its procedural regulations governing complaints of discrimination in 

the federal sector, found at 29 CFR §1614, subpart A, are the most appropriate place to address this 

question. 

35. Are there confidentiality requirements and/or privacy considerations involved in providing PAS? 

Yes. The Rehabilitation Act prohibits the disclosure of medical information except in certain limited 

situations. Generally, information that is otherwise confidential under the Rehabilitation Act may be 

shared only with individuals involved in the PAS process who need to know the information to consider 

PAS for a specific individual.

36. May an employer require an individual requesting PAS to self-identify as a person with a targeted 

disability on a form, such as OPM's SF 256? 

No. An agency cannot require an employee to complete a self-identification form regarding whether he 

or she is an individual with a disability, such as OPM's voluntary "Self-Identification of Disability" form 

(SF-256) or any other self-identification form. The agency also cannot make completion of the form a 

condition of receiving PAS. Note, however, that the agency still may be able to count an individual who 

is receiving PAS in its annual disability workforce analysis, even if the individual does not self-identify as 

having a disability. See 29 C.F.R. § 1614.203(d)(6)(ii). 

How are PAS Funded?
37. Which part of the agency's budget pays for PAS? 

Agencies may structure their own budgets as they see fit. However, the resources available to the 

agency as a whole are considered when determining whether an agency can provide PAS without undue 

hardship. In the Commission's experience, it is easier for individuals within an agency to determine 

whether the agency as a whole has sufficient resources to cover a disability-related expense, such as the 

cost of a reasonable accommodation, if such funds are drawn from a centralized account. The EEOC has 

produced several resources explaining the undue hardship standard. See, e.g., EEOC, Enforcement 

Guidance: Reasonable Accommodation and Undue Hardship Under the Americans With Disabilities Act 

(2002), https://www.eeoc.gov/policy/docs/accommodation.html.

38. Is an agency required to provide PAS if the individual can rely on outside sources to provide them 

at no cost or a reduced cost? 

Agencies are entitled to consider all available resources when arranging for PAS, including outside 

sources that are already providing PAS or are willing to provide PAS at their own expense, such as a state 

or veterans' rehabilitation agency. However, agencies are ultimately responsible for ensuring that the 

services are provided in a timely manner and cannot rely on the fact that an outside source has 

promised to, or is otherwise obligated to, provide PAS as a reason for denying an employee's request.

39. Is an agency required to pay an employee's family member who provides PAS at work, but who 

also performs PAS off the job without compensation? 

Yes. If that family member is hired as a professional PAS provider at a federal agency, the agency must 

compensate the family member as either a contractor or federal employee. 

40. Are there legal prohibitions against using agency funds to purchase some kinds of personal 

services that may be needed by an individual with a targeted disability? 

No. Although federal agencies are generally not permitted to expend appropriated funds on personal 

expenses for employees, see 3 Comp. Gen. 433 (1924), those restrictions do not apply to services that 

agencies are legally required to provide in order to comply with Section 501. (See 4 GAO-RB pt. C, s. 13 

(2015) (explaining that "agencies may expend appropriated funds to accomplish the purposes of the 

Rehabilitation Act when acting under the Act's authority and the regulatory standards that govern its 

application")).

41. Won't PAS be too expensive? 

The number of individuals with the types of disabilities that require assistance in activities of daily living 

and who will apply for federal employment is very low. However, in the unlikely event that the 

resources available to the agency as a whole are insufficient to grant a particular individual's request for 

PAS, the agency may deny the request on the grounds that it would impose an undue hardship. The 

process of determining whether providing PAS is an undue hardship is the same as the agency uses to 

determine whether a reasonable accommodation poses an undue hardship.

https://www.eeoc.gov/federal/directives/personal-assistance-services.cfm