TRANSMITTAL

United States of America DEPARTMENT OF COMMERCE DEPARTMENT 

ADMINISTRATIVE ORDER 215-10

DEPARTMENT ADMINISTRATIVE ORDER 

SERIES 

DATE OF ISSUANCE EFFECTIVE DATE 

SUBJECT 

REASONABLE ACCOMMODATION FOR EMPLOYEES 

OR APPLICANTS WITH DISABILITIES 

SECTION 1. PURPOSE. 

.01 This Order establishes Department of Commerce (the Department) policies and procedures for 

providing reasonable accommodation to qualified employees or applicants for employment with 

disabilities in compliance with applicable laws and regulations. It also designates responsibilities and 

describes procedures for submitting and responding to requests for reasonable accommodation. 

.02 Further, this Order establishes procedures for providing Personal Assistance Services (PAS), in 

accordance with the expanded requirements of Section 501 of the Rehabilitation Act of 1973 (Rehab 

Act), as amended, and guidance from the U.S. Equal Employment Opportunity Commission (EEOC). 

.03 Finally, this revision updates, clarifies, or establishes procedures for requesting reassignment, 

other-than-coach class (Premium-class) travel, telework, and parking as a reasonable 

accommodation. 

.04 Further, the provision of this Order will apply to persons requesting a reasonable 

accommodation under the new Pregnant Workers Fairness Act (PWFA). Although, pregnancy is not 

a disability, a request for reasonable accommodation under PWFA will be processed in the same 

manner as a request for reasonable accommodation for persons with disabilities. Implementation is 

subject to minor revision pending future guidance from the U.S. Equal Employment Opportunity 

Commission. For more information on PWFA see Appendix E.3. 

SECTION 2. AUTHORITY/REFERENCES. 

The Rehabilitation Act of 1973, as amended; Executive Order (E.O.)13164, Establishing Procedures to 

Facilitate the Provision of Reasonable Accommodation (RA), dated July 26, 2000; 29 United States Code 

(U.S.C.) Section 791 et seq.; 29 Code Federal Regulations (CFR) Part 1614.203; Title I (Employment) of 

the Americans with Disabilities Act (ADA) of 1990, as amended, 42 U.S.C. §§ 12101 et seq.; 29 C.F.R. 

part 1630; and the Americans with Disabilities Act Amendments Act (ADAAA) of 2008, PL 110-325 (S. 

3406); EEOC Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under 

the ADA, dated October 2002; EEOC Policy Guidance on E.O. 13164, dated October 2000; Privacy Act 

of 1974, as amended, 5 U.S.C. § 552a; and COMMERCE/DEPT-18, Employees Personnel Files Not 

Covered by Notices of Other Agencies. 

SECTION 3. POLICY. 

.01 It is the policy of the Department to provide equal opportunity for individuals with disabilities in 

accordance with the Rehab Act and to fully comply with other legal and regulatory requirements that 

ensure that all aspects of employment, including the application process, are made fully accessible to all 

employees and applicants. No qualified employee may be denied the benefits of a program, training, or 

1500

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DAO 215-10 - 2 - 3.02 

activity conducted, sponsored, funded, or promoted by the Department, or otherwise be subjected 

to discrimination on the basis of disability. The Department is committed to providing reasonable 

accommodation to applicants and employees with disabilities unless the Department can 

demonstrate that providing a particular accommodation would impose an undue hardship on the 

operation of its programs. 

.02 The Department will provide reasonable accommodation in a prompt, fair and efficient 

manner to individuals with disabilities who are: (1) applicants and request an accommodation to 

participate in the application process, or (2) qualified employees that request an accommodation to 

enable them to perform the essential functions of the job, gain access to the workplace, or enjoy 

equal benefits and privileges of employment as are enjoyed by similarly situated employees 

without disabilities.

.03 The Department is not required to excuse conduct that would result in the taking of 

disciplinary action solely based on the fact that an employee has a disability. An employee with a 

disability who fails to meet performance standards or whose conduct is inappropriate will receive 

the same treatment as an employee without a disability. In most cases, documentation of poor 

performance or misconduct will be collected, and the employee advised that there are issues of 

concern. Supervisors are cautioned to focus on employees’ performance and not their medical 

condition or disability. As with any employee, an employee with a disability who fails to address 

identified performance or conduct issues may be subject to counseling, suspension, and even 

termination. An employee with a disability has the same right to appeal personnel actions, as an 

employee without a disability. Consult the Bureau’s servicing Employee Relations or Human 

Resources Office for more information.

SECTION 4. SCOPE. 

The provisions of DAO 215-10 apply to all Department of Commerce employees, in all 

Bureaus/Operating Units, and applicants seeking employment with the Department. This policy 

takes precedence over any Bureau/Operating Unit policy or procedures that may conflict with the 

contents of this DAO. 

SECTION 5. DEFINITIONS. 

.01 Benefits and Privileges of Employment. This includes, but is not limited to, employer 

sponsored: (1) training, (2) services (e.g., employee assistance programs, credit unions, cafeterias, 

lounges, gymnasiums, auditoriums, transportation), and (3) parties or other social functions (e.g., 

parties to celebrate retirements and birthdays, and office outings). If an employee with a disability 

needs a reasonable accommodation to gain access or to have an equal opportunity to participate in 

these benefits and privileges, then the Department, must provide a reasonable accommodation 

unless it can show undue hardship.

.02 Deciding Management Official (DMO). Refers to the person with the authority to grant 

or deny an employee’s request for reasonable accommodation. Usually, the employee’s first line 

supervisor or a management official in the employee’s chain of command. For applicants for 

employment, the Servicing Human Resource Office (SHRO) responsible for the recruitment 

and/or selection process will serve as the DMO for accommodation requests. 

.03 Department. Refers to the Department of Commerce, including all Bureaus and 

Operating Units. 
5.04 - 3 - DAO 215-10 

.04 Disability. With respect to an individual, a disability is (1) a physical or mental 

impairment that substantially limits one or more major life activities; (2) a record (history) of such 

impairment; or (3) being regarded as having such an impairment. However, agencies are not 

required to provide an accommodation to an individual who meets the definition of disability 

solely on the basis that he or she is “regarded as” disabled. In this policy, all references to 

''disability'' refer to only those impairments that meet the ADA/Rehab Act definition of ''disability'' 

as amended by the ADAAA. The expanded definition of ''disability'' is to be interpreted broadly 

and does not require an extensive analysis.

.05 Essential Functions. 

a. The fundamental (most important or critical elements) job duties that must be performed to

achieve the objectives of the employment position the individual with a disability holds or desires.

The term “essential functions” does not include the “marginal functions” of the position -- tasks or

assignments that are not essential or less important.

b. A job function may be considered ''essential'' if, among other things, the reason the position

exists is to perform that function; or there are a limited number of available employees who could

perform the function if it were assigned to them; or the function is specialized, and the incumbent

is hired based on his or her expertise or ability to perform it. Therefore, the removal of essential

job duties is not a reasonable accommodation.

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

avoided in advance of the request for accommodation, or that are beyond the Department’s ability 

to control, that will delay the consideration or provision of a reasonable accommodation. This 

would include limited situations in which unforeseen or unavoidable events prevent prompt 

processing and delivery of an accommodation. For example, waiting for needed medical 

information from an individual’s health care provider, waiting for equipment that is on back-order 

and cannot be otherwise obtained, or other factors outside an agency’s control. Delays in the 

processing of a reasonable accommodation because a particular staff member is unavailable or 

delays with respect to reviews of medical documentation by the Department’s medical expert, are 

not extenuating circumstances.

.07 Interactive Process. Mutual sharing of information and ideas between the requester and 

the DMO to clarify the specific nature of the disability and identify appropriate reasonable 

accommodations. The Reasonable Accommodation Coordinator (RAC) generally facilitates this 

informal communication which may include communicating with the requester to clarify the 

request, obtaining and exchanging information with the requester regarding needs and alternatives, 

obtaining additional information from the employee’s physician, searching for solutions, 

consulting internal and external resources, determining whether the requester is an individual with 

a disability, evaluating possible accommodations, issuing a decision on the request, and if granted, 

providing the accommodation.

.08 Major Life Activities. This includes, but is not limited to, 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. Also, included is 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, 
DAO 215-10 - 4 - 5.09 

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. 

.09 Mitigating Measures. 

a. Mitigating measures eliminate or reduce the symptoms or impact of an impairment. For

example, a person uses medication to eliminate migraines or a cane to help with walking. The

ADAAA and final regulations prohibits assessing the positive effects of mitigating measures on an

impairment in determining if an individual meets the definition of ''disability.''

b. The only mitigating measures that may be considered in determining a requester’s

“disability” status are ordinary eyeglasses or contacts intended to fully correct the vision of an

employee or applicant for employment. All other determinations – including the need for a

reasonable accommodation and whether an individual poses a direct threat to themselves or others

– can take into account both the positive and negative effects of a mitigating measure.

c. If an individual with a disability uses a mitigating measure that results in no negative

effects and eliminates the need for a reasonable accommodation, then the agency will have no

obligation to provide a reasonable accommodation. An agency cannot require an individual to

use a mitigating measure, but failure to use a mitigating measure may affect whether an individual

is qualified for a particular job or poses a direct threat.

d. The ADAAA provides a non-exhaustive list of examples of mitigating measures which

include medication, medical equipment and devices, hearing aids, mobility devices, use of

assistive technology, reasonable accommodations, and learned behavioral or adaptive neurological

modifications.

.10 Personal Assistance Services (PAS). PAS allow employees with certain targeted 

disabilities to fully participate in the workplace by providing assistance with activities of daily 

living, such as eating, drinking, using the restroom, and putting on and taking off clothing. For 

many individuals with targeted disabilities, such as paralysis or cerebral palsy, full participation in 

the workplace is impossible without such services. 

.11 Physical or Mental Impairment. 

a. A physical impairment is 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.

b. A mental impairment is 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.

c. An impairment that is episodic or in remission, is a disability if it would substantially limit

a major life activity when active (i.e. epilepsy, cancer).
5.11d. - 5 - DAO 215-10 

d. An employee with a temporary impairment that substantially limits a major activity (i.e.,

broken leg), although not a disability, is entitled to a reasonable accommodation.

e. Pregnancy is not an impairment and therefore cannot be a disability. Certain

impairments resulting from pregnancy (e.g., gestational diabetes), however, may be considered a

disability if they substantially limit a major life activity, or otherwise meet the definition of

disability.

.12 Qualified. With respects to an individual with a disability, “qualified” means that the 

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

the employment position he or she holds or desires and, with or without reasonable 

accommodation, can perform the essential functions of the position. An individual who poses a 

direct threat to the health and safety of him/herself or others, with or without accommodation, such 

that the individual poses a significant risk of substantial harm, is not a qualified individual with a 

disability. Determining whether an individual poses a direct threat requires an individualized 

assessment based on objective, scientific information. See Section 5.09 for the impact that 

mitigating measures have on determinations as to whether specific conditions or impairments are 

covered disabilities. 

.13 Reasonable Accommodation. An accommodation is any change in the work environment 

or in the way things are customarily done that enables an individual with a disability to enjoy equal 

employment opportunities. An accommodation must be effective in meeting the needs of the 

individual. In the context of job performance, this means that a reasonable accommodation 

enables the individual to perform the essential functions of the position. 

a. There are three categories of reasonable accommodation:

1. Modifications or adjustments to a job application process that enable a qualified applicant

with a disability to be considered for the position such qualified applicant desires. For example,

appropriate adjustments or modifications of examinations, training materials, or policies that will

allow applicants to fully participate in the application process.; or

2. Modifications or adjustments to the work environment, or to the manner or circumstances

under which the position held or desired is customarily performed, that enable an individual with a

disability who is qualified to perform the essential functions of that position. For example, job

restructuring, part-time or modified work schedules, telework, acquisition or modification of

equipment or devices, reassignment to a vacant, funded position, as a last resort.; or

3. Modifications or adjustments that enable an employee with a disability to enjoy equal

benefits and privileges of employment as are enjoyed by other similarly situated employees

without disabilities. For example, making existing facilities used by employees readily

accessible to and usable by individuals with disabilities, the provision of assistant services to

help with job functions, such as qualified readers or interpreters.

b. An employer is not required to provide personal use items such as glasses or hearing aids,

nor is the employer required to remove an essential function of the job as a reasonable

accommodation.

c. An employer shall hold employees with disabilities to the same standards of performance

and conduct as other similarly situated employees without disabilities. An employee with a
DAO 215-10 - 6 - 5.14 

disability is expected to meet the same production standards, whether quantitative or qualitative, as 

a non-disabled employee in the same job. Lowering or changing a production standard because an 

employee cannot meet it due to a disability is not considered a reasonable accommodation. 

However, a reasonable accommodation may be required to assist an employee in meeting a specific 

production standard. 

NOTE: It is advisable to give clear guidance to an employee with a disability (as well as all 

other employees) regarding the quantity and quality of work that must be produced and the 

timetables for producing it. 

.14 Reasonable Accommodations Coordinator (RAC). A representative from the 

Bureau/Operating Unit’s servicing Human Resources or EEO office who acts as an impartial 

advisor, providing assistance and information, and has specific duties and responsibilities 

regarding the reasonable accommodation process. The RAC is also responsible for 

administrative tasks such as referring requests to designated deciding officials, collecting and 

tracking information on RA requests. The RAC will not have a decision-making role in any RA 

requests.

.15 Requester. An applicant or employee with a disability who requests 

reasonable accommodations or PAS.

.16 Substantially Limits. To determine whether an individual is ''substantially limited'' in any 

major life activity, as compared to most people in the general population, the EEOC provided the 

following rules of construction:

a. The term ''substantially limits'' must be construed broadly in favor of expansive coverage

to the maximum extent permitted by the ADAAA;

b. An impairment is a disability if it substantially limits (rather than prevents, severely

or significantly restricts) a major life activity;

c. Whether an impairment substantially limits a major life activity should not

demand extensive analysis

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

activity requires an individualized assessment;

e. The comparison of an individual’s performance of a major life activity to the performance

of the same major life activity by most people in the general population usually will not require the

presentation of scientific, medical, or statistical evidence, though the presentation of such evidence

is not prohibited;

f. To show a substantial limitation in the major life activity of working, the individual must

show that the impairment substantially limits his or her ability to perform a “class of jobs or broad

range of jobs in various classes” rather than a “type of work.” Demonstrating a substantial

limitation in performing the unique aspects of a single specific job is not sufficient to establish that

a person is substantially limited in the major life activity of working.

.17 Targeted Disability. A subset of conditions that would be considered disabilities under 

the Rehab Act and for which qualified individuals with certain disabilities (such as blindness, 
5.18 - 7 - DAO 215-10 

deafness, paralysis, convulsive disorders, and certain mental illnesses, among others) have faced 

significant barriers to employment that are above and beyond the barriers faced by people with 

the broader range of disabilities. (See the Office of Personal Management, Self-Identification of 

Disability Form (SF 256, Oct 2016), for a complete list of targeted disabilities.) 

.18 Tolling. To suspend or freeze the running of a time period. Specifically used when a 

requester needs time to obtain adequate medical documentation. The RA process may be 

suspended for a reasonable amount of time to allow the requester time to obtain necessary 

documentation. 

.19 Undue Hardship. Federal agencies do not have to provide accommodations that would 

impose an undue hardship on their operations. Undue hardship refers to accommodations that 

are unduly/excessively extensive, costly, substantial, disruptive, or would fundamentally alter the 

nature or operation of the organization. This determination must be made on a case-by-case 

basis and considers factor such as, the nature and cost of the accommodation requested; the 

overall financial resources of the agency; the number of persons employed by the agency; the 

effect on expenses and resources of the agency; the size, number of employees, type and location 

of organizations, the difficulty in providing a specific accommodation, as well as the impact on 

the operations of the agency. 

SECTION 6. STEP 1: INITIATE A REQUEST FOR REASONABLE ACCOMMODATION 

.01 The reasonable accommodation process begins as soon as an individual makes a request 

for a change to the work environment, or to the manner or circumstances under which the 

position held or desired is customarily performed due to a medical condition. Requests may be 

made orally or in writing. The requestor does not need to have a particular accommodation in 

mind before making the request and need not request a specific accommodation when making an 

initial request for accommodation. The requester also does not have to use any special words, 

such as “reasonable accommodation,” “disability,” or “Rehabilitation Act.” 

.02 A request for accommodation may be made by a family member, health professional, or 

other representative on the individual’s behalf with the individual’s consent. Whenever possible 

the Department will confirm the request with the employee or applicant. 

.03 An employee may make a request for reasonable accommodation at any time to his/her 

supervisor, another supervisor or manager in his/her immediate chain of command, his/her Office 

or Division Director, the EEO Office, or the Bureau RAC. Applicants may request an 

accommodation from any Department employee with whom the applicant has come in contact 

with during the application process (i.e. HR staff, interviewer, hiring official). Accommodations 

may be provided in recurring situations without requiring a new request from the employee each 

time, for example, request for sign language interpreting for an employee who is deaf or hard of 

hearing. 

.04 To enable the Department to maintain accurate records and ensure timely processing, 

employees seeking a reasonable accommodation should confirm their request in writing. The 

written request should be submitted online via Entellitrak RA Tracking System (ETK RA) or using 

Form CD 575, Written Confirmation of Request for Reasonable Accommodation (see Exhibit 1). 

If using Form CD 575, the completed form must be submitted to the Bureau RAC. If the 

requester is unable or chooses not to submit their request in writing, the RAC will input the 

request into ETK RA on behalf of the requester. 
DAO 215-10 - 8 - 6.05 

.05 ETK RA is the Department’s official repository for the RA Confidential Case File (CCF). All 

RA requests will be maintained in ETK RA. After submitting a request, employees may utilize ETK 

RA to track their request throughout the RA process. Job applicants should contact the servicing 

Human Resource Specialist identified in the job announcement or the Bureau HR office to inquire 

about the status of their RA requests. 

.06 All requests for accommodations, whether verbal or written, are required to be addressed 

promptly. Supervisors must promptly report all requests for reasonable accommodations to the 

Bureau RAC for processing and tracking purposes. For decision making purposes, the date a 

written request is received or input into ETK RA, will be considered the “RA request receipt date”. 

SECTION 7. STEP 2: ENGAGE IN THE INTERACTIVE PROCESS. 

.01 If the need for a requested accommodation is obvious and provision of the accommodation 

is straightforward, the DMO who receives the request and has the authority to grant it, should do so 

without delay or further processing. Failure to initiate the processing of a written or oral request 

may result in undue delay in providing reasonable accommodation in violation of the Rehab Act. 

.02 However, when the disability and/or the need for accommodation are not obvious or 

additional information is needed, the DMO must immediately consult the Bureau RAC to engage 

in the “interactive process.” During the interactive process, the RAC will promptly meet with the 

requester and the DMO to explain the RA process and obtain additional information, if necessary. 

The RAC will also assist with determining if the requester has a disability, assess his/her needs and 

the precise functional limitations associated with the impairment, and recommend appropriate 

reasonable accommodation options. 

.03 Further, as a part of the interactive process, the RAC may request, obtain and evaluate 

medical documentation to support an accommodation request when the disability or need for an 

accommodation is not obvious or the requester’s previously submitted medical documentation is 

insufficient. 

.04 It is equally incumbent on both the requester and DMO to actively participate in the 

“interactive process” in order to attain results. Ongoing communication is particularly important 

where the specific disability, limitation, problem, or barrier is unclear; an effective accommodation 

is not obvious; or the parties are considering different possible reasonable accommodations. 

Therefore, the RAC should document all interactive discussions with at least the date, time, 

participants, and key points noted. 

.05 The Department is required to provide an effective accommodation, but not necessarily the 

accommodation desired by the employee or applicant. As a part of the “interactive process”, the 

DMO may offer an alternate reasonable accommodation, but only after discussing its effectiveness 

with the requester and the RAC. This is especially important, when an employee or applicant 

requests an accommodation that would not be effective, would pose an undue hardship, or is 

otherwise not reasonable (e.g., removing an essential job function). The RAC and DMO should 

engage the “interactive process” with the requester until either a reasonable accommodation is 

identified, or it is determined that reasonable accommodation is not possible. The interactive 

process may be utilized at any time throughout the RA process. If more than one accommodation 

is effective, the preference of the requester should be given primary consideration. However, the 

Department has the ultimate discretion to choose among effective accommodations. 
7.06 - 9 - DAO 215-10 

.06 Interim Accommodations. The supervisor/DMO must provide an interim 

accommodation, absent undue hardship, when all the facts and circumstances known to the 

agency make it reasonably likely that the individual will be entitled to an accommodation, but the 

accommodation cannot be provided immediately. Note: If the employee’s disability 

determination is in process, and an appropriate interim accommodation would not have an adverse 

impact on the operation of the unit, the employee should be granted the interim accommodation, 

but informed that this is a temporary action pending final determination of the disability and is not 

a reasonable accommodation. 

SECTION 8. STEP 3: MAKE THE DECISION. 

.01 To avoid unnecessary delays in processing a RA request, the DMO must make a decision 

on an accommodation request as soon as possible. The DMO must notify the Bureau RAC 

immediately if for any reason a decision on a RA request cannot be made within the designated 

timeframe. Failure to provide an accommodation in a prompt manner may result in a violation of 

the Rehab Act (see Section 10. Timeframes). 

a. If the decision is initially communicated orally to the requester, it must be followed up in 

writing as soon as practicable, but usually not later than 20 business days from receipt of the 

written request, barring any extenuating circumstances (see Section 10.05.b). A RA Decision 

Letter template is provided at Exhibit 4 of this DAO. The DMO should consult with the Bureau 

RAC for assistance in developing the decision memo to ensure it contains all required 

notifications. The decision notice must be provided in an accessible format. Accessible format is 

a format that meets an individual’s particular need, including braille or large print. 

b. A copy of all written RA decisions, and any supporting documentation, must be provided 

to the Bureau RAC for tracking and record keeping purposes. 

c. Employees may direct their questions regarding their RA requests to the Bureau RAC. 

Contact information for the Bureau’s RAC can be found on the Office of Civil Rights 

Reasonable Accommodation webpage at https://www.commerce.gov/cr/programs-andservices/reasonable-accommodations-program/reasonable-accommodation-coordinators. Job 

applicants should contact the servicing Human Resource Specialist identified in the job 

announcement or the Bureau HR office. 

.02 GRANTING THE REQUEST. 

a. After the decision to grant the accommodation has been made, the accommodation, to the 

extent possible, must begin or be implemented within 10 business days from the date of the 

decision and be communicated to the requester. 

b. If more than one accommodation is effective, the preference of the individual with a 

disability should be given primary consideration. However, the DMO has the ultimate discretion 

to choose between effective accommodation options. If the granted accommodation is something 

other than what was originally requested, the DMO should explain the reason for the alternate 

accommodation in the written decision. 

c. An individual with a disability is not required to accept the approved accommodation. If 

the requester feels the approved accommodation does not meet her/his needs, she/he may request 

reconsideration (see Section 8.05). 
DAO 215-10. - 10 - 8.02d.

However, if the individual rejects a reasonable accommodation that is necessary to enable him/her 

to perform the essential functions of the position held and, because of that rejection, cannot 

perform the essential functions of the position, the individual may no longer be qualified to remain 

in the position. 

d. Once an accommodation has been granted, the employee should be allowed to keep the

accommodation even after the DMO no longer supervises the employee. In most cases, an

approved reasonable accommodation is long-term. However, in the event an accommodation

needs to be modified, the DMO should check with the RAC before making any changes that are

not requested by the employee.

e. If an employee’s job duties change, the RAC should verify with the employee that the

current accommodation(s) is still needed and effective. When appropriate, adaptive

equipment, electronic technology and/or certain software provided as an accommodation, may

“go with” an employee when transferring to a new DOC location.

.03 DENYING THE REQUEST. 

D Before making a determination to deny an accommodation request, a DMO must consult

the Bureau RAC and Office ofWKH General Counsel (OGC) who can provide advice in determining

whether the proposed accommodation would in fact be unduly/excessively extensive, costly,

substantial, disruptive, or would fundamentally alter the nature or operation of the organization.

E The DMO must consult with the RAC for assistance to explore all possible options before

considering a denial of a request for accommodation, including reassignment.

F If after consultation with the RAC and OGC, the DMO decides to deny the accommodation

request, she/he must provide a written decision notification to the requester as soon as it is made,

but no later than 20 business days from receipt of the RA request.

G The decision letter must explain in detail the specific reason(s) for the denial to include: 1)

why the requested accommodation would not be effective or would cause undue hardship; or 2)

why the medical documentation is inadequate to establish that the individual has a disability or

needs a reasonable accommodation; or 3) the requested accommodation would require the removal

of an essential function; or 4) the requested accommodation requires the lowering of a performance 

or production standard; or 5) the accommodation would create a direct threat to the employee and/

or others. To prevent the DMO from omitting or misstating important information, the denial 

notification should be written using the sample RA Decision Letter at Exhibit 4. Denial

notifications must be reviewed by the Bureau RAC and OGC prior to issuing to the

requester.

H The denial notice must also inform the individual of his/her right to seek redress in an

appropriate forum which may include the Equal Employment Opportunity (EEO) process, the Merit 

System Protection Board, or the appropriate grievance procedure, and the mandatory timeframes. 

See Appendix A, Avenues of Redress, for more information. The denial notice and Avenues of 

Redress must be provided in an accessible format (see Section 8.01a).
8.04 - 11 - DAO 215-10 

.04 Cost of Accommodations. To ensure that individuals with disabilities are not excluded 

from employment due to the anticipated cost of a reasonable accommodation, requests for 

reasonable accommodation should not be denied solely on the reasons of cost. Therefore, 

anyone authorized to grant or deny requests for reasonable accommodation or to make hiring 

decisions should consider the following: 

a. All resources available to the agency as a whole, excluding those designated by statute for 

a specific purpose that does not include reasonable accommodation, are considered when 

determining whether a denial of reasonable accommodation based on cost is lawful; and, 

b. How to arrange for the use of, agency resources available to provide the 

accommodation, including any centralized fund the agency may have for that purpose. 

.05 RECONSIDERATION OF A DENIAL. 

a. If an accommodation request is denied or an alternate accommodation was provided which 

the requester feels is not effective, she/he may request reconsideration of the decision within 15 

business days of the date of the decision letter. The reconsideration must be submitted in writing 

to a designated higher level management official within the requester’s chain of command. The 

reconsideration must include a copy of the decision letter and any additional information or 

arguments the employee wishes to be considered. The requester should also provide a copy of the 

reconsideration request and additional information to the RAC. 

b. Within 5 business days of receipt of a request for reconsideration, the designated higher 

level management official must provide to the requester a written acknowledgement of receipt of 

the reconsideration request. The designated higher level management official may re-engage the 

interactive process, with the assistance of the Bureau RAC, to identify additional effective 

accommodations. The final written decision regarding the reconsideration must be issued to the 

requester within 30 business days from the date the reconsideration request was received. 

c. An employee or applicant who chooses to file an EEO complaint must do so within 45 

calendar days of receipt of a denial notification. This mandatory time limit will not be tolled 

or extended while pursuing reconsideration of a denial or participating in an informal dispute 

resolution process. For more information, see Exhibit A, Avenues of Redress. 

SECTION 9. DECIDING MANAGEMENT OFFICIALS. 

.01 If the official who receives the RA request does not have the authority to grant the request, 

she/he must immediately refer it to the appropriate DMO. The Bureau RAC must also be 

notified. The following information should be used to determine the appropriate DMO: 

a. Requests for accommodation from applicants will be decided by the Human Resources 

official responsible for the recruitment and/or selection process after consulting with the RAC. 

b. Requests for accommodation from employees will be decided by their immediate 

supervisor, whenever possible, or a management official in the employee’s chain of command. 

Denial of an accommodation requires RAC and OGC review. 

c. Requests by employees which involve personnel actions, large expenditures, or other highlevel determinations will be decided by the appropriate Office or Division Director after 

consultation with the RAC and OGC review. 
DAO 215-10 - 12 - 9.01d. 

d. Requests for accessible parking will be decided by the employee’s supervisor in 

consultation with the official responsible for managing/authorizing parking within the employee’s 

duty location and the Bureau RAC. 

e. Requests for reconsideration of a denial of a request for reasonable accommodation will be 

decided by a designated higher-level management official at least one level higher than the 

immediate supervisor. 

02. The RAC will be available to provide guidance and assistance to all DMOs in processing 

requests for reasonable accommodation, including requests for reasonable accommodation 

involving temporary duty travel (TDY), reassignment, and PAS. DMOs must consult with the 

designated Bureau RAC and OGC if considering a denial decision (see Section 8.03 of this 

Order). 

03. All DMOs must have designated alternates to continue receiving and processing RA 

accommodation requests when they are not available. DMOs should ensure that requesters and 

the RAC are informed of the designated alternate. The mandatory timeframes will not be 

suspended or extended because of the unavailability of a DMO (see Section 10 of this Order). 

SECTION 10. TIMEFRAMES. 

01. The reasonable accommodation process begins as soon as an individual makes an oral or 

written request for a change to the work environment, or to the manner or circumstances under 

which the position held or desired is customarily performed due to a medical condition (see 

Section 6 of this Order for details on initiating a request). The time necessary to process a 

request will depend on the nature of the accommodation requested and whether there is a need 

to obtain supporting information. 

.02 The timeframes established will not be suspended or extended because of the unavailability 

of the DMO. Therefore, the DMO is required to designate a DMO in his or her absence and 

inform the RAC of the contact information for the designee (see Section 8.01 of this Order). 

Failure to timely process and respond to a request for reasonable accommodation could provide 

the basis for a finding that the Department violated the Rehab Act. Therefore, supervisors and 

managers who serve as DMOs must be made aware that willful or deliberate delays in providing a 

reasonable accommodation may result in disciplinary action, up to and including, removal from 

Federal Service, in accordance with DAO 202-751, ''Discipline.'' 

.03 Normal Timeframes. If a request can be processed without supporting medical 

documentation, and no extenuating circumstances apply, the decision to grant or deny it must be 

completed in no more than 20 business days from the date the employee makes the request. The 

accommodation, if approved, must be implemented within 10 business days of the date the request 

was approved, to the extent practicable. When a particular reasonable accommodation can be 

provided in less than the maximum amount of time permitted, it should be provided immediately. 

Failure to provide the accommodation in a prompt manner may result in a violation of the Rehab 

Act. 

.04 Expedited Timeframes. In certain circumstances, a request for reasonable accommodation 

requires an expedited review and decision in a time frame that is shorter than 20 business days. 

Examples of circumstances requiring expedited processing include provision of accommodations 

during the job application process or to enable an employee to attend a meeting or event on a 
10.05 - 13 - DAO 215-10 

specific date. If a particular reasonable accommodation can be granted in less time than authorized 

in this Order, it must be provided. 

.05 Circumstances for Tolling Timeframes.

a. Medical Documentation. RA requests that require medical documentation may necessitate 

tolling or freezing the timeframe temporarily. If it has been determined that it is necessary to 

obtain medical documentation to determine whether the requester is an individual with a disability, 

or to determine functional limitations, or need for requested accommodation(s), the time period for 

the decision process may be tolled until appropriate medical documentation is provided. The 

amount of additional time must be reasonable and will be determined case-by-case. However, 

timely decision making is critical in the reasonable accommodation process. For example, 3 days 

after an accommodation is requested, the RAC determines that documentation is needed to 

substantiate whether the employee has a disability and needs the requested accommodation. If the 

request for the needed medical documentation is made on that same day, there will be 17 days 

remaining to process and make a decision on the accommodation request after the employee has 

provided appropriate documentation. The time frame during which the RAC is waiting to receive 

the requested documentation from the individual or his/her health care provider, will be excluded 

from the mandatory 20-day decision making time frame. 

b. Extenuating circumstances. Beyond the need for obtaining medical documentation, there 

may be limited situations which require tolling the timeframes. For example, where prompt 

processing and delivery of an accommodation is delayed due to events that could not have 

reasonably been anticipated or avoided. Absence from the office is not an extenuating 

circumstance (see definition at Section 5.06.). The DMO must notify the requester of any 

extenuating circumstances or delays and give an approximate date when a decision should be 

expected. If there is a delay in providing an accommodation which has been approved, the 

DMO should determine if temporary measures can assist the employee. The following are nonexhaustive examples of extenuating circumstances:

1. The procurement of equipment or services is delayed because of requirements under the 

Federal Acquisitions Regulations and Departmental procurement policies;

2. The employee with a disability needs to work with the equipment on a trial basis to ensure 

that it is effective before the actual purchase; 

3. The delivery of goods and services is delayed not due to any action of the Department;

4. An accommodation involves the removal of architectural barriers which may require 

additional time to address historic preservation issues.

c. Reassignment. After it has been determined that an employee with a disability is no 

longer able to perform the essential functions of his/her current position, with or without an 

accommodation, the Bureau may begin a search for a vacant funded position for reassignment. 

The vacant-funded search may be extended to 60 calendar days to allow for a complete and 

thorough Bureau and/or Department-wide vacancy search. See Appendix D for more information 

on Reassignments.
DAO 215-10 - 14 - 11.00 

SECTION 11. REQUEST FOR MEDICAL INFORMATION. 

.01 The Department is entitled to know that an employee or applicant has a covered disability. 

To evaluate a request for reasonable accommodation, the Department may request medical 

documentation to identify, (1) the requester’s disability and associated functional limitations, 

and/or (2) the need for accommodation. The Department will not request medical information 

when the disability and need for accommodation are not known or obvious. 

.02 Medical documentation that describes one or more of the following may be requested: 

a. The nature, severity, and duration of the requester’s impairment; 

b. The major life activity or activities the impairment limits; 

c. The extent to which the impairment limits the individual’s ability to perform the major 

life activity or activities; and/or 

d. Why the individual requires a reasonable accommodation or a particular reasonable 

accommodation, as well as how the accommodation will assist the individual in applying for a job, 

performing the essential functions of the job, or enjoying a benefit of the workplace. 

.03 If medical documentation is requested, it may be submitted on the treating physician or 

other health care professional letterhead. It is the responsibility of the employee or applicant to 

promptly provide sufficient medical information related to the functional impairment at issue and 

the requested accommodation. Failure to provide appropriate documentation or to cooperate 

with the Department’s efforts to obtain such documentation could result in denial of the RA 

request. 

.04 The Bureau RAC will determine if medical documentation is necessary to process the 

accommodation request. The RAC will use this information to determine if the requester has a 

disability, if the requester needs an accommodation based on that disability, and/or what 

accommodation(s) would be effective. In making this determination, the RAC may work with 

various medical consultants, including the requester’s physician, medical professionals from 

Federal Occupational Health (FOH) or the Bureau’s health unit, when necessary. 

.05 The medical documentation is sufficient if it provides the information described in 

Section 11.02. Requesters are not required to submit information or documentation unrelated 

to the request for accommodation. The RAC should not request the requester’s complete 

medical record because it is likely to contain information unrelated to the disability at issue 

and the need for accommodation. 

.06 Once the RAC has received sufficient medical documentation, she/he will advise the DMO 

on recommended/appropriate reasonable accommodations. The DMO should also be informed 

that the requester has a disability (the disability should not be disclosed), the functional 

limitations associated with the disability, and what accommodation(s) would be most effective. 

The DMO would not ordinarily have a need to know the actual disability or details about the 

requester’s medical condition. The RAC may disclose the requester’s medical information, 

when necessary, to Department officials who have an official need to know, including but not 

limited to the Department’s medical consultants, the Department’s Disability/RA Program 

Manager, Office of the Inspector General (OIG), OGC, Office of Occupation Safety and Health, 

and Office of Security. (See Section 16. Confidentiality in this Order.) 
11.07 - 15 - DAO 215-10 

.07 Supplemental Documentation.

a. If the medical documentation the requester initially submits does not clearly describe the 

disability, associated limitations, or the need for accommodation, the RAC may request 

supplemental documentation. In doing so, the RAC must explain to the requester why the 

documentation is insufficient, identify the information needed, and allow the requester an 

opportunity to provide the information. The RAC should also provide information for the 

requester’s health care professional that describes: 1) the nature of the individual’s job, 2) the 

essential functions the individual is expected to perform, and 3) any other information relevant to 

evaluating the request and the individual's ability to perform the job.

b. If the requester provides additional medical documentation as requested, but the functional 

limitations are still not clear, the RAC may ask the requester to sign a limited release allowing the 

RAC and/or Department’s Occupational Health Physician to obtain specific information from the 

requester’s health care provider directly. Such a release must be limited to information related 

to the disability at issue and the need for accommodation. The RAC must first attempt to obtain 

the necessary information from the requester’s health care provider before making a final 

determination that the information the requester provided is insufficient. 

c. If the employee has been cooperative, but the medical documentation provided by the 

employee’s health care professional is still insufficient, the requester may be required to go to a 

health care provider of the Bureau’s choice and at the Bureau’s expense. Any such medical 

examination must be limited to determining the existence of a disability and/or the need for 

reasonable accommodations. The RAC will work with the employee and health care 

professional to coordinate this examination.

d. If there is disagreement between the employee’s physician and the Department’s medical 

professional who reviews the requester’s medical documentation (e.g. Occupational Health 

Physician), the employee’s personal physician’s written diagnosis and/or professional opinion will 

take precedence. The only exception is if there is an overriding safety or security matter involved.

e. If the employee refuses to be evaluated, the RAC should explain to the requester that refusal 

to provide the necessary medical documentation may result in denial of their reasonable 

accommodation request. The RAC should also inform the DMO that the employee has not 

provided documentation to show that she/he has a disability as defined by the Rehab Act or need 

the requested accommodation.

.08 Genetic Information Nondiscrimination Act of 2008 (GINA). To ensure compliance with 

GINA, all requests for medical information should include the following statement in accordance 

with 29 C.F.R. §1635.8(b)(1)(i)(B):

“The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other 

entities covered by GINA Title II from requesting or requiring genetic information of an individual 

or family member of the individual, except as specifically allowed by this law. To comply with 

this law, we are asking that you not provide any genetic information when responding to this 

request for medical information. “Genetic information,” as defined by GINA, includes an 

individual’s family medical history, the results of an individual’s or family member’s genetic tests, 

the fact that an individual or an individual’s family member sought or received genetic services, 

and genetic information of a fetus carried by an individual or an individual’s family member or an 

embryo lawfully held by an individual or family member receiving assistive reproductive 

services.” 
DAO 215-10 - 16 - 12.00 

SECTION 12. SPECIAL REQUESTS. 

.01 Telework. 

a. Allowing an employee to work from home may be a reasonable accommodation where the 

person's disability prevents successfully performing the job on-site and the job, or parts of the job, 

can be performed at home without causing significant difficulty or expense. Further, an 

employee with a disability may also be permitted to telework when other staff members are not. 

The Rehab Act’s reasonable accommodation obligation, which includes modifying workplace 

policies, might require an employer to waive certain eligibility requirements or otherwise modify 

its telework policy for an employee with a disability who needs to work at home. As Federal law, 

the Rehab Act takes precedence over any office, Bureau/OU, or Department policy on telework. 

b. When telework is provided as an accommodation, there may be more flexibility in the 

number of days and the frequency of telework. For example, an employee who has a disability 

that does not hinder productivity but makes it difficult for the employee to come to the office on 

a daily basis, would be allowed to telework as many days as needed, even if that is outside of the 

normal office/organization’s policy. Alternatively, an employee may have a disability that is 

aggravated by extreme temperatures or poor air quality and may need a telework agreement 

permitting telework on days when these situations occur. As with all accommodation requests, 

decisions regarding telework as a reasonable accommodation will be made on a case-by-case 

basis considering the needs of the employee and the organization. 

c. If an employee is approved for telework at least 3 days per week and needs the same 

adaptive equipment/assistive technology to work from home as he/she does at work, it should be 

provided. Examples are screen readers or screen reader software, ergonomic desk, ergonomic 

chairs, etc. Requests for other items, will be decided on a case-by-case basis. If the employee 

has the necessary equipment in the office, but will be teleworking full time, the equipment should 

be moved to the employee’s home. When the need for telework ends or the employee separates 

from the Department, the requester must return all adaptive equipment, assistive technology or 

other items belonging to the Department. To determine the correct procedures for turning in 

office property, the employee should contact their supervisor or Property Accountability 

Manager. Failure to turn in government property could result in a delay in the certification of the 

employee’s time and attendance record or loss of final salary payment, lump-sum leave payment, 

or any other payments. For more information, see DAO 202-299, Clearance of Separating 

Employees. 

.02 Parking. 

a. When there are a limited number of employee parking spaces, employees with mobility 

impairments or a disability that precludes them from using public transportation have priority over 

all other groups. If a facility does not have enough parking spaces for the number of employees 

with mobility impairments who require parking as a reasonable accommodation, alternate 

accommodations must be considered including creating additional accessible parking spaces, 

telework, flexible work schedules, and/or paid parking. 

b. When an employee requires a space near the building as a reasonable accommodation, that 

employee must be provided an assigned space with the shortest route to their workspace. 

c. Every facility that provides any parking spaces to employees MUST have a standardized 

method for ensuring that employees with mobility impairments receive the parking spaces that are 
12.03 - 17 - DAO 215-10 

method for ensuring that employees with mobility impairments receive the parking spaces that are 

closest to the building, if required, or spaces large enough for egress. RACs should consult with 

HR on any relevant Collective Bargaining Agreement provisions or bargaining obligations. For 

more information, see DAO 217-8, ''Employee Parking, Ridesharing, and Mass Transit Benefit 

Programs.'' 

.03 Other Than Coach-Class (Premium-Class) Travel. Employees may request to use other 

than coach-class travel to accommodate a medical disability or other special need. The Federal 

Travel Regulation (FTR) requires the requester to obtain a medical certification for use of other 

than coach-class travel. Once approved/authorized, travelers must use the lowest other than 

coach-class travel (including Premium Economy). To ensure there is enough time to get the 

required medical certification before the date of travel, requesters should submit their request and 

supporting medical documentation, to their Bureau RAC at least 30 calendar days prior to the 

actual travel date. See Appendix B for requirements and procedures. 

.04 Personal Assistance Services (PAS). On January 3, 2017, the EEOC amended the 

implementing regulations for Section 501 of the Rehab Act, 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 a result, federal agencies are now required to 

provide PAS, in addition to reasonable accommodations, to employees who need them because of 

certain targeted disabilities. 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. PAS are services that 

help individuals who require assistance to perform basic activities of daily living, i.e. eating and 

using the restroom, to fully participate in the workplace. The obligation to provide PAS is 

separate from, and in addition to, any obligation to provide a reasonable accommodation for 

individuals with targeted disabilities. See Appendix C for PAS requirements and procedures. 

SECTION 13. REASSIGNMENT. 

.01 Reassignment is form of reasonable accommodation that must be provided, absent undue 

hardship, to an employee who, because of a disability, can no longer perform the essential 

functions of his/her current position, with or without reasonable accommodation. Reassignment is 

the reasonable accommodation of “last resort.” Therefore, the Department must consider 

reassignment when it determines there are no effective accommodations available that will permit 

the employee to perform the essential functions of his/her current position or that would not cause 

undue hardship. 

.02 Reassignment is available only to employees, not to applicants. It must be considered as 

an accommodation prior to terminating an employee with a disability who cannot be 

accommodated in his or her current position. In this situation, reassignment should be considered 

even if not specifically requested. See Appendix D for reassignment procedures. 

SECTION 14. TRACKING AND REPORTING REQUIREMENTS. 

.01 The Department is required to keep accurate records of all RA requests to determine 

whether it is complying with the nondiscrimination and affirmative action requirements imposed 

under Section 501 and to make such records available to EEOC upon their request. Additionally, 

the Department’s Office of Civil Rights (OCR) is responsible for compiling and analyzing RA data 

for submission to EEOC annually in the Department’s EEOC Management Directive 715 (MD 

715) Report. 
DAO 215-10 - 18 - 14.02 

.02 The Bureau RAC is responsible for maintaining these records in a Confidential Case File 

(CCF) in compliance with the Rehab Act, EEOC Regulations and this Order. The CCF is the 

Department’s official record of RA requests. All documentation contained in the CCF must be 

secured whether electronic or hardcopy in accordance the Department’s Records Management 

policy. The Entellitrak RA Tracking System (ETK RA) is the designated repository for all DOC 

RA requests. After submitting a request, employees may utilize ETK RA to track their requests 

throughout the RA process. Job applicants should contact the servicing Human Resource 

Specialist identified in the job announcement or the Bureau HR office to inquire about the status 

of their RA requests. 

.03 The CCF must be maintained for the duration of the employee’s tenure with the 

Department, and for an additional three years after the date the employee separates from the 

Department or all appeals conclude, whichever of the two is later. For all applicants for 

employment, the CCF must be maintained for three years after the date of the request or all appeals 

conclude, whichever is later. 

.04 The CCF must include, at a minimum, the following: 

a. A written confirmation of the RA request (online ETK RA or Form CD 575); 

b. Supporting medical documentation (if required); 

c. Any pertinent emails or communication between the applicant or employee and 

Department officials (i.e. supervisor, RAC, HR, OGC, etc.); and 

d. The written RA decision (granting or denial). 

Additionally, the Bureau RAC should ensure the CCF contains the following information: 

e. Specific reasonable accommodation requested; 

f. The job (occupational series, grade level, bureau, and operating unit) sought by 

the requesting applicant or held by the requesting employee; 

g. Whether the accommodation was needed to apply for a job, perform the essential 

functions of a job, or enjoy the benefits and privileges of employment; 

h. Whether the request was granted (which may include an accommodation different from 

the one requested) or denied; 

i. The identity of the deciding management official; 

j. If denied, the basis for such denial; 

k. The number of days taken to process the request; and 

l. Sources of technical assistance consulted to identify possible reasonable accommodations. 
15.00 - 19 - DAO 215-10 

SECTION 15. EXCLUSIONS TO THE POLICY. 

For the purposes of the definition of "disability", as stated in Section 5.02 of this DAO, the conditions below 

are not included. These exclusions are consistent with the statutory requirements found in Appendix E.9. 

.01 Certain conditions: 

a. Transvestism, transsexualism, or gender identity disorders not resulting from physical 

impairments; or 

b. Pedophilia, exhibitionism, voyeurism, or other sexual behavior disorders; or 

c. Compulsive gambling, kleptomania, or pyromania; or 

d. Psychoactive substance use disorders resulting from current illegal use of drugs. 

NOTE: A person who currently uses illegal drugs does not qualify as a “qualified person” with 

a disability. However, a person who is in or has completed drug rehabilitation and is no longer 

using illegal drugs is covered under this policy. (Drug means a controlled substance, as defined 

in schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. § 812)). 

.02 Homosexuality and bisexuality are not impairments, and so are not disabilities. 

.03 Pregnancy is not a disability. However, impairments resulting from pregnancy (for 

example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced 

hypertension and protein in the urine) may be disabilities requiring reasonable accommodation 

(such as leave, telework or modifications that enable an employee to perform her job). 

SECTION 16. CONFIDENTIALITY REQUIREMENTS. 

.01 Under the Rehab Act and Privacy Act, all medical documentation and other information 

regarding the reasonable accommodation process must be treated as a confidential medical record. 

This means that all medical information including information about functional limitations and 

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

must be kept secure in files separate from the individual’s Official Personnel File. All medical 

information, the written confirmation of RA request or completed Form CD 575, and the final 

written decision notification, will be maintained by the Bureau RAC in the CCF for tracking and 

recordkeeping purposes (see Section 14). 

.02 The confidentiality requirements under this section apply to any medical information 

obtained from a disability-related inquiry or medical examination, as well as any medical 

information voluntarily disclosed by an employee or applicant. Confidential medical information 

is not limited to a diagnosis or prognosis. The fact that someone has requested an 

accommodation, or that something is being provided as an accommodation, also constitutes 

confidential medical information. 

.03 Confidential medical records stored electronically must be maintained in a Federal 

Information Security Modernization Act (FISMA) compliant system with an approved Privacy 

Impact Assessment contemplating the storage and protection of this type of sensitive personally 

identifiable information (PII). Any medical information or other information regarding the 

reasonable accommodation request transmitted electronically must be handled as sensitive PII in 
DAO 215-10 - 20 - 16.04 

reasonable accommodation request transmitted electronically must be handled as sensitive PII in 

accordance with Departmental policy. Under current policy, this means that the information can 

only be transmitted using FIPS 140-2 or higher encryption methodology consistent with the 

Department’s Electronic Transmission of PII Policy. Any Department employee who obtains or 

receives such information is strictly bound by the confidentiality requirements that apply for these 

records. 

.04 Access to confidential medical records is on a strict need-to-know basis. Whenever 

medical information is disclosed, the individual disclosing must inform the recipients about the 

confidentiality requirements. All records will be maintained in accordance with the Privacy Act 

of 1974, as amended (5 U.S.C. 552a), COMMERCE/DEPT-18, EEOC regulations, and 

Departmental requirements. Any information regarding these records or any aspect of the 

accommodation process may be disclosed only in accordance with applicable laws, regulations, 

and policies and for authorized purposes consistent with the Privacy Act Statement on form CD575. Disclosure to the following is specifically authorized: 

a. Supervisors, managers, DMOs, RACs, and individuals who have a need to know about (1) 

the eligibility of an individual to receive reasonable accommodation; (2) the necessary restrictions 

on the work or duties of the employee; and (3) any recommended accommodations, excluding 

medical information which should only be disclosed in extremely limited circumstances. 

b. First aid and safety personnel may be provided relevant information, when appropriate, if 

the medical condition might require emergency treatment. Information about the type of 

assistance an individual might need in the event of an evacuation may be shared with medical 

professionals, emergency coordinators, floor captains, colleagues who have volunteered to act as 

''buddies,'' building security officers who need to confirm that everyone has been evacuated, and 

other non- medical personnel who are responsible for ensuring safe evacuation under an 

applicable emergency evacuation plan. 

c. Office of Civil Rights, EEO Office, Office of Human Resources Management, and OGC 

officials, if necessary to investigate the Department’s compliance with the Rehab Act; 

d. Workers’ compensation officials may receive medical information in order to process 

or evaluate claims; 

e. Departmental Occupational Health officials when consulting with them regarding the 

interpretation of medical documentation; and 

f. Office of the Inspector General, if needed to carry out its duties under the Inspector 

General Act of 1978, as amended. 

SECTION 17. RESPONSIBILITIES. 

.01 Under Secretaries, Deputy Under Secretaries, Assistant Secretaries, Deputy Assistant 

Secretaries, Bureau Directors, Head of Operating Units, and other key officials, within their 

respective organizations, will: 

a. Ensure that the Bureau is serviced by at least one full-time Reasonable Accommodation 

Coordinator and an alternate RAC, as needed. If a new RAC or alternate RAC is appointed, 

provide his/her contact information to the Department’s Disability Program Manager located in the 

OCR. 
17.01b. - 21 - DAO 215-10 

b. Ensure that employees and supervisors know how to contact their designated RAC. 

Contact information is available on the OCR website at 

http://www.osec.doc.gov/ocr/CivilRights/Disability/ReasonableAccommodation.html. 

c. Provide sufficient resources to ensure effective implementation and management of the 

reasonable accommodation program. 

d. Ensure RA training is available for all managers, supervisors, team leaders, RACs and 

alternates, regarding their roles and obligations in reasonable accommodations and PAS. 

e. Ensure the Bureau is following the Department’s procedures for providing reasonable 

accommodations as outlined in this Order. If a Bureau chooses to supplement these procedures in 

any way, the changes must be submitted to and approved by OCR and must not conflict with this 

DAO. 

f. Promptly address any deficiencies identified in their reasonable accommodation program. 

g. Refrain from being the designated DMO, except for employees who report directly to him 

or her, so that he or she can be part of the reconsideration process when an employee requests 

reconsideration of a denial decision. 

h. Ensure that each Bureau/Operating Unit designates a higher-level management official(s) 

to review requests for reconsideration of denial decisions made concerning accommodation 

requests. 

i. Ensure that all contracts for the use of external facilities and services reflect the obligation 

that such facilities and services be fully accessible to individuals with disabilities; and 

j. Foster an environment that supports reasonable accommodation, inclusion and respect for 

individuals with disabilities. 

.02 Chief Financial Officer and Assistant Secretary for Administration will: 

a. Provide sufficient resources to ensure effective implementation and management of a 

process for responding to requests for reasonable accommodations. 

b. Approve policies, directives, and other materials outlining the Department's reasonable 

accommodation procedures and responsibilities. 

c. Fulfill, on behalf of the Secretary, the responsibilities as head of an operating unit, i.e., 

the Office of the Secretary. These duties are outlined in paragraph .01 above. 

d. Ensure training is available for all managers, supervisors, and team leaders regarding their 

roles in processing requests for reasonable accommodations, including how to acquire assistive 

technology, adaptive equipment, or various accommodation services. 

e. Periodically evaluate the effectiveness of the process for responding to requests for 

reasonable accommodations. Monitor the timeliness of accommodation request processing. 

f. Maintain oversight for Department-wide reasonable accommodation policy and process. 
DAO 215-10 - 22 - 17.03 

.03 Office of the General Counsel will: 

a. Serve as a legal expert and advisor on reasonable accommodation matters. 

b. Serve as a consultant regarding proposed denial of reasonable accommodation requests. 

c. Provide legal guidance for reasonable accommodation training. 

d. For reasonable accommodation requests within the Office of Inspector General, the 

Counsel to the Inspector General shall perform these duties rather than OGC. 

.04 Director for Civil Rights will: 

a. Develop Department-wide reasonable accommodation and PAS policy and procedures. 

b. Advise Department officials regarding laws, regulations and Department policies 

pertaining to reasonable accommodation and complaints of discrimination. 

c. Designate the Department’s Disability Program Manager/Reasonable Accommodation 

Program Manager. 

d. Maintain a Commerce-wide automated tracking system to monitor the RA process and 

timeliness in responding to requests for accommodation at the Department, Bureau/Operating Unit 

levels in compliance with EEOC regulations. 

.05 Department Disability Program/Reasonable Accommodation Program Manager will: 

a. Serve as the Department’s subject matter expert on reasonable accommodation policy and 

procedures and provide guidance, advice and training, as required, to RACs, HR, and other staff 

involved in processing request for accommodations. 

b. Receive and compile summary RA data from Bureaus for annual reporting purposes. 

Develop and submit required reports to EEOC. 

c. Serve as a consultant with regard to proposed denial of RA requests. 

d. Serve as the Department's liaison to the U.S. Access Board, the President’s 

Committee for People with Intellectual Disabilities (PCPID), and other disability related 

groups. 

e. Assist RACs with developing and conducting RA training for managers, supervisors and 

employees. 

f. Maintain and update roster of designated Bureau RACs and alternate RACs on the OCR 

webpage. 

.06 Principal Human Resources Manager (PHRM) will: 

a. Be knowledgeable about RA policy and procedures. 
17.06b. - 23 - DAO 215-10 

b. Respond promptly when working with Bureau RACs and DMOs on RA requests to ensure 

accommodations are provided in a timely manner. 

c. When reassignment is required as a reasonable accommodation, ensure vacant funded 

searches are conducted for positions in which the requester may qualify, in accordance with the 

procedures outlined in Appendix D of this Order. If no suitable vacant funded positions are 

identified to which the employee can be reassigned, or the employee declines a job placement 

offer, provide prompt notification to the RAC and the requester’s DMO. 

d. Serve as the DMO for requests for accommodation from applicants for employment during 

the application and interview phase. 

e. If an employment physical is required and the candidate does not pass the physical because 

of a disability, the PHRM will ensure that the candidate is aware of the reasonable accommodation 

process. If the candidate requests an accommodation that appears to effectively address the 

functional limitations posed by the disability, the PHRM will ensure that the offer is not rescinded 

because of the results from the physical. The normal accommodation procedures will then be 

followed. 

.07 Reasonable Accommodations Coordinators (RACs) will: 

a. Serve as a resource and impartial advisor in the reasonable accommodations process. 

At no time may a RAC serve in a decision-making role for RA requests. 

b. Provide training on laws and regulations regarding reasonable accommodation and roles 

and responsibilities to managers, supervisors, DMO, Human Resources Managers, and employees. 

c. As part of the reasonable accommodation interactive process, the RAC may request, obtain 

and evaluate medical documentation to support an accommodation request. The request for 

medical documentation is necessary when the requester’s disability or need for an accommodation 

is not obvious or the requester’s previously submitted medical documentation is insufficient. 

d. Provide guidance to employees in completing a written confirmation of their RA request or 

Form CD 575 (Exhibit 1). Maintain a record of the written RA request as a part of the confidential 

case file for tracking and reporting purposes as outlined in Section 14 of this DAO. 

e. Maintain the confidentiality of RA requests and related documentation, for example, 

keeping medical records separate from personnel records and maintaining RA records in a secured 

electronic file or locked file cabinet. 

f. Securely maintain and update RA request data in electronic format or using the 

Department’s automated tracking system; produce reports as required by the Department, law, or 

regulation. 

g. Request and/or review medical documentation to determine if a requester has met the 

established criteria of an “individual with a disability” as defined by law. The RAC will inform 

the DMO whether the individual has met the criteria for disability, the functional limitations 

caused by the disability, and the needed or recommended accommodations. 

h. Ensure an alternate RAC is available to provide reasonable accommodation advice when 

needed or in the absence of the designated Bureau RAC. 
DAO 215-10 - 24 - 17.07i. 

Ensure supervisors, managers, DMOs, HR, OGC, OCR and Bureau employees are made aware 

of the designated alternate RAC. The mandatory timeframes will not be suspended or extended 

because of the unavailability of a RAC. 

i. Ensure that all requests are properly and expeditiously processed within timeframes 

established with this Order, as well as properly documented. 

j. Consult with OGC representatives when processing RA requests when complex issues 

arise, and the Department is not able to immediately grant an accommodation or prior to denying a 

request for accommodation. 

k. Serve as an impartial liaison when advising employees and managers while processing 

requests for reasonable accommodations. 

l. Engage in effective communication with employees, HR staff, managers/supervisors, 

OGC, other Bureau RACs, and internal/external stakeholders to ensure the RA process is properly 

implemented. 

m. At no time may a RAC function as an advocate, employee relations specialist or technical 

representative in any adverse personnel action, grievance, or other type of complaint relating to an 

acceptance or a denial of a reasonable accommodation. 

n. Ensure that all requests outside the authority of the normal DMO, such as parking, facility 

renovations, information technology, etc. are routed to the appropriate individual and are 

processed timely manner. 

o. Assist requesters and supervisors with finding resources/vendors for adaptive 

equipment and/or assistive technology. 

p. Consult with OCR/Disability Program Manager, OIT, the Job Accommodation 

Network (JAN), or other external/internal resources to identify effective reasonable 

accommodation options, if needed. 

q. Provide accommodation information to employees and applicants for employment and 

answer questions about the reasonable accommodation process. 

r. Ensure DMOs are aware of all available resources for reasonable accommodations (i.e. 

local vocational rehabilitation services) 

s. Routinely, but at a minimum annually, attend training sufficient to carry out their 

responsibilities. Training should provide RACs with the knowledge needed to: 

1. determine whether the requester is an “individual with a disability” as defined by law; 

2. engage in the interactive process; and 

3. process requests for reasonable accommodations needed by employees and job applicants 

during the application and placement processes, ensuring that the agency provides such 

accommodations when required to do so. 
17.08 - 25 - DAO 215-10 

.08 Supervisors, Managers, and/or Deciding Management Officials will: 

a. Be knowledgeable about RA policy and procedures, including at a minimum, that all 

resources available to the agency as a whole, excluding those designated by statute for a specific 

purpose that does not include reasonable accommodation, are considered when determining 

whether a denial of reasonable accommodation based on cost is lawful; and how to arrange for the 

use of, agency resources available to provide the accommodation, including any centralized fund 

the agency may have for that purpose. 

b. Actively participate in the interactive process with the requester. Explain the Department’s 

process for handling accommodation requests and who will make the decision on a RA request. 

c. Understand the need to be flexible when considering accommodation requests. Be aware 

that as Federal law, the Rehab Act supersedes office, operating unit, facility, Bureau, or DOC 

policy regarding telework, hours of duty, parking, etc. 

d. Make timely decisions regarding requests for reasonable accommodation in consultation 

with the RAC and OGC, and in accordance with the guidance provided in this Order and all 

applicable laws and regulations. Consult with OGC and the RAC before denying an 

accommodation. 

e. Ensure accommodation decisions are made as expeditiously as possible, usually within 20 

business days from the date of the request, and that all approved accommodations are implemented 

in a timely manner. 

f. After the final decision is made regarding a RA request, provide the decision in writing to 

the requester in accordance with Section 8.01.a of this DAO and ensure a copy of the signed 

decision letter, along with any other pertinent RA information, is immediately provided to the 

Bureau RAC for tracking and recordkeeping purposes. 

g. Adhere to confidentiality requirements and maintain records consistent with the guidance 

in this Order. 

h. Designate an alternate to process RA requests in the absence of the DMO. 

i. Ensure the essential functions of a position are identified and properly documented when 

requested. 

j. Budget for equipment and/or services associated with reasonable accommodations, when 

necessary, to ensure employees with disabilities are provided needed accommodations. 

k. Fully cooperate and consult with the RAC, OGC, HR and others as necessary, throughout 

the RA process to ensure proper and timely processing of RA requests. 

.09 Human Resources Staff will: 

a. Ensure that all vacancy announcements include a reasonable accommodation statement. 

Per 5 C.F.R. § 330.104(18), an agency may use wording of its choice in its statement that conveys 

the availability of reasonable accommodation, but it may not list types of medical conditions or 

impairments appropriate for accommodation. 
DAO 215-10 - 26 - 17.09b. 

b. Ensure that all HR staff, involved in the application process, are properly trained on how to 

recognize an applicant’s request for reasonable accommodation and respond appropriately within 

required timeframes. 

c. Execute responsibilities of the supervisor/DMO as they apply to applicants with 

disabilities. 

d. Identify vacant funded positions that are available for reassignment and are suitable to the 

requester’s qualifications; consult with the affected employee to determine limits of search scope, 

job qualification and reasonable accommodation needs; and determine whether the employee is 

qualified for a particular job. 

e. Oversee the processing of approved reassignments as a reasonable accommodation within 

their respective Bureaus; ensure that reassignments are properly and expeditiously completed. 

f. When needed, assist DMOs with identifying the essential functions of a requester’s 

position. 

.10 Employees with disabilities who desire accommodation will: 

a. Initiate and cooperate in the reasonable accommodation process. 

b. Provide sufficient information, medical or other documentation as requested. 

c. Provide accurate contact information and promptly communicate any changes to the 

designated Bureau RAC. 

d. Actively participate in the interactive process to identify effective accommodation options. 

.11 Applicants with disabilities who desire accommodations will: 

a. Initiate and cooperate with HR staff in the reasonable accommodations process. 

b. Upon request, provide sufficient information and medical documentation. 

.12 Facility Managers will: 

a. Receive and promptly address requests for removal of architectural barriers, including 

reconfigured workspaces, to make the workplace accessible to individuals with disabilities. 

b. Ensure sufficient parking is available for employees with disabilities who require parking 

as a reasonable accommodation. 

SECTION 18. ASSISTANCE. 

A copy of this Order will be made available to job applicants and employees in written and 

accessible formats, including braille or large print, upon request. Questions concerning this 

Order or requests for accessible formats may be directed to OCR at (202) 482-8201 (V). 
19.00 - 27 - DAO 215-10 

SECTION 19. EFFECT ON OTHER ORDERS. 

This Order supersedes Department Administrative Order 215-10, dated April 24, 2013. 

 Director for Office of Civil Rights 

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APPENDIX A

AVENUES OF REDRESS FOR DENIAL DECISIONS 

Individuals with disabilities are encouraged to use any voluntary informal dispute resolution 

process available, to obtain prompt reconsideration of denials of reasonable accommodation 

requests. If an employee or applicant’s request for reasonable accommodation is denied, he or she 

has the following options: 

(1) Reconsideration. Upon receipt of the denial decision from the Deciding Management 

Official (DMO), the requester has 15 business days from the date of the denial letter to submit a 

written request for reconsideration to the designated higher-level management official within the 

employee’s chain of command. The request for reconsideration must include a copy of the 

decision letter and any additional information or arguments the employee wishes to be considered. 

Within 5 business days of receipt of a request for reconsideration, the designated higher-level 

management official must provide written acknowledgement of receipt of the request to the 

requester. The designated higher-level management official must issue a final written decision 

regarding the reconsideration to the requester within 30 business days from the date the request was 

received. It is recommended that the designated higher-level management official consult with 

the RAC to ensure that any concerns are heard before a final decision is made. Contact your 

Bureau RAC for more information. 

(2) Equal Employment Opportunity (EEO) Complaint. To file an EEO complaint, the 

requester must contact the Bureau’s EEO office within 45 calendar days of receiving the decision, 

pursuant to 29 C.F.R. Part 1614. Pursuing reconsideration of a denial will not toll or extend the 

45-calendar daytime limit for initiating an EEO complaint. For more information or to initiate an 

EEO complaint, contact your Bureau EEO Office. 

(3) Union Grievance. Bargaining unit employees may file grievances in accordance with 

applicable collective bargaining agreements. The union’s negotiated grievance procedure 

will apply. Contact your local union representative for more information. 

(4) Administrative Grievance. Non-bargaining unit employees may challenge a denial 

decision by filing an Administrative Grievance. The employee must submit his/her grievance in 

writing to his/her supervisor or next higher-level management official within 15 calendar days of 

receipt of the written denial decision (see DAO 202-771). The employee must also inform Human 

Resources that an administrative grievance has been filed. Contact your servicing Human 

Resources Office for more information. 

(5) Alternative Dispute Resolution (ADR). ADR is offered as an alternate method for resolving 

workplace disputes instead of the traditional EEO counseling or formal complaint process. The 

Department has chosen mediation as the primary ADR method in resolving EEO disputes because it 

empowers the parties to reach an acceptable resolution of the conflict. The ADR process is outlined 

in the Department's EEO Mediation Guide available on the Office of Civil Rights website. 

Contact your Bureau EEO Office for more information. 
APPENDIX B

PROCEDURES FOR OTHER THAN COACH-CLASS (PREMIUM-CLASS) 

ACCOMMODATIONS 

.01 REFERENCE AUTHORITY. 

a. Federal Travel Regulations (FTR). 5 U.S.C. 5707, 40 U.S.C. 121(c); 49 U.S.C. 40118. 

b. Office of Management and Budget Circular No. A-126, "Improving the Management and 

Use of Government Aircraft." Revised May 22, 1992. 

c. Federal Travel Regulation, Chapter 301 – Temp Duty (TDY) Allowances, Part 301-10.123; Glossary 

of Terms, Part 300-3. 

d. Department of Commerce Travel Policy Handbook, October 2016 

.02 PURPOSE.

The Federal Travel Regulations requires government travelers when making official travel 

arrangements to exercise the same care in incurring expenses that a prudent person would exercise 

if traveling on personal business. Therefore, the traveler is required to use the least expensive 

class of accommodations necessary to meet their needs and accomplish the agency's mission. 

This section describes the procedures for authorization and approval of other than coach-class 

(Premium-Class) accommodations for official travel when requested by an employee with a 

disability or special need. 

.03 AIRLINE ACCOMMODATIONS. 

a. Coach-class. The basic class of accommodation by airlines that is normally the lowest 

fare offered regardless of airline terminology used. For reference purposes only, coach-class may 

also be referred to by airlines as “tourist class,” “economy class,” or as “single class” when the 

airline offers only one class of accommodations to all travelers. 

b. Other than coach-class. Any class of airline accommodations above coach-class, e.g., 

first-class, business-class, or premium economy-class. 

1. First-class. The highest class of accommodation offered by the airlines in terms of cost and 

amenities. This is generally termed “first-class” by airlines and reservation systems. 

2. Business-class. A class of accommodation offered by airlines that is higher than coach and 

lower than first-class, in both cost and amenities. This class of accommodation is generally 

referred to as “business, business elite, business first, world business, connoisseur, or envoy” 

depending on the airline. 

3. Premium economy-class. A class of airline accommodation that is lower than both first-class 

and business-class, but higher than coach-class in terms of cost and amenities. Premium 

economy-class is considered a separate, higher class of accommodation from coach-class and 

is not considered a coach-class seating upgrade. 
.04 TRAIN ACCOMMODATIONS. 

a. Coach-class. The basic class of accommodations offered by a rail carrier to passengers 

that includes a level of service available to all passengers regardless of the fare paid. Coach-class 

includes reserved coach accommodations as well as slumber coach accommodations when 

overnight train travel is involved. 

b. Slumber coach. Includes slumber coach accommodations on trains offering such 

accommodations, or the lowest level of sleeping accommodations available on a train that does not 

offer slumber coach accommodations. 

c. Other than coach-class. Any class of accommodations above coach, e.g., first-class 

or business-class. 

1. First-class. Includes bedrooms, roomettes, club service, parlor car accommodations or other 

premium accommodations. 

2. Business-class. A class of extra fare train service that is offered above coach-class, but is 

lower than first-class, as described above. 

.05 RENTAL CAR ACCOMMODATIONS. 

For rental cars, the traveler must use the least expensive compact car available unless an exception 

for another class of vehicle is approved to accommodate a medical disability or other special need. 

.06 MEDICAL CERTIFICATION. 

a. The FTR requires the requester to obtain a medical certification when the use of other than 

coach-class (Premium-Class) travel is necessary to accommodate a medical disability or other 

special need. In addition, when requesting other than coach-class travel as a reasonable 

accommodation, the requester must follow the procedures outlined in Section 6 of this DAO. 

b. Disability. The need for other than coach-class travel for a disability must be certified 

annually in a written statement by a competent medical authority. However, if the disability is a 

lifelong (permanent) condition, then a one-time certification statement of the disability is required. 

In order to comply with this regulatory requirement for medical certification, the requester must 

provide the Bureau RAC the following medical documentation in support of the request: 

1. A written statement by a competent medical authority stating that a special accommodation is 

necessary (must state the requester’s medical condition/impairment, associated functional 

limitations, and explain the need for the requested accommodation); 

2. An approximate duration of the special accommodation; and 

3. A recommendation as to the suitable class of transportation accommodation based on the 

disability. 

c. Other special needs. The FTR defines special needs as a physical characteristic of a 

traveler not necessarily defined under disability. Such physical characteristics could include, but 

are not limited to, the weight or height of the traveler. If the special need is obvious and not a 

disability, the requester’s supervisor/manager may approve the request, without the assistance of 

the RAC. However, if the requester’s need is not obvious and supporting documentation is needed, 
the requester should submit the documentation to the Bureau RAC who will review it and confirm 

the need for the request. Special needs must be certified annually in writing. However, if the 

special need is a lifelong (permanent) condition, then a one-time certification statement is required. 

Consult your Bureau RAC for assistance. 

d. If the disability is not obvious, the requester does not have a record of a permanent 

disability, and the medical documentation does not explicitly state the period of time the 

premium-class accommodation is required, then the requester is required to submit a certification 

annually. This re-submission is necessary to ensure that there is a continued need for the 

requested accommodation and to maintain up-to-date authorization records. Authorizations that 

have exceeded the expiration date should not be considered valid and must be recertified.

e. Written Certification Statement. After the RAC has reviewed the requester’s medical 

documentation and confirmed the person has a covered disability or other special needs, and 

requires the requested accommodation, the RAC must provide a written statement to the requester 

and his/her supervisor. The statement will certify that the requester meets the requirements for 

other than coach-class travel in accordance with the FTR and DAO 215-10, and which class of 

accommodation is needed. The written statement should also specify if the disability or special 

need is life-long (permanent), and therefore, does not require annual certification. The requester 

must submit this statement, when requesting authorization for government travel. For more 

information on travel authorization requirements, refer to the DOC Travel Policy Handbook, your 

Bureau’s Travel guidance, or your Bureau’s Travel POC. 

.07 ADDITIONAL TRAVEL EXPENSES. 

The Department may also authorize payment for other travel related expenses deemed necessary to 

accommodate an employee with a disability or special need, but not limited to, the following: 

a. Specialized transportation to, from, and/or at the TDY duty location; 

b. Specialized services provided by a common carrier to accommodate your special need; 

c. Costs for handling your baggage that are a direct result of your special need; and 

d. Renting and/or transporting a wheelchair. 

Any additional travel expenses deemed necessary accommodations for the traveler with a disability 

should be identified in the medical certification statement provided by the RAC. 

.08 SERVICES OF AN ATTENDANT. 

If the requester is approved for other than coach-class (Premium-Class) travel and requires the 

services of an attendant (i.e. PAS Provider) enroute to accommodate their special need, the 

attendant may also use other than coach-class (Premium-Class) travel. The requester must include 

the request for premium-class travel for their attendant with their initial request for premium-class 

travel accommodations. For details on PAS providers, see Appendix B. 

.09 TIMEFRAME. 

Authorization for the use of other than coach-class (Premium-Class) travel and other travel 

expenses, must be made in advance of the actual travel date, unless extenuating circumstances or 

emergency situations make advance authorization impossible. The requester should submit a 

request for other than coach-class (Premium) travel as a reasonable accommodation to their 

supervisor and RAC at least 30 calendar days prior to the actual travel date. This will allow the 

RAC sufficient time to prepare the medical certification statement. If advance certification cannot 
be obtained, the employee must obtain written approval from the deciding official at the earliest 

possible time. Without specific approval, travelers will be held responsible for all additional costs 

resulting from the use of other than coach-class (Premium-Class) travel accommodations minus the 

difference of the cost of coach-class accommodations. 

.10 APPROVAL/DENIAL DECISIONS. 

Procedures for approval or denial of a request for other than coach-class (Premium-Class) travel to 

accommodate a disability are the same as for other reasonable accommodation requests. Deciding 

officials must consult with the RAC and OGC prior to denying a request for reasonable 

accommodations. See Section 8 of this Order. 

.11 RECORDKEEPING. 

For tracking and record keeping purposes, the Bureau RAC will maintain a copy of the employee’s 

written request for other than coach-class travel (Premium-Class), supporting medical 

documentation, certification statement, and the authorization/approval for other than coach-class 

(Premium-Class) travel accommodations. 
APPENDIX C

PROCEDURES FOR PROVIDING 

PERSONAL ASSISTANCE SERVICES (PAS) 

SECTION 1. BACKGROUND. 

01. On January 3, 2017, the Equal Employment Opportunity Commission (EEOC) 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. 

02. 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), in addition to 

reasonable accommodations, to employees 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 certain targeted 

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

restroom, to fully participate in the workplace. 

03. As of January 3, 2018, Federal agencies are now required to provide PAS to both existing 

and new employees with targeted disabilities 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 January 3, 2018, 

provided the employee meets the criteria for PAS (see Section 3. Eligibility). 

04. 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 those for reasonable accommodations. Therefore, 

procedures for PAS will be incorporated into the Departmental Administrative Order 215-10, 

Reasonable Accommodation for Employees or Applicants with Disabilities. 

05. Each Agency is also required to prepare and submit annually to EEOC an affirmative action 

plan for individuals with disabilities that includes a copy of these procedures and information on its 

efforts to implement them. 

SECTION 2. DEFINITIONS. 

01. Personal Assistance Services allow employees with targeted disabilities to fully participate 

in the workplace by providing assistance with activities of daily living, such as eating, drinking, 

using the restroom, and putting on and taking off clothing. For many individuals with targeted 

disabilities, such as paralysis or cerebral palsy, full participation in the workplace is impossible 

without such services. 

The provision of PAS for activities of daily living is not considered a reasonable accommodation, 

but rather a part of the Agency’s affirmative action obligations under Section 501. Under this same 

provision, Federal agencies are prohibited from taking adverse actions against job applicants and 

employees based on their need for, or perceived need for, PAS. 

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

the Rehab Act and for which qualified individuals with certain disabilities (i.e. such as blindness, 

deafness, paralysis, convulsive disorders, and certain mental illnesses, among others) have faced 

significant 
barriers to employment that are above and beyond the barriers faced by people with the broader 

range of disabilities. (See the Office of Personal Management, Self-Identification of Disability 

Form (SF 256, Oct 2016), for a complete list of targeted disabilities.) 

03. Department refers to the Department of Commerce, all of its Bureaus and operating units. 

04. Agency refers to Federal agencies including the Department of Commerce. 

SECTION 3. ELIGIBILITY. 

01. An employee may be entitled to PAS, during work hours and when on work-related travel, 

if the follow conditions apply: 

a. The individual is a new or existing employee of the Department and has a 

targeted disability (see Section 2. Definitions); 

b. The employee requires such services because of his/her targeted disability (certain 

disabilities such as missing extremities and paralysis, require assistance with basic 

activities of daily living like eating and using the restroom); 

c. The provision of such services would, together with any reasonable accommodation 

required under the Rehab Act, enable the employee to perform the essential functions of 

his/her position, without posing a direct threat to safety; and 

d. Providing PAS will not impose an undue hardship on the Department. 

02. Not all employees with a targeted disability are entitled to PAS. Generally, such assistance 

is only necessary when it is obvious that an employee has a targeted disability (i.e. paralysis or 

missing limbs) and requires assistance with basic activities, like eating and using the restroom. In 

these situations, the Department may not require the individual to provide medical documentation 

in support of their request. However, to determine whether a requesting individual is entitled to 

PAS, and, if so, the nature of the required services, the Bureau Reasonable Accommodation 

Coordinator (RAC), should ask the employee what types of PAS he or she needs using the same 

type of informal, interactive process used for reasonable accommodation. 

03. PAS do not help individuals with disabilities perform their specific job functions, such as 

services required as a reasonable accommodation to help an individual perform job-related tasks. 

For example, services provided as a reasonable accommodation, but not PAS, are 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. An Agency's 

obligation to provide reasonable accommodations is unaffected by the new regulations. 

04. Telework. The Department is required to provide PAS for employees who telework, if the 

employees meet the eligibility requirements in Section 3.01. and are entitled to telework under the 

Department’s telework policy or as a reasonable accommodation. An employee’s permission to 

telework must not be revoked because he or she is entitled to PAS under the new regulations. 

05. 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. 
06. The Department is not required to provide PAS to help employees commute to and from 

work. 

SECTION 4. PROCEDURES FOR REQUESTING PAS. 

01. As with reasonable accommodation, an individual may request PAS by informing a 

supervisor, human resources professional, Reasonable Accommodation Coordinator, or other 

suitable individual, that he or she needs assistance with daily life activities because of a medical 

condition. The request may be made orally or in writing. 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. 

02. A request for PAS may be made by a family member, health professional, or other 

representative on the individual’s behalf with the individual’s consent. Whenever possible 

the Bureau RAC will confirm the request with the person with the disability. 

03. As with reasonable accommodations, to enable the Department to maintain accurate records 

of requests for PAS, the requester is asked to confirm their request in writing by completing the 

Form CD 575, Written Confirmation of Request for Reasonable Accommodation, (see Appendix 1) 

or online via ETK RA. If using the Form CD 575, it should be submitted to the designated Bureau 

RAC. Requests for PAS must be addressed promptly even if the requester does not complete a 

written request. 

SECTION 5. PAS DURING WORK-RELATED TRAVEL. 

The Department is only required to provide PAS when the employee is working, unless he or she is 

on work-related travel. When an 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, the 

Department is 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, the Bureau is 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. 

SECTION 6. PAS PROVIDERS. 

01. PAS must be performed by a personal assistance service provider. Bureaus have the 

discretion to decide if they want to use Federal employees, independent contractors, or a 

combination of employees and contractors. For services performed by Federal employees, the 

Office of Human Resources will consult with the appropriate point of contact (e.g., employee’s 

supervisor, Bureau RAC) prior to determining the terms and conditions of employment. PAS 

may also be provided by an employee’s family member who is hired as a professional PAS 

provider, either as a contractor or Federal employee. 

02. If a Bureau 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 or is of the same gender as the employee), the Bureau 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. A different provider may be chosen 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, or if the Bureau decides to have appropriate existing employees provide PAS, 

again, for reasons of cost or convenience. 
 PAS providers may also perform non-PAS work-related tasks, but only to the extent that

doing so does not result in failure to provide required PAS in a timely manner. Sometimes these

work-related tasks are those that are required as a reasonable accommodation, such as readers who

enable employees who are blind or have learning disabilities to read printed text (see Section 3.03).

Other times, the work-related tasks are the type that any assistant would provide. However, if

additional duties are assigned to the Bureau’s 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. Consult with Human Resources or Contracting prior to adding

any non-PAS work-related duties.

 PAS providers may provide services to more than one individual. Bureaus may utilize a

pool of PAS providers, rather than assign one PAS provider to each employee who needs one, as

long as each individual who is entitled to PAS 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 Bureau should increase the number of available providers or arrange for dedicated PAS 

providers.

 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 Bureau assume the cost of

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

providing the services, the Bureau may have reasons to choose a different provider (see Section

6.02.).

 Bureaus may assign the responsibility to perform personal assistance services to an existing

HPSOR\HHRQO\ if the employee already performs PAS or a similar service as part of his/her regular

job. However, Bureaus that utilize this strategy should ensure that the resulting number of

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

 If the position sought by or held by an individual with a targeted disability requires a

security clearance and the individual's PAS provider would have access to classified information,

the Bureau should find a provider who has, or who likely could get, the appropriate security

clearance. 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, an Agency may consider

the individual to be unqualified for the position.

 If an individual that provides PAS is unavailable, the PAS providers must notify the Bureau

POC of any absences as soon as possible, so that they 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 Bureau utilizes any, or allowing the

individual to telework if the employee can work at home without the need for PAS provided by the

Bureau.

 Locating a PAS Provider. Resources for PAS providers 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. If a Bureau decides to hire a full-time/part-time PAS provider, 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.
SECTION 7. PAS FUNDING. 

01. The cost of PAS will vary depending on the location as well as how much assistance an 

employee needs. The resources available to the Department as a whole are to be considered 

when determining if PAS can be provided without undue hardship. 

02. When arranging for PAS, Bureaus must consider all available resources, 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, the Bureau is 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. 

03. Payment to Family Member Providers of PAS. If an employee's family member provides 

PAS at work, but also performs PAS off the job without compensation, the Bureau is required to 

pay the family member for PAS provided at work. However, prior to payment, the family 

member must be hired as a professional PAS provider and compensated as either a contractor or 

Federal employee in accordance with the terms and conditions of employment (see also Section 

6.01.). 

SECTION 8. GRANTING REQUESTS FOR PAS. 

As with reasonable accommodations, the RAC has the responsibility for advising on and processing 

requests for PAS. As soon as a decision has been made to provide PAS to an employee, the RAC 

will assist the deciding official in arranging the service. As a part of the interactive process, and in 

consultation with Human Resources and/or Contracting, the RAC will assist the deciding official in 

determining the most appropriate source for PAS based on the employees’ needs and available 

resources. (See Section 6. PAS Providers). The deciding official is responsible for providing the 

decision in writing to the requester. The Bureau must maintain a copy of the decision in the same 

way records are maintained for requests for reasonable accommodations. 

SECTION 9. DENIAL OF REQUESTS FOR PAS. 

01. Procedures for denying a request for PAS are the same as for reasonable accommodations 

(see DAO 215-10). 

02. The Department is only required to provide PAS if the requesting employee is entitled to 

them under the regulations. (See Section 3. Eligibility) Therefore, a request for PAS may be denied 

if: 

a. The requester is not an employee of the Department; 

b. The requester does not have a targeted disability; 

c. The targeted disability does not create a need for PAS; 

d. The requester is not able to perform the essential functions of the job, even with PAS and 

any reasonable accommodations; 

e. The requester would create a direct threat to safety on the job, even with PAS and 

any reasonable accommodations; or 
f. Providing PAS would impose undue hardship on the Department. 

03. Undue Hardship. 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 Department as a whole. 

04. 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 Department as a whole are insufficient to grant a particular 

individual's request for PAS, the Department may deny the request on the grounds that it would 

impose an undue hardship. 

SECTION 10. CONFIDENTIALITY. 

01. As with reasonable accommodations, the Rehab Act prohibits the disclosure of medical 

information except in certain limited situations. Generally, information that is otherwise 

confidential under the Rehab 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. 

02. When submitting a request for PAS, the RAC should encourage employees to voluntarily 

self-identify their disability status by completing OPM's "Self-Identification of Disability" form 

(SF-256, Oct 2016) or update their disability status in the Employee Personal Portal (EPP). This 

information will be kept confidential and only used in the aggregate for statistical reporting 

purposes. However, an employee is not required to submit this information nor can the Department 

make completion of the form a condition of receiving PAS. The Department may still 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. 
APPENDIX D

REASSIGNMENT PROCEDURES 

.01 OVERVIEW. 

a. Reassignment is a form of reasonable accommodation that is provided to an employee who, 

because of a disability, can no longer perform the essential functions of his/her current position, 

with or without reasonable accommodations. Reassignment is not available to applicants. 

b. Reassignment is the reasonable accommodation of last resort. Therefore, the Department 

must consider reassignment as an accommodation prior to terminating an employee who because of 

a disability cannot be accommodated in his/her current position. Reassignment is required only 

after it has been determined 1) there are no effective accommodations that will enable the employee 

to perform the essential functions of his/her current position or 2) all other reasonable 

accommodations would impose an undue hardship. 

c. Reassignment may not be used to limit, segregate, or otherwise discriminate against 

employees with disabilities by forcing reassignments to undesirable positions or to designated 

offices or facilities. 

d. An employee can choose not to pursue reassignment as an accommodation. If that is 

the case, the employee is required to indicate in writing that she/he declines the reassignment. 

.02 CONSIDERATIONS. 

a. After a determination has been made that an employee with a disability cannot be 

accommodated in his/her current position, the Reasonable Accommodation Coordinator (RAC) 

should identify and document what limitations, if any, the employee has with respect to the 

reassignment. The RAC, in collaboration with Human Resources (HR), should discuss the 

reassignment option with the employee and inquire about: 

1. What types of work the employee is willing and qualified to perform, and what 

medical restrictions or limitations s/he has; 

2. Whether the employee is willing to be reassigned outside the facility or outside the 

commuting area, and if so, to what locations; 

3. Whether the employee is willing to be reassigned to a different type of position for 

which he or she may be qualified, and if so to what type(s); 

4. Whether the employee is willing to be reassigned to a different sub-component of the 

department, and if so, to which one(s); and 

5. Whether the employee is willing, if no position is available at his or her current grade 

level, to be reassigned to a lower-graded position, and if so, down to what grade. 

b. Before a vacancy search commences, the requester should complete the “Declaration of 

Availability for Reassignment within the Department of Commerce” form (Exhibit 2) and submit to 

the RAC and HR. The HR office will use this information to conduct the vacancy search within 

the parameters the employee has set. This method considers the employee's preferences while 

minimizing the scope of the vacancy search. If the agency conducts a search within the parameters 
developed with the employee and no appropriate position is found, the RAC or HR Specialist 

should ask if the employee wants to expand the scope of the search. 

c. An employee must be “qualified” for the new position. An employee is “qualified” for the 

position if s/he: 

1. Satisfies the requisite skills, experience, education, and other job-related requirements 

of the position; and 

2. Can perform the essential functions of the new position with or without a reasonable 

accommodation. The employee does not need to be the “best” qualified individual for the 

position in order to obtain it as a reassignment. 

d. There is no obligation for the Department to assist the employee to become qualified. 

Therefore, the Department does not have to provide training so that the employee acquires 

necessary skills to take a job. The Department, however, would have to provide the same training 

that is normally provided to a person hired or transferred to the position, to the employee with a 

disability who is being reassigned. 

.03 VACANCY SEARCH PROCESS. 

a. The Department is required to reassign an employee to a “vacant funded” position that is 

equal in pay and status to the one held, or as close as possible, if an equivalent position is not 

available. The position must also be within the commuting area or any geographic area to which 

the employee indicates he or she is willing to move and for which the employee is qualified. In the 

event there is more than one vacancy for which the employee is qualified, the employee must be 

placed in the position that comes closest to his/her current position in terms of pay, status, benefits, 

and geographic location. If it is unclear which position comes closest, the RAC and/or HR should 

consult with the employee about his/her preference before determining the position to which the 

employee will be reassigned. 

b. “Vacant funded” means that the position is funded and available when the employee asks 

for reasonable accommodation, or that it will become available within a reasonable amount of time. 

A position is considered vacant even if a notice or announcement has been posted seeking 

applications for that position. The Department is not required to “bump” an employee from a job 

in order to create a vacancy; nor create a new position to accommodate an employee with a 

disability. 

c. The Bureau RAC will collaborate with the Bureau’s HR office to identify: (1) vacant funded 

positions within the Bureau for which the employee may be qualified, with or without reasonable 

accommodation; and/or (2) positions which HR has reason to believe will become vacant within 60 

calendar days from the date the search is initiated and for which the employee may be qualified. 

d. After a position is identified, the assigned HR Specialist will consult with the hiring official 

to confirm the skills sets, essential functions of the position, duties, etc. that are required, in order to 

make a qualifications determination. The HR Specialist should ask whether there are any 

qualifications or requirements that were not mentioned in the announcement. At this point, the 

HR Specialist must not mention the reasonable accommodation reassignment to the hiring 

official. 

e. Once the HR Specialist has ascertained all of the requirements for the position, the HR 

Specialist will compare them to the employee’s skills, experience and knowledge. If the employee 

meets the minimum qualifications for the position and can perform the essential functions of the 

position, with or without accommodation, the assigned HR Specialist will inform the hiring official 
that the position must be held for a reassignment. The gaining supervisor should not receive the 

name or contact information for the employee at this point. The placement/reassignment must be 

non-competitive, thus, there is no ranking process or interview.

f. The assigned HR Specialist will then contact the employee to offer the job and complete the 

necessary paperwork for the reassignment. The employee will have 14 calendar days from receipt 

of the offer to accept the reassignment. The identified vacancy must be held open during this time. 

The HR Specialist must also notify the Bureau PHRM and the RAC of the offer. The gaining 

servicing HR Office will complete the necessary reassignment paperwork. 

g. When a suitable, vacant funded position has been identified, the HR staff in the gaining 

Bureau must inform the gaining hiring official about the reassignment. The Staffing Specialist 

should inform the hiring official that the job description was reviewed and compared to the 

employee's resume, and s/he was found to be qualified. The HR Specialist may also provide the 

gaining hiring official with a sanitized copy of the employee’s resume (all identifying information, 

such as employee name, previous supervisor names, and contact information must be removed). 

h. The HR Staff Specialist may use the following statement to explain to the supervisor for the 

identified vacancy the reason for the placement: “Your vacancy was identified as a suitable position 

for an employee who needs a reassignment as an accommodation. DOC is required to follow 

EEOC guidance in this matter, which provides that this type of reassignment is non-competitive. 

The HR Staffing Specialist reviewed the job description, compared it to the employee's resume, and 

s/he was found to be qualified. If you wish to meet the employee before she/he begins working in 

the new position, you may do so, but we must stress that this is not an interview. It has already 

been decided that this employee will be reassigned to this position. Please note that an individual's 

disability status is private information and may not be shared with anyone not having a bona fide, 

business related need to know. I want to thank you for your support of DOC's efforts to comply 

with EEOC regulations.” 

i. If after 30 calendar days, a vacant funded position within the employee’s Bureau, has not 

been identified, the HR specialist must notify the Bureau’s PHRM, or designee, and submit a 

request for a Department-wide vacancy search. The HR Specialist will also provide the PHRM, 

or designee, and the Bureau RAC a consolidated list of the Bureau-wide vacancy search results. 

Concurrently, the search must continue within the employee’s assigned Bureau. 

j. Reassignment does not include giving an employee a promotion. An employee 

must compete for any vacant funded positions that would constitute a promotion. 

k. If there are no vacant funded equivalent positions, the employee may be assigned to a vacant 

funded lower-level position for which the individual is qualified. If the employee accepts a 

reassignment to a lower graded position or position carrying less seniority due to the absence of an 

equivalent vacancy, the Department is not required to maintain the employee’s salary or seniority 

from the higher graded position, unless it does so for other reassigned employees without 

disabilities. 

l. Reassignment must first be attempted within the employee’s assigned Bureau before the 

Department offers reassignment to a vacant funded position that is outside of an employee's office, 

branch, division, bureau, department, facility, personnel system (if the employer has more than a 

single personnel system), or geographical area. 
m. Reassignments may also be made to a vacant funded position outside of the employee’s 

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

management, the Department will not pay for the employee’s relocation costs, unless it pays the 

costs for other employees without disabilities. 

n. The Department-wide vacancy search may be extended up to 60 calendar days from the date 

it is requested. There will be no further extension beyond the additional 60 calendar days unless 

there are extenuating circumstances (see Section 10.04b of this DAO). Department-wide vacant 

funded searches should be processed through the Bureau’s Principal Human Resources Manager 

(PHRM) or designee. 

.04 FINAL DISPOSITION OF REQUEST 

a. After the Department has completed its vacancy search, identified whether there are any 

vacant funded positions available (including any positions that will become vacant in a reasonable 

amount of time), notified the employee of the results, and either offered an appropriate vacancy to 

the employee or informed him/her that no appropriate vacancies are available, the Department will 

have fulfilled its obligation. 

b. If an employee is reassigned as a reasonable accommodation and is not able to perform the 

essential functions of the reassignment position, with or without reasonable accommodation, the 

reassignment has not been an effective accommodation. Subsequent reassignments will be 

considered on a case-by-case basis. If the employee is not able to perform the essential functions 

of the position due to performance issues unrelated to the need for accommodation, Departmental 

procedures for addressing performance issues will be followed. 

c. If the employee declines the job placement offer, the assigned HR Specialist will notify the 

Bureau PHRM and RAC. The Bureau PHRM, or designee, will issue a written notification to the 

employee informing him/her that there will be no further vacancy searches conducted based on 

his/her decision to decline the offer of reassignment. 

d. If after 60 calendar days from receipt of the request for reassignment, no suitable vacant 

funded positions have been identified to which the employee can be reassigned, or the employee 

declines a job placement offer, the PHRM must notify the RAC and the employee’s DMO. The 

DMO will then issue a written notification of denial with specific reasons for the denial, to the 

requester within 14 business days of notification from the PHRM. Before denying a request for 

reasonable accommodation, the DMO must consult with the RAC and OGC to ensure all efforts 

have been made to provide reasonable accommodations to the employee, including reassignment. 

See Section 8.03 of this DAO for information on Denials. 

.05 PROBATIONARY EMPLOYEES 

An employee with a disability is eligible for reassignment to a new position, regardless of whether 

she/he is considered "probationary," as long as the employee adequately performed the essential 

functions of the position, with or without reasonable accommodation, before the need for a 

reassignment arose. If, however, the probationary employee has never adequately performed the 

essential functions, with or without reasonable accommodation, then she/he is not entitled to 

reassignment because she/he was never "qualified" for the original position. However, the 

employee may request consideration for a change to lower grade as a reasonable accommodation. 
.06 RESPONSIBILITIES 

a. Reasonable Accommodation Coordinator (RAC) 

1. The RAC will provide guidance to the Deciding Management Official (DMO) in 

making the determination that an employee with a disability cannot be accommodated in his/her 

current position due to the disability or undue hardship. The RAC will document all efforts the 

Bureau has taken to accommodate the employee. The RAC should also identify any functional 

limitations the employee has with respect to reassignment. 

2. The RAC, in collaboration with HR, will discuss the reassignment option with the 

employee and have the employee complete and submit the “Declaration of Availability for 

Reassignment within the Department of Commerce.” 

3. If an employee accepts a job in another Bureau, the RAC in the employee’s current 

Bureau must immediately notify the RAC in the gaining Bureau. The gaining RAC will assist 

the employee with acquiring all needed accommodations in the newly assigned position. 

b. Servicing Human Resource Office 

1. The employee’s servicing HR office will work with the RAC in the manner described 

above in order to meet the requirements to accommodate employees with disabilities who have 

been deemed eligible for reassignment. 

2. The employee’s servicing HR office must collaborate with the RAC and communicate 

with the employee to ensure all pertinent information (i.e. employee’s knowledge, skills, 

abilities, grade level, geographic preference, etc.) is considered when attempting to 

reassignment him/her. 

3. The servicing HR Specialist must ensure s/he does not divulge the employee’s 

disability status or condition to the DMO or any potential hiring officials. 

c. Principal Human Resource Manager (PHRM) 

1. The requester’s servicing PHRM, or designee, must send required requests and 

decisions, within 14 calendar days to the appropriate offices/persons, as described in the process 

above. PHRMs, or designees, must certify that a thorough and impartial search of the Bureau’s 

vacant funded positions was conducted. The RAC may also provide to the PHRM any 

functional limitations the employee has expressed. 

2. The servicing PHRM, or designee, will serve as the DMO for all final reassignment 

determinations. The PHRM, or designee, issues the final written denial decision, when it has 

been determined that there are no suitable positions in which the employee can be reassigned. 

d. Employee Responsibility

1. The employee requesting the reasonable accommodation must cooperate with their 

Bureau RAC and HR officials by completing and submitting the “Declaration of Availability for 

Reassignment Within Department of Commerce (DOC)” form (Exhibit 2), along with a current 

resume, to the RAC within seven (7) calendar days of receiving notification of reassignment 

eligibility. 
2. If the employee does not submit the requested documents within the seven (7) 

calendar days, the employee’s qualifications for current vacancies will be based only on 

available information. The employee may continue to work in the current unit during the 

vacancy search and must be provided appropriate reasonable accommodations. 

3. Once the job offer is made, the employee’s Bureau HR Office will give the employee 

a written notification of Offer of Reassignment. The employee will have 14 calendar days 

from his or her receipt of the offer to decide whether to accept the offered reassignment. If the 

employee turns down the offer or does not respond within the 14 days, the employee is no longer 

considered eligible for reassignment. 

e. Hiring Official

1. The hiring official is allowed to meet with the reassigned employee before they begin 

working in the new position, but only after the job offer has been extended and accepted by the 

employee. The hiring official may not interview the employee and is prohibited from asking 

about disability status or specific information regarding the employee’s medical condition. The 

HR or the RAC should not disclose the employee’s disability status. However, in the event 

additional accommodations are required after the employee begins working in the new position, 

the hiring official may be provided information regarding the employee’s limitations in order to 

make a decision on a subsequent RA request. 

2. If the hiring official of the gaining organization, after reviewing the employee’s 

resume, believes the employee is not qualified for the position, he/she must submit a written 

justification of his/her rationale for review by the PHRM, OGC and the RAC. The PHRM will 

make the final determination on whether a person is qualified for the position. 
APPENDIX E 

ADDITIONAL RESOURCES 

1. U.S. Equal Employment Opportunity Commission - provides resource information 

and policy guidance for processing reasonable accommodation requests and frequently 

asked questions. 

 EEOC Enforcement Guidance: Disability-Related Inquiries and Medical 

Examinations of Employees Under the Americans with Disabilities Act (July 27, 

2000) https://www.eeoc.gov/policy/docs/guidance-inquiries.html

 EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship 

Under the Americans with Disabilities Act (revised October 17, 2002). 

https://www.eeoc.gov/policy/docs/accommodation.html

 Q&A on the Final Rule Implementing the Americans with Disabilities Act 

Amendments Act (ADAAA) of 2008 - provides answers to questions on changes 

made to the Americans with Disability Act, how the changes are to be interpreted, 

and the expanded definition of “disability”. 

https://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm

 ADAAA Fact Sheet -https://www.eeoc.gov/laws/regulations/adaaa_fact_sheet.cfm

2. Q&A: Federal Agencies' Obligation to Provide Personal Assistance Services 

(PAS) under Section 501 of the Rehabilitation Act - 

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

3. Section508.gov - provides guidance to Federal agency staff who play a role in IT 

accessibility. - https://www.section508.gov/

This site addresses several key topics, including: 

 Program Management - provides best practices on how to manage an effective IT 

Accessibility program; 

 Procurement - helps agencies understand how to clearly define accessibility 

requirements for ICT procurements, and helps ICT vendors understand the need to 

demonstrate the accessibility of their IT products and services for potential federal 

buyers; 

 Tools & Training - conducts and facilitates training for IT Accessibility program 

managers and agency procurement officials, and offers tools to automate common 

accessibility-related management tasks and; 

 Policy Compliance -helps Federal agencies understand and meet their 

responsibilities under Section 508 and related laws and policies. 

 Pregnant Workers Fairness Act (PWFA) – a new law that requires covered 

employers to provide “reasonable accommodations” to a worker’s known 

limitations related to pregnancy, childbirth, or related medical conditions, unless 

the accommodation will cause the employer an “undue hardship.” For more 

information on this new law visit the EEOC website: What You Should Know 

About the Pregnant Workers Fairness Act.
4. U.S. Access Board - promotes equality for people with disabilities through leadership in 

accessible design and the development of accessibility guidelines and standards for the 

built environment, transportation, communication, medical diagnostic equipment, and 

information technology. Accessibility guidelines and standards issued under the American 

with Disability Act (ADA), the Architectural Barriers Act (ABA), and Section 508 of the 

Rehab Act, can be found on the Boards website - https://www.accessboard.gov/guidelines-and-standards. 

5. Job Accommodation Network (JAN) - is funded by the U.S. Department of Labor’s 

Office of Disability Employment (ODEP) Policy and provides information on the (ADA) 

and a wide range of reasonable accommodations options for many different types of 

disabilities. http://askjan.org

6. Office of Disability Employment Policy (ODEP) – ODEP is a sub-agency of the 

Department of Labor. Its mission is to develop and influence policies and practices that 

increase the number and quality of employment opportunities for people with disabilities. It 

is the only non-regulatory federal agency that promotes policies and coordinates with 

employers and all levels of government to increase workplace success for people with 

disabilities. https://www.dol.gov/odep/

7. Employer Assistance and Resource Network (EARN) on Disability Inclusion – provides 

support to employers in their efforts to recruit, hire, retain and advance qualified individuals 

with disabilities. http://www.askearn.org/

8. Partnership on Employment & Accessible Technology (PEAT) - is a multi-faceted 

initiative to foster collaboration and action around accessible technology in the workplace. 

Guided by a consortium of policy and technology leaders, PEAT works to help employers, 

IT companies, and others to understand why it pays to build and buy accessible technology, 

and how to do so. PEAT is funded by the U.S. Department of Labor's Office of Disability 

Employment Policy (ODEP) and is managed by the Rehabilitation Engineering and 

Assistive Technology Society of North America (RESNA). http://www.peatworks.org/

9. Title 42, Chapter 126-Equal Opportunity for Individuals with Disabilities, 

Subchapter IV-Miscellaneous Provisions §12211, Definitions. 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-

section12211&num=0&edition=prelim 
FORM CD-575 

(REV. XXXX, 2021) 

DAO 215-10 

U.S. DEPARTMENT OF COMMERCE 

WRITTEN CONFIRMATION OF REQUEST FOR REASONABLE ACCOMMODATION 

 Please submit this form as soon as possible to your servicing Reasonable Accommodations Coordinator (RAC)

This form is used for record-keeping and reporting purposes. It is an option for providing a written confirmation of 

your request for reasonable accommodation. The information provided may be used to determine whether reasonable 

accommodation is needed and, if so, what accommodation will be effective and appropriate. This form is subject to 

confidentiality requirements and will be maintained in files, hardcopy or electronic, separate from your personnel 

file. 

PART A: EMPLOYEE REQUEST 

Instructions: This section is to confirm your request for reasonable accommodation. If more space is needed, please

attach a separate sheet. The RAC may complete this section for the requestor if the requestor requires assistance 

or otherwise cannot complete the form. Completion of this form is voluntary. Requests for accommodation will 

be addressed promptly even if the requestor does not complete this form. 

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities 

covered by GINA Title II from requesting or requiring genetic information of an individual or family member 

of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you 

not provide any genetic information when responding to this request for medical information. Genetic 

information, as defined by GINA, includes an individual’s family medical history, the results of an 

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

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

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

reproductive services. 

1. Requestor’s name: 

2. Requestor’s telephone number and e-mail address: 

3. If the requestor is a current employee of the Department: 

3.a. Requestor’s title, series, and grade: 

3.b. Requestor’s bureau (or O/S) and division: 

3.c. Name and title of requestor’s immediate supervisor: 

3.d. Telephone number and e-mail address of Requestor’s immediate supervisor: 
FORM CD-575 

(REV. XXXX, 2021) U.S. DEPARTMENT OF COMMERCE

DAO 215-10 

PAGE 2 OF 6

































4.a. Name of the person the Requestor contacted initially about this request for reasonable accommodation:

4.b. Role of that person (check all that apply): 

 Immediate supervisor; 

 Another supervisor in the requestor’s chain of 

command; 

 Reasonable Accommodation Coordinator (RAC); 

 HR Specialist; 

 EEO Specialist; and/or 

 Other: 

5. Date of initial reasonable accommodation request: 

6. Functional limitations and/or workplace barriers for which accommodation is needed. (Note: The response to this 

item need not identify the requestor’s medical impairment or condition.) 

7. Specific accommodation(s) the requestor is seeking. (Note: An employee must be able to perform the essential 

functions of the employee’s position, either with or without accommodation.) 

8. Check any of the below categories that apply to the request. (Note: These categories provide examples of 

frequently-requested accommodations. This is not an exhaustive list.) 

Reconfigured work space; 

Removal of an architectural barrier; 

Acquisition or modification of equipment, furniture, or devices; 

Assistive Technology; 

Adaptive Equipment; 

Ergonomic office furniture; 

Materials in alternative formats; 

Adjustment or modification of examinations, training materials, or policies; 

Readers, interpreters (such as Sign Language interpreters), or captioning; 

Job restructuring; 

Part-time or modified work schedules (such as an Alternate Work Schedule); 

Telework; 

Parking; 

Scooter; 

Reassignment to a vacant, funded position; and/or 

Other: 
FORM CD-575 

(REV. XXXX, 2021) U.S. DEPARTMENT OF COMMERCE

DAO 215-10 

PAGE 3 OF 6









9. Reasonable accommodation is needed to (check all that apply): 

Participate in the application process; 

Perform the essential functions of the requestor’s job; 

Gain access to the workplace; and/or 

Enjoy equal benefits and privileges of employment as are enjoyed by similarly-situated 

employees without disabilities (e.g., training, employee assistance programs, credit unions, 

cafeterias, lounges, gymnasiums, auditoriums, parties or other social functions). 

10. Length of time the required accommodation(s) will be needed: 

11. Explain any time-sensitive issues related to the request. 

NOTE: If a disability and/or need for reasonable accommodation is not obvious and not already on file with the 

Department, the RAC may request medical documentation to substantiate the disability and/or the need for the 

requested accommodation. The RAC will use the medical documentation submitted to: 1) determine if 

the requestor has a covered disability, 2) identify functional limitations and how the limitations effect the 

employee's ability to perform their essential job duties, 3) determine if the requestor needs an accommodation 

based on their disability and which accommodation(s) would be effective and appropriate. In making this 

determination, the RAC may consult various medical professionals, including the requestor’s physician, medical 

professionals from Federal Occupational Health (FOH), or the Bureau’s health unit, when necessary. (DAO 

215-10, Section 11) 

Ordinarily, the deciding management official (DMO) does not need to know the requestor’s underlying 

medical condition or impairment. The RAC will provide the DMO with the information needed to 

understand the requestor's functional limitations and what accommodation(s) are recommended and effective. 

The RAC is an advisor and does not have authority to approve or deny a request. In compliance with the 

Privacy Act and confidentiality requirements, the RAC will not share the requestor's medical documentation with 

anyone who does not have an official need to know. (DAO 215-10, Section 16) 

Signature of Requestor Date
FORM CD-575 

(REV. XXXX, 2021) U.S. DEPARTMENT OF COMMERCE

DAO 215-10 

PAGE 4 OF 6

PART B: ACCOMMODATION REPORT 

Items 1 through 3 are to be completed by the RAC and provided to the deciding official. 

1. Name individual requesting reasonable accommodation (requestor): 

2. Title, bureau, and division of Requestor (if the Requestor is a current employee of the Department): 

3. Accommodation(s) requested: 

Items 4 through 12 are to be completed by the deciding management official (i.e., Supervisor, Office or Division 

Director, HR Specialist). The deciding management official must complete and submit this form to the RAC as 

soon as possible after a final decision has been made on the reasonable accommodation request. 

4. Name and title of deciding official: 

5. Date reasonable accommodation request was referred to deciding official: 

6. Interim measures provided, if any: 

7. Date reasonable accommodation approved or denied: 

8. If time frames outlined in DAO 215-10, Reasonable Accommodation for Employees or Applicants with Disabilities 

were not met, explain reason(s): 

9. Decision on reasonable accommodation request: 

 Approved  Denied 
FORM CD-575 

(REV. XXXX, 2021) U.S. DEPARTMENT OF COMMERCE

DAO 215-10 

PAGE 5 OF 6

10. If approved, identify the accommodation(s) granted: 

11. If denied, attach a copy of the written denial letter or memorandum that identifies the reason (see 

Section 8 of DAO 215-10). 

12. Sources of technical assistance, if any, consulted in trying to identify possible reasonable accommodations (e.g., 

Federal Occupational Health (FOH), Job Accommodation Network (JAN), disability organization). (Note: The response 

to this item should not identify legal advice provided by the Office of the General Counsel.) 

Deciding Official’s signature Date Daytime telephone number and e-mail Address 

For more information on how to contact the servicing RAC, please see the Office of Civil Rights website: 

http://www.osec.doc.gov/ocr/CivilRights/Disability/ReasonableAccommodation.html or contact:

Disability Program Manager/Policy Advisor 

Office of Civil Rights, U.S. Department of Commerce 

14th Street and Constitution Avenue, NW, Room 6012 

Washington, D.C. 20230 

Attention: [202-482-8201]

If the request is denied or does not meet the needs of the requestor, the requestor may request reconsideration

from a higher-level supervisor in the requestor’s chain of command. Any request for reconsideration must be 

received no later than 15 business days from the date the requestor received the decision. Any requestor 

seeking reconsideration must follow the process outlined in DAO 215-10, including submitting with there 

consideration request, a copy of the decision issued to the requestor and any additional information or 

arguments the requestor wishes to submit. 

To initiate an EEO complaint, the requestor must bring the matter to the attention of an EEO counselor within 45 

calendar days of the requestor’s receipt of the decision. Pursuing reconsideration of a denial will not toll or 

extend mandatory time limits for initiating EEO complaints or other grievance procedures. To initiate an EEO 

compliant or for additional information, contact your Bureau's EEO Office. 
FORM CD-575 

(REV. XXXX, 2021) U.S. DEPARTMENT OF COMMERCE

DAO 215-10 

PAGE 6 OF 6

Privacy Act Statement 

Authority: The Privacy Act of 1974, as amended (5 U.S.C. 552a), requires that you be given 

certain information about this form. The authority for this Request for Reasonable Accommodation 

form is derived from the Rehabilitation Act of 1973, as amended, which stipulates that Federal 

agencies must provide reasonable accommodations to qualified individuals with disabilities. See 29 

U.S.C. 791; 29 C.F.R. Part 1614; see also 20 C.F.R. Part 1630. Further, Executive Order 13164 

mandates that Federal agencies have written procedures for providing reasonable accommodation 

and maintain records in order to monitor the effectiveness of the procedures. 

Purposes/Routine Uses: The Bureau Reasonable Accommodation Coordinators will maintain a 

record of all accommodation requests, including this form, which will be utilized to determine the 

efficacy and consistency of the reasonable accommodation process and be compiled for reports to 

the Equal Employment Opportunity Commission (EEOC); these records are subject to periodic 

review by the EEOC, or the Director, Office of Civil Rights, at their request, to ensure compliance. 

The information collected on this form must be kept in files separate from the individual's personnel 

file and treated as a confidential medical record, except that: 

x supervisors and managers who need to know may be told about necessary restrictions on 

the work or duties of the employee and about the necessary accommodation(s); 

x first aid and safety personnel may be told if the disability might require emergency 

treatment or evacuation assistance; 

x government officials may be given information necessary to investigate the agency's 

compliance with the Rehabilitation Act or other applicable laws; 

x the information may in certain circumstances be disclosed to workers' compensation 

offices; and 

x agency EEO officials may be given the information to maintain records and evaluate and 

report on the agency's performance in processing reasonable accommodation requests. 

See 29 C.F.R. 1630.14(c) and EEOC Policy Guidance on Executive Order 13164: Establishing 

Procedures to Facilitate the Provision of Reasonable Accommodation (Policy Guidance), EEOC 

No. 915.003 (October 20, 2000), Sec. II(D), Q. 20, available online at 

https://www.eeoc.gov/laws/guidance/policy-guidance-executive-order-13164-establishingprocedures-facilitate-provision. In addition, the information collected on this form may be used for 

Routine Uses set forth in System of Records Notice COMMERCE/DEPT-18, Employees 

Personnel Files Not Covered by Notices of Other Agencies, available at 

https://www.osec.doc.gov/opog/PrivacyAct/SORNs/DEPT-18.html, except as prohibited by the 

Rehabilitation Act of 1973 or as otherwise prohibited by law. 

Disclosure: Completion of this form is voluntary. However, without this information you may not 

be provided an appropriate and effective accommodation.
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EXHIBIT 2 

DECLARATION OF AVAILABILITY FOR REASSIGNMENT WITHIN 

DEPARTMENT OF COMMERCE (DOC)

1. EMPLOYEE INFORMATION 

Name: _____________________________________ Telephone: ________________________ 

Home Address: _____________________________________________________________________ 

Bureau/Office/Division: _____________________________________________________________ 

Work Address: _____________________________________________________________________ 

Job Title: ___________________________________ Series/Grade: ______________________ 

2. It has been determined that you are no longer able to perform the essential functions of your current position 

due to the functional limitations associated with your disability. However, DOC would like to retain you as an 

employee. Therefore, we are offering to search for a suitable position within the Department to which you can 

be reassigned. With the information you provide below, we will perform a search to identify vacant, funded 

positions for which you may be qualified. Please review the options listed below and select those you are 

willing to consider. Please complete and return this form to (INSERT RAC NAME AND EMAIL OR 

OFFICE LOCATION) by (DATE).

3. Please submit a response to each item below: 

a. I am willing to consider reassignment to work in the following geographic area(s) (please check one or more):

 Anywhere within my current Bureau or local commuting area (see definition below) * 

 Anywhere within the 4 8 contiguous United States (excludes Hawaii and Alaska) 

 Anywhere within the 50 United States (includes Hawaii and Alaska) 

 Outside the United States (if applicable, please indicate the location(s) outside the United States for 

which you would be available to work): 

______________________________________________________________________________ 

b. I am willing to accept a position at a lower grade and/or seniority if there are no vacant equivalent positions 

available. 

 Yes 

 No 

Lowest Grade or salary willing to accept: ________________________ 

c. I am willing to accept a different type of position (e.g., different occupational series) for which I am qualified. 

 Yes 

 No 

d. I am willing to accept a part-time position. 

 Yes 

 No 

*Commuting area means the geographic area surrounding a work site that encompasses the localities 
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where people live and reasonably can be expected to travel back and forth daily to work, as established by 

the Department of Commerce based on the generally held expectations of the local community. 

 I understand that this is a statement of my geographic/position availability only and does not 

guarantee placement in a position or an offer of reassignment to a particular location. 

 I understand that placement depends on the availability of a vacant funded position and a 

determination by DOC Human Resources staff that I am fully qualified and eligible for the 

position. I understand that this determination may include input from the hiring official. 

 I understand that as with other transfers not required by management, the Department will not pay 

my relocation costs/expenses. 

 I understand that the Department must consider reassignment when it determines there are no 

effective accommodations available that will permit me to perform the essential functions of my 

current position or that would not cause undue hardship. Further, if DOC cannot find a suitable 

position for me within the designated timeframe, the agency has no further obligation to seek 

reassignment for me and I will be advised of other options. 

 Employee’s Signature Date 

For more information on Reassignment as a Reasonable Accommodation see DAO 215-10, 

Appendix D, http://www.osec.doc.gov/opog/dmp/daos/dao215_10.html 
EXHIBIT 3 

Sample Request to Bureau PHRM for Vacant Funded Search 

SUBJECT: Search for Vacant Funded Positions 

(Insert Name of Requesting Bureau) has an employee that has been approved for reassignment 

as a reasonable accommodation. Due to the employee’s limitations, he/she can no longer perform 

the essential functions of their current position. There are no effective reasonable 

accommodations available that will permit the employee to perform the essential functions of 

his/her current position or that would not cause undue hardship. 

In accordance with Federal law and DAO 215-10, Reasonable Accommodation for Employees or 

Applicants with Disabilities, reassignment is the accommodation of last resort and must be 

considered as an accommodation prior to terminating an employee with a disability. (Insert 

Name of Requesting Bureau) needs your assistance with identifying all current and/or 

anticipated (within next 60 days), vacant-funded positions within your Bureau to which we could 

possibly reassign this employee. The employee understands s/he must be qualified for the 

position. The employee has completed the Declaration of Availability for Reassignment Within 

the Department of Commerce (DOC) indicating her/his geographic and position availability 

preferences (see attached). 

(If there is a specific reasonable accommodation needed for the reassigned position it 

should be stated here. For example, due to the employee’s medical condition s/he would 

also need a position which allows telework 3 days a week.) 

The employee is currently employed as a (i.e., Management Analyst, ZA-0343-03). Attached is 

a sanitized copy of the employee’s resume. 

Please reply to this email within 10 days or NLT COB (Insert MONTH, DAY, and YEAR)

and provide a listing of the search results for current/anticipated vacant positions in your 

organization. Even if you are not able to identify any vacant positions for which the employee 

qualifies, you are required to send a negative response so we are able to document our search. 

Should you have any questions, please contact (Insert Name, email, and phone number of 

Bureau RAC). 
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EXHIBIT 4 

SAMPLE DECISION LETTER 

DATE: (Month, Day, Year) 

MEMORANDUM FOR: (Requestor’s Name) 

 (Position Title) 

 (Bureau/Organization) 

 

FROM: (Supervisor/Deciding Management Official) 

(Position Title) 

 (Bureau/Organization) 

SUBJECT: Decision – Reasonable Accommodation Request 

This is in response to your request for reasonable accommodations under the provisions of the 

Rehabilitation Act of 1973, as amended, and Department Administrative Order (DAO) 215-10. 

Your request was made to enable you to: 1) apply/interview for a job, 2) perform the essential 

functions of your position, or 3) access a benefit or privilege of employment.) (Select which 

one(s) apply.) 

On (Date), you submitted a written request for the following accommodation(s) (briefly 

describe): 

 I.E. :Parking space at HCHB or RRB because of physical limitations associated with your 

medical condition that prevent your use of mass/public transportation to commute to 

work. The use of mass/public transportation is too lengthy and is causing aggravation of 

your existing medical condition. 

 I.E.: Flexible work schedule and flexible telework for short periods in the mornings or 

evenings, potentially on multiple days a week depending on symptoms, and to better 

management conditions when symptoms flare up. 

1. If the original request is GRANTED/APPROVED, as requested, include the following. 

Your request is approved and will begin on _______________. (Include any information about 

implementation of the RA that the requestor needs to know.)

2. If GRANTING an alternate accommodation, include the following. 

Although I am not providing the specific accommodation you requested, I am offering an 

alternate accommodation which I have determined to be reasonable and effective. (Briefly 

describe the alternate accommodation and the reason why it was chosen instead of what 

was requested). 
2 

3. If the accommodation is DENIED, provide the following. 

Your original request was not approved because (select which one(s) apply):

 The accommodation would require removal of an essential function of the job 

 You do not have a disability covered by the Rehabilitation Act 

 Medical documentation provided did not support the request 

 The accommodation requested would not be effective 

 Accommodation would require lowering of a performance or production standard 

 Accommodation would cause an undue hardship to the operation of the unit 

 Allowing you to work would create a direct threat or safety issue for you and/or others 

4. Provide a detailed reason for the denial of the original request: 

5. The following information must be included on all decisions notifications. 

Pursuant to DAO 215-10, the Department shall provide a reasonable accommodation for a 

qualified employee with a disability unless to do so would impose an undue hardship on the 

agency. A reasonable accommodation is any change in the work environment (or in the way 

things are usually done) to help a person with a disability apply for a job, perform the duties of a 

job, or enjoy equal benefits and privileges of employment. The Department is required to 

provide an effective accommodation that enables you to perform the essential functions of your 

job and enjoy the benefits and privileges of employment, but not necessarily the accommodation 

of your choosing. (Include the following sentence ONLY when the accommodation has been 

GRANTED). The accommodation provided by the agency is considered to be the most effective 

and appropriate in consideration of your medical condition, functional limitations, the essential 

functions of your position, and the operational needs of the office. 

If your request has been denied or you feel the accommodation provided does not meet your 

needs, you may request reconsideration from a higher-level management official in your official 

chain of command. Any request for reconsideration must be received within 15 business days 

from the date you receive this decision. You must follow the processes outlined in DAO 215-10, 

including submitting with your reconsideration request, a copy of the decision, and any 

additional information or arguments you wish to submit. 

You also have the right to seek redress in an appropriate forum as outline below. 

To initiate an EEO complaint, you must bring the matter to the attention of an EEO counselor 

within 45 calendar days of receipt of this decision notice. To do so, or for additional information, 

contact the [insert EEO Office information] or the Office of Civil Rights at 202-482-8121. 
3 

For a collective bargaining claim, file a written grievance in accordance with the provisions of 

the Collective Bargaining Agreement. Contact your local union representative for information. 

Pursuing reconsideration of a denial will not toll or extend mandatory time limits for initiating 

EEO complaints or other grievance procedures. 

If the accommodations provided for herein are not meeting your needs, are no longer required, or 

additional accommodations are necessary, immediately notify me or (insert Bureau RAC 

name, telephone number, and email). If you have any questions about this decision or the 

reasonable accommodation process, please do not hesitate to contact me or (Bureau RAC 

name).

Receipt Acknowledgment 

Please sign and date to acknowledge receipt of this memorandum. 

________________________________ ______________________________ 

Requestor Signature Date 

cc: Name of RAC, Reasonable Accommodation Coordinator