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National Geospatial-Intelligence Agency

INSTRUCTION

NUMBER 1020.2

24 September 2020

ODE

SUBJECT: Reasonable Accommodation and Personal Assistance Services

References: See Enclosure 1.

1. PURPOSE. This Instruction:

(a) Establishes policy, assigns responsibilities, and provides procedures for the 

receipt and processing of reasonable accommodation (RA) requests from all interested 

personnel, and requests for personal assistance services (PAS) from employees with a 

targeted disability.

(b) Rescinds NGA Instruction 1020.2, “Reasonable Accommodation,” 1 October 

2005, Administrative Update 1, 05 November 2015.

2. APPLICABILITY. This Instruction applies to:

(a) All NGA employees, prospective civilian employees, applicants for civilian 

employment, and affiliated intelligence community (IC) personnel permanently assigned 

to NGA who meet the definition of a Qualified Individual with a Disability (QUID) in need 

of an RA.

(b) All NGA employees and affiliated IC personnel permanently assigned to NGA 

who meet the definition of a qualified individual with a targeted disability in need of PAS.

(c) Any contractor personnel jointly employed by NGA in need of an RA. Contractor 

personnel not jointly employed by NGA and in need of an RA should follow their 

employer’s procedures. However, all requests for accommodation through the 

contractor’s employer will be coordinated between the Office of Diversity, Inclusion, and 

Equal Employment Opportunity (ODE) and the contractor’s employer to ensure that any 

agreed-upon accommodation meets NGA safety requirements.

3. DEFINITIONS. See Glossary.

4. POLICY. It is NGA policy to provide RAs and PAS allowing employees to more fully 

participate in the Agency’s mission requirements, activities, and events. This Instruction

is available to all employees and job applicants by contacting ODE at (571) 557-7374 or 
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(314) 676-3272. It is also posted to ODE’s webpage on the Agency’s internal website

and can be accessed on the NGA public website at https://www.nga.mil. (Reference (c))

5. RESPONSIBILITIES. See Enclosure 2.

6. PROCEDURES. See Enclosure 3.

7. EFFECTIVE DATE. This Instruction is effective on the date of signature.

Ernest B. Markham

Chief of Staff

Enclosures

1. References

2. Responsibilities

3. Procedures for Reasonable Accommodation

4. Procedures for Personal Assistance Services

Glossary
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TABLE OF CONTENTS

CHANGE LOG ................................................................................................................ 4

ENCLOSURE 1: REFERENCES..................................................................................... 5

ENCLOSURE 2: RESPONSIBILITIES ............................................................................ 6

Director, NGA............................................................................................................. 6

Director, Office of Diversity, Inclusion, and Equal Employment Opportunity.............. 6

Deputy Director, Office of Diversity, Inclusion, and Equal Employment Opportunity.. 6

Reasonable Accommodation Program Manager ....................................................... 6

Director, Human Development................................................................................... 7

General Counsel........................................................................................................ 7

Director, Security and Installations............................................................................. 7

Director, Chief Information Officer and Information Technology Services.................. 8

Director, Office of Corporate Communications .......................................................... 8

Supervisors/Managers ............................................................................................... 8

Employees ................................................................................................................. 8

Applicants for Employment ........................................................................................ 9

Contractor Employees ............................................................................................... 9

Contract Officer Representatives ............................................................................... 9

ENCLOSURE 3: PROCEDURES FOR REASONABLE ACCOMMODATIONS ............ 10

Initiating a Reasonable Accommodation Request.................................................... 10

Medical Information.................................................................................................. 11

Use, Confidentiality, and Dissemination of Medical Information .............................. 12

Processing Reasonable Accommodation Requests ................................................ 13

The Interactive Process ........................................................................................... 15

Reassignment—Accommodation of Last Resort ..................................................... 16

Reconsideration of a Reasonable Accommodation Request Denial........................ 17

Resourcing and Costs of Accommodation ............................................................... 18

Annual Review of Afforded Accommodation............................................................ 20

Information Management ......................................................................................... 20

ENCLOSURE 4: PROCEDURES FOR PERSONAL ASSISTANCE SERVICES.......... 22

Initiating Personal Assistance Services Requests ................................................... 22

Time Limits .............................................................................................................. 22

Processing of Personal Assistance Services Requests ........................................... 22

GLOSSARY .................................................................................................................. 24
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CHANGE LOG

Change Change 

Date

Revised 

By

Pages 

Affected

Change Description
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ENCLOSURE 1

REFERENCES

(a) Rehabilitation Act of 1973, as amended 

(b) Americans with Disabilities Act of 1990, as amended

(c) 5 Code of Federal Regulations (CFR) Part 339, Medical Qualification 

Determinations, 17 February 2017

(d) 29 CFR Part 1614, Federal Sector Equal Employment Opportunity, 01 July 2007

(e) 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of 

the Americans with Disabilities Act

(f) “EEOC Enforcement Guidance: Pre-employment Disability-Related Questions and 

Medical Examinations,” 10 October 1995 

(g) “EEOC Enforcement Guidance on Reasonable Accommodation and Undue 

Hardship Under the Americans with Disabilities Act,” 17 October 2002

(h) “EEOC Enforcement Guidance on the Americans with Disabilities Act and 

Psychiatric Disabilities,” 25 March 1997 

(i) “Enforcement Guidance on Disability-Related Inquiries and Medical Examinations of 

Employees Under the ADA,” 26 July 2000

(j) NGA Instruction (NGAI) 1020.5, “Discrimination Complaints,” 23 October 2017

(k) NGAI 5500.10, “Alternative Dispute Resolution,” 01 May 2019

(l) “EEOC final rule on Personal Assistance Services for Individuals with Disabilities 

amending 29 CFR 1614.203 in clarification of affirmative action obligations imposed 

by Section 501 of the Rehabilitation Act of 1973,” as amended, 3 January 2017

(m) “Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by 

Temporary Employment Agencies and Other Staffing Firms,” December 1997
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ENCLOSURE 2

RESPONSIBILITIES

1. Director, NGA.

a. Designates the Director, ODE (D/ODE), to carry out the responsibilities of the 

Agency’s RA program and PAS.

b. Ensures that sufficient human capital and budgetary resources are allocated to 

operate and maintain a model Equal Employment Opportunity (EEO) program.

2. D/ODE.

a. Develops and establishes an RA program consistent with applicable laws and 

regulations.

b. Develops and establishes procedures to provide PAS consistent with applicable 

laws and regulations.

c. Ensures adequate funding is available to secure items necessary to fulfill 

individual requests for RAs and PAS.

3. Deputy Director, ODE (DD/ODE).

a. Provides advice and assistance to senior leadership related to the RA program 

and PAS.

b. Oversees the Agency’s final decision-making process on all requests for 

reconsideration of any denial of a requested RA.

c. Ensures any employee or applicant requesting reconsideration of a denial of 

accommodation is notified, in writing, of the right to contact an EEO counselor as to the 

denial of accommodation.

4. RA Program Manager (RA PM).

a. Advises supervisors/managers and employees on the RA process and PAS; may 

facilitate an interactive discussion in certain cases presenting unique or situational 

issues in accommodation.

b. Ensures acknowledgment of initial requests for RA and PAS is made within two

business days of receipt of the request.
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c. Determines if an individual meets the guidelines of a QUID as defined by the 

Rehabilitation Act of 1973, as amended, within five business days of receiving all 

required documents from the individual requesting an RA or PAS.

d. Consults with the Agency medical officer for review and verification of medical 

documentation when necessary.

e. Maintains contact with organizations involved with providing assistive equipment 

and services to employees with disabilities.

f. Trains the workforce on the Agency’s RA and PAS.

g. Coordinates all RA requests for Government contract employees with appropriate 

contract officer representatives (CORs). The RA PM will coordinate with the COR, 

appropriate personnel within the Security and Installation Operations Directorate (SI), 

and the contractor employer to ensure that the requested accommodation meets safety 

and occupational health standards.

5. Director, Human Development (HD).

a. Serves as the point of contact for NGA job applicants in need of an RA to 

participate in the hiring process.

b. Refers all requests for an RA to the RA PM for processing.

c. Coordinates through the Agency medical officer the provision of advice on medical 

assessments when necessary.

d. Notifies the DD/ODE of all requests for reconsideration due to a denial of a 

requested RA by an applicant.

6. General Counsel.

a. Provides legal review of RA requests as needed.

b. Advises the RA PM on legal matters related to the RA process.

7. Director, SI.

a. Conducts ergonomic workstation assessments.

b. Approves the use of assistive software and electronic devices requested via the 

RA process to ensure compliance with security guidelines.

c. Approves security plans and sets policy for unique needs for access to NGA 

facilities.
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8. Director, Chief Information Officer and Information Technology Services (CIO-T),

approves and installs special hardware, software (assistive technology), peripherals,

and voice and video telecommunications equipment to fulfill RA requirements.

9. Director, Office of Corporate Communications, provides captioning services for NGAgenerated multimedia.

10. Supervisors/Managers.

a. Communicate to the RA PM any requested accommodation from an employee 

and refer the employee to the RA Division for information.

b. Engage in the RA interactive process with employees to discuss RA requests to 

determine and grant an effective RA.

c. Document the outcome of the interactive discussion and the RA(s) granted.

Provide a copy of the documentation to the employee and the RA PM.

d. Monitor the effectiveness of the accommodation granted and make adjustments 

when necessary.

e. Provide a copy of the RA documentation to an employee’s new supervisor 

whenever a position change is made.

11. Employees.

a. Submit RA requests at any time, orally or in writing, to a supervisor or manager 

within the chain of command, to the ODE RA Division, to the RA PM, or directly to the 

RA assigned staff. No other Agency employee is designated or responsible for 

acceptance of RA requests from employees. The requester does not need to have an 

idea or a description of the type of RA sought prior to initiating a request.

b. Promptly respond to a request (within 30 days) from the RA PM for supporting 

medical documentation in cases where the disability and/or need for an accommodation 

are not obvious.

c. Update documentation provided to the RA PM at least annually or as requested.

d. Provide information related to current accommodations afforded to the employee

when assigned to a new supervisor.

e. Consider self-identifying in PeopleSoft as a Person with a Disability (PWD) or 

Person with a Targeted Disability.
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12. Applicants for employment must inform the HD recruiting official of any RA needs 

necessary to participate in the application and hiring process.

13. Contractor employees must submit requests for RA or PAS to their respective 

employers. If a contractor employee is denied an accommodation or the opportunity to 

engage in an interactive discussion, the contractor employee should inform the RA PM 

of ODE.

14. CORs.

a. Ensure Government contract firms provide the necessary RA for their employees 

to perform the terms of the contract articulated in the statement of work.

b. Ensure that delivery and installation of all computer hardware and software, 

electronic devices, and ergonomic furniture are coordinated with the RA PM before 

shipment and installation. All cost for any RA or PAS granted for contractor employees 

is the responsibility of the contract firm.
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ENCLOSURE 3

PROCEDURES FOR REASONABLE ACCOMMODATIONS

1. Initiating an RA Request.

a. A request for RA is a statement that an individual needs an adjustment or change 

at work, or in the job application process related to a disabling condition. The RA

process begins as soon as the request for accommodation is made. The requester does 

not have to use any special words, such as “reasonable accommodation” or “disability.”

In fact, an employee’s notifying a supervisor, in words or actions, of difficulties in 

performing a job task because of a disabling condition should prompt the supervisor to 

inquire as to whether the employee is in need of accommodation or would wish to 

consult with the RA staff.

b. An employee or an applicant for employment may request, orally or in writing, an 

RA for performing the essential functions of the job or for participating in the application 

process. Upon request by an employee or applicant for employment, the procedures for 

RAs will be provided in an accessible format.

c. Current employees can make the request to any supervisor or manager within the 

employee’s chain of command, to ODE’s RA PM, or to RA staff personnel. Applicants 

for employment can initiate an RA request through the Agency employee connected 

with the application/hiring process. An applicant for employment may request an RA, 

orally or in writing, to the HD official with whom the applicant has contact in connection 

with the application/hiring process. Applicants for employment will also track the 

processing of their RA request through contact with the HD official with whom the 

applicant has contact in connection with the application/hiring process.

d. An RA request can be made at any time, even if an applicant or employee has not 

previously disclosed the existence of a disability.

e. The person requesting accommodation does not have to have a particular 

accommodation in mind prior to making a request for accommodation.

f. An employee may designate a representative to submit an RA request on his/her 

behalf. When a representative makes a request on behalf of an employee, the RA PM

or supervisor should confirm the request with the employee to ensure that an 

accommodation is desired.

g. When an individual needs the same RA on a repeated basis (e.g., the assistance 

of sign language interpreters), a written request is required the first time only. However, 

the requester must give appropriate advance notice each time the accommodation will 

be needed.

h. Supervisors who receive RA requests should not question employees about their 

medical condition and should not rely on assumptions about an impairment to determine 
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if an employee is a qualified individual with a disability. Supervisors must communicate 

with employees early and periodically throughout the interactive process concerning the 

requested accommodation. If the supervisor is unable to provide the requested 

accommodation or cannot determine whether an RA is necessary, the supervisor

should contact the RA PM immediately.

2. Medical Information.

a. In situations where the disability or need for an accommodation is not obvious, the 

RA PM may only request documentation that is needed to establish that the individual 

has a disability and the disability requires an RA. The employee or applicant must be 

able to provide medical information related to the disability and functional limitation(s)

caused or resulting from the disabling condition. At a minimum, acceptable medical 

documentation must establish the nature of the medical condition, the limitations the 

medical condition imposes, and the causal connection between the medical condition 

and the inability to meet workplace expectations. The medical documentation must also 

state how the requested accommodation, if any, will assist the individual to apply for a 

job, perform the essential functions of a job, or enjoy the benefits and privileges of the 

workplace. Though not required to initiate the RA process, the employee requesting an 

accommodation may offer an explanation for any specifically defined or requested 

accommodation.

b. Failure to provide documentation could result in denial of an RA.

c. If medical documentation is needed, the five-business-day decision period will be 

suspended until sufficient documentation is received. Once the necessary documents 

are received, the five-business-day decision window will start.

d. Employees should ask their health care provider to provide documentation that 

includes clear and concise information regarding their medical condition, limitations, and 

type of RA necessary to assist with performing the essential functions of their current 

position or the application/ hiring process.

e. Medical documentation about an individual’s disability must be provided by a 

health care professional or rehabilitation professional. The term “health care 

professional” may include, but is not limited to, a doctor, chiropractor, psychiatrist, 

physician’s assistant, nurse practitioner, psychologist, nurse, physical occupational 

specialist, speech therapist, or licensed mental health care professional.

f. The RA PM will only request the information necessary to establish the existence 

of a disability and functional limitation(s) related to the disability. In most situations, this 

does not require access to a person’s complete medical record. ODE encourages the 

use by the health care professional of a simplified questionnaire available on the ODE 

website. When completed, the form normally contains sufficient medical information for 

RA staff to assess entitlement status, while minimizing the necessity for more extensive 

medical information or history.
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g. To assist the health care provider, the employee should provide a description of 

the current job, the essential functions he or she is expected to perform, and any other 

information that is relevant to assist with the evaluation of the request.

h. NGA has the right to have the medical information provided reviewed by the HD

medical officer or a medical expert of its own choosing, at NGA expense, to assist with 

the evaluation of the request for an RA.

i. NGA has a right to request relevant, supplemental medical information if the 

information submitted does not clearly explain the nature of the disability or to 

substantiate the requirement for an RA. In addition, if the medical information submitted 

is not sufficient, NGA has the right to require a physician of the Agency’s choosing, and 

at Agency expense, to examine the employee requesting the RA.

3. Use, Confidentiality, and Dissemination of Medical Information.

a. Under the Rehabilitation Act of 1973, as amended, medical information obtained 

in connection with the RA process must be kept confidential and will be obtained solely 

for the purpose of determining whether an individual’s disabling condition or status 

impacts their ability to perform any of life’s daily activities. In short, the medical 

information is analyzed for indications of a disability that would support a determination 

that a person is a QUID as defined pursuant to the Rehabilitation Act, and thereby 

eligible for an RA.

b. The medical information provided must be sufficient to address the nature of the 

person’s disability, the need for an RA, and how the requested accommodation, if any, 

will assist the individual to apply for a job, perform the essential functions of a job, or 

enjoy the benefits and privileges of the workplace. This means that all medical

information that NGA obtains in connection with such requests, including information 

about an employee’s or applicant’s disability and RA needs, must be kept in a secure 

location in locked files separate from the employee’s official personnel file. Any NGA 

employee who obtains or receives such information is strictly bound by confidentiality 

requirements and may disclose this information only to those authorized to receive the 

information as necessary to assist in the determination of an RA or the process for 

qualifying for accommodation.

c. Whenever medical information is disclosed, the individual disclosing the 

information must inform the recipients of the information about the confidentiality 

requirements attached to it. These recipients are also bound by the confidentiality 

requirements and to similarly store or handle the medical information in the manner 

prescribed for RA staff and to ensure the safeguarding of confidentiality.

d. Supervisors will be advised of the RA PM’s determination that an employee has a 

disability to the extent that he or she is eligible for an RA. The supervisor will also be 

informed of the recommended type or form of accommodation, or nature of any 
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limitation, detailed by the employee or noted by the employee’s health care 

professional. The supervisor will not be provided or allowed access to the specific 

information from the employee’s health care professional.

e. Personal or confidential medical information will not be provided to any other 

entity without the prior informed consent of the employee, except to the degree 

necessary for (1) supervisors and managers with a need to know may be told about 

necessary restrictions and about the necessary accommodation(s); (2) the provision of 

first aid or emergent care for the employee if the disability might require emergency 

treatment; (3) Government officials to investigate the Agency’s compliance with the 

Rehabilitation Act of 1973, as amended; (4) as required by law or regulation, the access 

and/or evaluation of eligibility benefits for workers’ compensation claims or insurance 

carriers; and (5) the investigation, resolution, or management of EEO complaints or for 

EEO officials to maintain records.

4. Processing RA Requests.

a. The RA PM will make a determination as to whether the employee meets the 

definition of a QUID within five business days after receipt of all required 

documentation, including any medical documentation requested. The decision will be 

provided to the supervisor and employee, in writing. The RA PM can be contacted by 

telephone at (571) 557-7374, or by email at ReasonableAccommodation@nga.mil.

b. If the RA PM determines that an employee does not meet the definition of a 

QUID, within three business days of receipt of written notice from the RA PM, the 

employee may request review of the decision. The employee may provide any 

additional documentation or explanation in support of the disability determination. Within 

three business days of the receipt of the review request, the RA Division Chief will 

review the case file, including any additional materials provided by the requesting 

employee. If the RA Division Chief does not agree with the RA PM’s decision, the RA 

Division Chief shall find the employee as meeting the definition of a QUID, and issue 

written notice of the decision. If the RA Division Chief agrees with the determination of 

the RA PM that the employee is not a QUID and thereby not entitled to RA, the RA 

Division Chief shall direct the convening of an RA Review Panel. The RA Review Panel 

will proceed as outlined in paragraph 4.c. below.

c. If an employee has filed a request for review of the RA PM’s initial determination 

that the employee is not a QUID as to be entitled to an RA, upon direction of the RA 

Division Chief, the RA PM will convene an RA Review Panel to examine the decision.

The Review Panel shall include the RA PM, the OGC attorney assigned responsibility 

for advising ODE, and the NGA medical officer. The panel should meet within seven

business days of the RA PM’s receipt of the request. The panel should assess the 

employee’s limitations, review the medical evidence presented to the RA PM, and issue 

a final decision as to whether the requesting employee is a QUID. A simple majority 

vote will decide the issue. If the panel sustains the RM PM’s initial determination, the 

RA PM will prepare written confirmation of the panel’s decision for the supervisor, 
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employee, and RA staff file. The decision notice will also include an advisement of the 

employee’s right to contact an EEO counselor within 45 days of receipt of the decision, 

if they believe the decision to be discriminatory. If the Panel finds the employee to be a 

QUID, the RA PM will issue the appropriate notice in writing.

d. An employee or applicant determined not to be a QUID may reapply at any time 

with any new or additional medical information in support of the application.

e. If the employee is found to meet the definition of a QUID and is thereby eligible for 

an RA, the supervisor and employee will be advised by written correspondence of the 

requirement to engage in the interactive process to determine an effective RA. The 

Agency is not obligated to provide an employee with the accommodation of their choice,

but with an accommodation that is reasonable and effective.

f. The interactive process must commence within five business days of receipt of the 

written correspondence alerting the supervisor and employee of the decision as to 

disability qualification. In most cases, the interactive process should be completed 

within five business days. Within five business days following the conclusion of the 

interactive discussion, the supervisor must provide written notice to the employee of any

approved accommodation, an expectation as to the date the employee can expect the 

implementation or provision of the accommodation, or a justification for denying any 

requested accommodation. This written notification will be provided to the employee in 

an accessible format. A copy of the decision must also be provided to the RA PM.

g. If the RA request for an employee is approved, the requested item or service will 

be provided in the shortest possible timeframe, and failure to provide the 

accommodation in a prompt fashion may be a violation of the Rehabilitation Act of 1973, 

as amended. Normally, an employee should expect an approved accommodation to be 

implemented within 30 calendar days following receipt of the request. If it is not possible 

to make the accommodation within 30 calendar days (e.g., an item cannot be provided 

due to procurement delays), the employee must be informed of the status of the request

and periodically updated as to when to expect the accommodation will be provided. The 

employee should be advised of the reason for the delay and any extenuating 

circumstances offered in justification for the delay.

h. An RA must be expedited in its provision when it is essential to enabling an 

individual with a disability to apply for a job, the accommodation is needed for a specific 

Agency activity that is scheduled to occur shortly, or it is critical to the employee’s being 

able to perform at least one of the essential functions of the employee’s position. An 

applicant for employment’s request for an RA to engage in the application/hiring 

process must be approved within 48 hours of receipt unless it is not feasible (because it 

would cause an undue burden on the Agency). An alternative accommodation should 

be provided so that the applicant can engage in the application/hiring process.

i. Directorates and Agency Elements are responsible for providing RAs for 

employees. It is the responsibility of the employee’s office to ensure the afforded 
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accommodation is secured and implemented except for accommodations involving sign 

language interpreting, administrative assistance, or PAS. ODE is responsible for the 

provision of sign language interpreting services, administrative assistance services, and

PAS. The supervisor of the employee should coordinate with the RA PM for the 

acquisition of the item or implementation of the service to be provided. If funding is not 

available, supervisors should contact the RA PM for further guidance. See also section 

8.a. below.

j. If an employee’s requested accommodation is not one a supervisor is authorized 

to approve or implement, the supervisor may request the RA PM to facilitate further 

discussion of alternative, appropriate accommodations prior to issuance of a written 

notice of denial or refusal to accommodate. The RA PM shall have up to three additional 

business days to the time authorized for an interactive discussion delineated in 4.f.

above.

k. If the supervisor and employee cannot agree on an appropriate accommodation, 

the supervisor is only willing or able to provide a portion of a requested accommodation, 

or the supervisor is unable to furnish any appropriate accommodation, the employee 

must be provided with written notice of the decision and the justification underlying the 

decision, within five days after the interactive discussion. The notice must also include 

an advisement of the employee’s right to request reconsideration of the denial or failure 

to reach agreement and a statement informing the employee of the right to seek further 

procedural guidance from the RA staff. The employee must also be notified of their right 

to contact an EEO counselor within 45 days of receipt of the decision, if they believe the 

decision to be discriminatory. See Section 7.a. through f. below for specific guidance on 

the reconsideration process.

l. An RA request from an applicant to engage in the application/hiring process must

be approved and provided as soon as possible. If the request is not feasible (because it 

would cause an undue burden on the Agency), the applicant should be advised and an 

alternative accommodation immediately explored. An alternative accommodation should 

be provided so that the applicant can engage in the application/hiring process. The 

decision as to the type of accommodation to be afforded is made by the HD recruitment 

official responsible for the hiring action.

5. The Interactive Process.

a. Communication is a priority and is encouraged throughout the entire RA process.

The first step should always be a thorough, open discussion between the HD recruiting 

official and the applicant or between the employee and their supervisor. The interactive 

process should include an analysis of the job functions so as to establish the 

employee’s essential job tasks; identification of barriers to job performance; the 

employee’s precise limitations resulting from the disability; and the potentially most 

effective accommodations that would allow the employee to overcome the limitations.

Ongoing communication is important when the specific limitation or barrier is unclear, an 
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effective accommodation is not obvious, or the parties wish to consider alternative or 

additional RAs. The RA PM is available to assist with interactive discussions.

b. Factors that may be considered during the interactive discussion include, but are

not limited to, the cost of the accommodation, the effect on the employee’s 

performance, personal preferences of the employee, and time needed to complete 

tasks. If necessary, temporary solutions may be agreed to until a permanent solution 

can be made. For requests that are, by all facts and circumstances known to the 

supervisor, likely to result in the provision of an RA, and that accommodation is not 

available for immediate implementation, the supervisor will provide an interim 

accommodation which allows the individual to perform some or all of the essential 

functions of the employee’s position.

c. The supervisor or RA PM may share information related to the request with other 

Agency officials only when those officials need to know the information in order to make 

determinations about that request.

6. Reassignment—Accommodation of Last Resort.

a. Reassignment to a vacant (equivalent) position for which an employee is qualified, 

and not just permission to compete for such a position, is an RA. Reassignment is a

“last resort” form of RA that will be provided, absent undue hardship, to an employee 

who, because of a disability, can no longer perform the essential functions of their 

current position, with or without an RA. The Agency must consider providing 

reassignment to a vacant position when no other RA would permit an employee with a 

disability to perform the essential functions of the employee’s current position.

Reassignment may include being reassigned to a lower-graded position, absent any

other effective accommodation that would enable the employee to perform the essential 

functions of their current job, or if all other possible accommodations would impose 

undue hardship.

b. Reassignment is available only to NGA employees and may be made only to a 

valid vacant position. A valid position is a position for which the Agency has a need and 

the Agency intends to fill the position. The law does not require that agencies create 

new positions, fill positions for which the Agency has no need, or move other employees 

in order to create a vacancy for an employee with a disability to be placed.

c. After it is determined and documented that the employee cannot perform the 

essential functions of their current position because of a disability, and the Agency

cannot otherwise accommodate the employee, the RA PM will ask the employee if they 

are willing to accept a reassignment.

d. If the employee will accept a reassignment, the RA PM will notify the Career 

Services Director. The Career Services Director will work with the employee to 

determine positions for which the employee qualifies. To qualify for a vacant position, an 

employee must have the requisite skill, experience, education, and other job-related 
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requirements necessary to fill the vacant position. The employee must also have the 

ability to perform the essential functions of the new position with or without an RA.

e. Efforts will be made to locate an equivalent, funded position in the same 

commuting area that is vacant, or is anticipated to become vacant, within 60 days. If 

such a position is located and the employee is minimally qualified for the position, the 

employee should be non-competitively reassigned. If an equivalent, valid vacant 

position does not exist within the commuting area, management should determine 

whether the employee would be willing to relocate in order to secure an equivalent, valid

vacant position and identify the area(s) to which the employee would be willing to 

relocate. Career Services should then determine whether an equivalent, valid vacant 

position is available in an area to which the employee would be willing to relocate. If no 

equivalent, valid vacant position is found, management must look for a lower-graded 

position that is as close as possible to the employee’s current pay band and commuting 

area or in an area to which the employee would be willing to relocate and under the 

same appointing authority. The employee should be advised that, as with other 

transfers not required by management, the Agency is not obliged to pay the employee’s 

relocation expenses.

f. Career Services must maintain a list of all valid vacancies considered for 

placement of the employee and provide a copy to the RA PM.

g. If after a reasonable amount of time (no less than 90 days) has been exhausted to 

locate a position for the employee without success, the employee should be notified in 

writing of any other options available, including disability retirement, if eligible.

7. Reconsideration of an RA Request Denial.

a. In the case of a denial of a request for accommodation, the applicant or employee 

must be informed in writing. The written notice must be made available to the applicant 

or employee in accessible format (when requested), at the time of the recruitment 

official’s or supervisor’s determination. The notice must also include the justification for 

the denial in a clear and concise rationale. Where there has been a denial of a 

specifically requested accommodation but an offer to make a different accommodation,

the decision letter should explain both the reasons for denying the accommodation 

requested and the reasons that the accommodation offered would be effective.

b. The written notice of denial of an RA should explain the procedures available for 

reconsideration and should also inform the individual that they have the right to file an 

EEO complaint if they believe the denial is discriminatory.

c. If an applicant or employee has additional information to provide in support of their

request, or details a position or argument the employee believes was not properly 

considered by the recruiting official or supervisory decision-maker, the case file with

additional information, along with the request for reconsideration, should be forwarded 

to the DD/ODE. The applicant or employee must file a request for reconsideration within 
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three business days of receipt of the written notice of denial from the applicant’s 

recruitment official or from the employee’s supervisor.

d. The DD/ODE will oversee the reconsideration process of a denied 

accommodation when the employee or applicant seeks a review.

(1) If the denied accommodation does not involve cost or financial resourcing as 

a justification, the DD/ODE will direct the RA Division Chief to convene an RA

Reconsideration Panel to evaluate the inability to accommodate and the justification for 

the denial of a requested accommodation. Within seven business days of receipt of the 

reconsideration request and any new case information, the RA Reconsideration Panel 

will meet and consider the requested accommodation. The Panel will examine the 

employee’s limitations, determine accommodations that will aid the employee in 

overcoming the limits, and, in the case of no accommodation due to excessive cost or 

hardship on the Agency, explain how the requested accommodation would constitute 

such an undue hardship to the Agency. The Panel will also render a decision regarding 

the accommodation request. The Panel’s decision is final. An individual’s participation in 

the reconsideration process does not commence an EEO complaint or initiate the 

Agency’s administrative grievance process.

(2) In the case of a denial of accommodation due to excessive costs or lack of 

adequate resources resulting in undue hardship to the Agency, the DD/ODE will not 

convene an RA Reconsideration Panel. Instead, the DD/ODE will direct a cost review 

analysis pursuant to 8.c.(2) below.

e. Membership of the RA Reconsideration Panel will include the DD/ODE, the 

Equality Executive for the component from which the employee is assigned, a secondor third-level supervisor of the employee, NGA’s medical officer, and a member of the 

component within NGA responsible for facility access or modification issues (SI), 

technology resourcing (CIO-T), or medical or rehabilitative assistance or equipment 

(HD). ODE’s counsel may attend in a non-voting, advisory role.

f. The Panel’s decision will be provided to the applicant or employee in writing by the 

RA PM. It will include instructions on how to file an EEO complaint, complete with 

guidance that the individual must contact an EEO counselor within 45 days of receipt of 

the denial. If the individual is dissatisfied with the Panel’s decision on reconsideration 

and wishes to engage the EEO process, they must contact an EEO counselor within 45 

days of receipt of the written correspondence from the Panel. Participation in any other 

resolution process does not toll the running of the 45 days.

8. Resourcing and Costs of Accommodation.

a. If funds are not available for the provision of an agreed RA, supervisors should 

contact the RA PM for alternative means to secure an accommodation. For specific 

categories of accommodation, the RA PM will coordinate with other Agency offices.
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(1) NGA has entered into an agreement with the Department of Defense 

Computer/Electronic Program (CAP) for acquiring most electronic or computer-based 

assistive technology. CAP provides technology to employees with disabilities at no cost 

to NGA. All CAP accommodation requests must be submitted by the NGA RA PM.

Employees should not submit requests directly to CAP.

(2) NGA’s SI Directorate oversees safety, accessibility, and facility-related 

accommodations. The RA PM will oversee all coordination necessary for securing both 

the approval and the implementation of modifications necessary to accommodate.

(3) NGA separately resources certain types of accommodation pursuant to

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

CIO-T manages the funds and procures the requisite software. Section 508 funding will 

be utilized to implement electronic and information technology accommodations not 

otherwise procurable through CAP or alternative programs.

b. For all other accommodations not entailing substantial costs or indefinite resource 

demands, ODE will fund the accommodation from an RA budget line item within ODE’s 

budget.

c. No supervisor, manager, or hiring official is to decide against a requested 

accommodation on the basis of cost or available resources. Instead, the issue of costs 

associated with an accommodation is to be raised to the RA PM. A denial of an 

accommodation based upon cost is to be considered in light of all resources available to 

the Agency, exclusive of mission-essential funding, or specifically directed funding per 

Congressional directives.

(1) When a denial of accommodation due to cost is recommended by the 

supervisor, manager, or hiring official, the recommendation will be noticed in writing to 

the RA Division Chief. Within three business days of notice receipt, the RA Division 

Chief, ODE’s legal advisor, and ODE’s budget officer will meet with the supervisor, 

employee, and any other person determined essential to a cost feasibility of the 

accommodation determination.

(2) If, after the meeting, the denial of accommodation based upon cost continues 

to be the recommendation, then the RA Division Chief will have five business days to 

coordinate with the Agency’s Financial Management (FM) directorate. Coordination by 

the RA Division Chief will involve confirming Agency programmed resourcing; inquiring

into the availability of any uncommitted or non-programmed funding; and obtaining from

FM an endorsement of the lack of available, surplus, or uncommitted funds.

Coordination must be completed before the RA Division Chief provides a 

recommendation to the DD/ODE to deny the accommodation based upon projected 

excessive costs causing an undue hardship to the Agency.

(3) The DD/ODE will review the justification for denying the expenditure, and if 

the DD/ODE sustains the recommendation not to fund an accommodation, the decision
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is final. The DD/ODE’s determination should be made within three business days of 

receipt of the RA Division Chief’s recommendation.

9. Annual Review of Afforded Accommodation.

a. RA staff will annually contact the accommodated employee to survey the 

effectiveness of the accommodation, any necessary modifications, and the continuing 

duration, and for supervisor and employee feedback.

b. The RA PM may request a renewed interactive discussion to address concerns.

10. Information Management.

a. RA Process.

(1) Timelines for the processing and tracking of any request for accommodation 

will be maintained on the ODE website and the RA PM will ensure that any requesting 

employee is advised of how to access the information.

(2) During all intake consultations, HD staff will inform applicants for employment 

and RA staff will inform employees of the timelines for processing accommodation 

requests.

b. Records Maintenance.

(1) The RA Division within ODE will maintain individual files on all RA cases and 

store them separately and securely from all other ODE files and materials. The files will 

contain the minimum information necessary to assess compliance with NGA’s 

affirmative plan for hiring, placement, retention, and advancement of individuals with 

disabilities. The files will include specific information as to the extent to which and 

methods whereby the special needs of employees who are individuals with disabilities 

are being met, in keeping with the Agency’s overall goal of ensuring that at least 12

percent of the workforce are individuals with disabilities, and no less than 2 percent of 

the workforce are individuals with targeted disabilities.

(a) All inquiries will be logged inclusive of the type of accommodation 

discussed.

(b) A case file will be opened and maintained on all applications for RA 

received. Medical information will be separately tabbed within the file. The entire case 

file will be accessible only to those personnel assigned to the RA division with a need to 

know the information in order to process the RA request.

(c) Demographic information related to the type of disability of the requester 

should be tracked to the extent the information is voluntarily provided by the person 

seeking the accommodation.
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(d) Timing compliance, the NGA key component agreeing to the 

accommodation, and the satisfaction rate of the requested accommodation should be 

annotated and available for reporting.

(e) The RA Division will record the identity of the deciding official and the 

number of days taken to process RA requests. The RA Division will also track, and 

maintain for reporting and program evaluation purposes, the specific accommodation 

afforded; the job and position details sought by the requesting applicant, or held by the 

employee at the time of request; information as to 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; whether the accommodation was granted as sought, 

partially or alternatively granted, or denied; justification essentials for any partial grant or 

denial of accommodation; and any explanation for processing delays outside of 

expected compliance timeframes.

(2) RA case files will be stored in a locked file cabinet within an office or allocated 

space of RA-assigned personnel. Only RA personnel will have access to RA case files, 

subject to partial review for those cases under reconsideration by personnel assigned to 

the Review or Reconsideration Panels.

c. Reporting.

(1) ODE will ensure the availability of data in response to Equal Employment 

Opportunity Commission (EEOC) inquiries as to the effectiveness of the Agency’s 

affirmative employment for individuals with a disability.

(2) The RA Division Chief will brief a status report on RA program compliance to 

the D/ODE at least quarterly.

(3) The RA PM will provide summary reports, as directed, to the RA Division 

Chief and to the Diversity and Inclusion Division Chief for the purpose of preparation of 

any mandated annual report, e.g., MD 715, ODNI report.

(4) The RA PM will furnish to NGA’s HD Directorate summary information on 

program effectiveness for inclusion in any mandated annual report for which HD holds 

primary coordinating responsibility, e.g., Disabled Veterans Affirmative Action Program

(DVAAP).
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ENCLOSURE 4

PROCEDURES FOR PERSONAL ASSISTANCE SERVICES

1. Initiating PAS Requests.

a. All requests for PAS should be submitted to the ODE RA PM in writing.

b. Upon receipt of the request, the RA PM, or designated staff member, will meet 

with the employee to determine the specific needs of the employee and identify the 

most efficient manner to provide the services if possible.

c. The RA PM will notify the employee’s supervisor of the request along with the 

status of the request.

2. Time Limits.

a. Within 10 business days of the intake meeting with the employee, the RA PM 

confers with the employee’s supervisor and solicits any input relative to the provision, 

utilization, arrangement, or objections to the requested PAS to be provided within the 

workplace for the benefit of the employee.

b. Within five business days after the meeting between the RA PM and the 

employee’s supervisor, the RA PM will ensure that the appropriate medical staff 

member is advised of the service requirement and arrange for implementation of the 

necessary service. The RA PM will document the implementation plan, schedule, and 

coordinating requirements for inclusion in the case file and provide a copy to the 

employee.

c. Within 30 calendar days from receipt of the request, the PAS will be made 

available to the employee, unless the personal service request is unique and not 

otherwise available, contracted, or able to be timely procured. The requesting employee 

will be notified of any delays in provision of services.

3. Processing of Personal Assistance Services Requests.

a. The RA PM, or designated RA staff member, will work with the HD medical officer 

to secure the services requested by the employee or to establish an assistance service 

that facilitates the needs of the employee.

b. The RA PM will document how the service(s) actually assist the employee, the 

frequency and expected duration of the service(s) to be provided, the plan and 

responsible entity for provision of the service, and a periodic survey of the employee’s 

and supervisor’s assessment of the service, complete with an impact statement of the 

overall benefits of the service to the employee.
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c. Cost for furnishing PAS will be covered by the ODE RA fund, except to the extent 

that the services are provided pursuant to or under the terms of other specific Agency 

contracted services, or are incidental to a key component of the Agency’s policies, 

practices, or standard operational procedures.
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GLOSSARY

DEFINITIONS

Decision Maker A person who determines whether or not a request for a 

reasonable accommodation is granted. In the case of employees, 

the decision maker will, in most cases, be the immediate 

supervisor. In the case of an applicant, the decision maker is the 

official responsible for the recruitment action for the position for 

which the applicant is applying. (Definition created by NGA for 

NGA purposes only.)

Disability A physical or mental impairment that substantially limits one or 

more of a person’s major life activities. The term substantially limits

implies a degree of severity and duration: A person's major life 

activities are substantially limited if he/she is unable to perform, or 

is significantly limited in the ability to perform, an activity compared 

to an average person without a disability. Major life activities are 

activities that an average person without a disability can perform 

with little or no difficulty; they include, but are not limited to,

speaking, hearing, seeing, and walking. (Reference (a))

Essential Job 

Functions

The fundamental job duties of the employment position the 

individual with a disability must be able to perform, with or without 

a reasonable accommodation. It does not include the marginal 

functions of the position. (Reference (c))

Individual with a 

Disability

One who has a physical or mental impairment that substantially 

limits one or more major life activities; has a record of such an 

impairment; or is regarded as having such an impairment.

(Reference (a))

Interactive 

Process

An exchange of information between supervisor and individual 

when an accommodation has been requested that identifies the 

precise limitations resulting from the disability and the potential 

reasonable accommodation that could overcome those limitations.

(Reference (c))

Joint Employer A federal agency will qualify as a joint employer of an individual 

contractor if it has the requisite means and manner of control over 

the individual’s work, whether or not the individual is on the federal 

payroll. For example, an agency may be considered an employer 

of the worker if: (1) it supplies the work space, equipment, and 

supplies; and (2) it has the right to control the details of the work 

performed, to make or change assignments, and to terminate the 

relationship. Current EEOC enforcement guidance confirms that a 
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federal agency is obligated to provide a reasonable 

accommodation, absent undue hardship, where that agency 

qualifies as a joint employer of staffing firm workers. (Reference 

(m))

Personal 

Assistance 

Services (PAS)

Services provided to employees with targeted disabilities to assist 

with performing basic activities of daily living such as eating, 

removing outer garments, and using the restroom. (Reference (l))

Qualified 

Individual with a 

Disability (QUID)

An individual with a disability who possesses the skills, experience, 

education, and other requirements of the job and can perform the 

essential functions of the position with or without a reasonable 

accommodation. (Reference (a))

Reasonable 

Accommodation

(RA)

Any change or adjustment to a job or work environment that 

permits a qualified applicant or employee with a disability to 

participate in the job application process, to perform the essential 

functions of a job, or to enjoy benefits and privileges of 

employment equal to those enjoyed by employees without 

disabilities. (Reference (a))

Reassignment Reassignment as used in this Instruction is a "last resort" form of 

reasonable accommodation that, absent undue hardship, is 

provided to employees (not applicants) who, because of a 

disability, can no longer perform the essential functions of their 

jobs, with or without a reasonable accommodation. Reassignments 

are made only to valid vacant positions and only to employees who 

are qualified for the new position. If the employee meets the 

minimum essential function of the position, he or she will be 

reassigned to the job without having to compete for it. (Reference 

(g))

Undue Hardship The term “undue hardship” means significant difficulty or expense 

in, or resulting from, the provision of the accommodation. The 

undue hardship provision takes into account the financial realities 

of the employer; however, it is not limited to financial difficulty.

Undue hardship refers to any accommodation that would be 

unduly costly, extensive, substantial, or disruptive, or that would 

fundamentally alter the nature or operation of the Agency.

(Reference (a))