1

PART III PERSONNEL POLICIES AND PROCEDURES

Chapter 12: Procedures for Reasonable Accommodation and Personal 

Assistance Services for Individuals with Disabilities

Section 1. POLICY

Executive Order 13164 requires all federal agencies to establish procedures for 

processing requests for reasonable accommodation. The Equal Employment Opportunity 

Commission’s (EEOC) amended regulations implementing section 501 of the 

Rehabilitation Act of 1973 require federal agencies to engage in affirmative action by 

providing personal assistance services to employees who need them because of certain 

disabilities.

In accordance with the Rehabilitation Act of 1973, the National Indian Gaming 

Commission (NIGC) is committed to providing reasonable accommodations to its 

employees and applicants for employment, and/or personal assistance services (PAS) to

its employees, to ensure that individuals with disabilities enjoy equal access to all 

employment opportunities. This chapter sets forth the NIGC’s policy and procedures for 

the provision of reasonable accommodations to individuals with disabilities, and PAS for 

its employees with targeted disabilities.

This chapter fully complies with the requirements of the Rehabilitation Act of 1973. 

Under that law, the NIGC must provide reasonable accommodations to qualified 

employees or applicants with disabilities, unless to do so would cause the agency undue 

hardship. “Undue hardship” means that a specific accommodation would require 

significant difficulty or expense.

All references in this chapter to the term “disability” refer only to those impairments that 

meet the ADA/Rehabilitation Act definition of “disability,” as amended by the ADA 

Amendments Act of 2008 (ADAAA), which states that the term “disability” is to be 

interpreted in favor of broad coverage of individuals with disabilities and does not require 

an extensive analysis. The term “targeted disability” means a disability that is on the list 

of “targeted disabilities or serious health conditions” on the Office of Personnel 

Management’s Standard Form 256.

Section 2. REASONABLE ACCOMMODATIONS

A reasonable accommodation is any change in the workplace or the way things are 

customarily done that provides an equal employment opportunity to an individual with a 

disability. The NIGC provides reasonable accommodations:

• when an applicant with a disability needs an accommodation to have an equal 

opportunity to compete for a job;

• when an employee with a disability needs an accommodation to perform the essential 
2

functions of the job (“essential functions of a job” are those job duties that are so 

fundamental to the position that the individual cannot do the job without being able to 

perform them) or to gain access to the workplace; and

• when an employee with a disability needs an accommodation to enjoy equal access to 

benefits and privileges of employment (e.g., kitchens, parking lots, details, trainings, 

office-sponsored events, etc.).

The NIGC will process requests for reasonable accommodation and will provide 

reasonable accommodations where appropriate in a prompt and efficient manner in 

accordance with the time frames set forth in this chapter. Common types of reasonable 

accommodations include:

• modifying work schedules or supervisory methods;

• granting breaks or providing liberal leave;

• altering how or when job duties are performed;

• removing and/or substituting a marginal function;

• moving to different office space;

• providing liberal telework;

• making changes in workplace policies;

• providing assistive technology (e.g., information technology (IT), communications 

equipment, or specially designed furniture);

• hiring a reader or other staff assistant to enable employees to perform their job 

functions, where the accommodation cannot be provided by current staff;

• removing an architectural barrier, including reconfiguring work spaces;

• providing accessible parking;

• providing materials in alternative formats (e.g., Braille, large print); and

• providing a reassignment to a vacant position.

There are some changes or things that are not considered reasonable accommodations, 

such as the removal of an essential job function or the provision of personal use items 

(e.g., hearing aid that is needed on and off the job, eyeglasses, etc.).

Section 3. PERSONAL ASSISTANCE SERVICES (PAS)

PAS means assistance with performing activities of daily living that an individual would 

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

required as a reasonable accommodation, including but not limited to, assistance with 

removing and putting on clothing, eating, and using the restroom. Such services do not 

include medical care. The NIGC will provide PAS where appropriate in a prompt and 

efficient manner. An employee is not entitled to a PAS provider of his or her choice.
3

The NIGC is only required to provide PAS to an individual if the following conditions 

are met:

• the individual is an NIGC employee;

• the NIGC employee has a targeted disability;

• the NIGC employee requires the PAS because of his or her targeted disability;

• the NIGC employee will be able to perform the essential functions of the job, without 

posing a direct threat to safety, once PAS and any required reasonable 

accommodations have been provided; and

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

PAS is not the same as services that help employees perform job-related tasks, such as 

sign language interpreters for employees who are deaf or readers for employees who are 

blind or have learning disabilities to read printed text. Those services are required as 

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

providing them does not impose undue hardship on the agency. In short, PAS do not help 

individuals with targeted disabilities to perform their specific job functions.

 

Section 4. RESPONSIBILITIES

The NIGC has designated the Human Resources Coordinator as the Disability Program 

Manager (DPM) to oversee the agency’s reasonable accommodation and PAS programs. 

Under this policy, supervisors and managers are authorized to approve requests for 

reasonable accommodation and/or PAS whenever possible. Therefore, all NIGC

management personnel must be familiar with the procedures contained in this chapter, as 

well as the EEOC’s “Enforcement Guidance on Reasonable Accommodation and Undue 

Hardship Under the Americans with Disabilities Act” (rev. Oct. 17, 2002), and the 

Questions and Answers: Federal Agencies' Obligation to Provide Personal Assistance 

Services (PAS) under Section 501 of the Rehabilitation Act (September 18, 2017) which 

can be found on the EEOC website at <www.eeoc.gov>. These documents contain 

significant information on the responsibilities of agency personnel involved in responding 

to a request for reasonable accommodation and/or PAS, as well as the rights and 

responsibilities of those individuals requesting an accommodation and/or PAS.

Applicants and employees may also wish to consult this guidance to better understand the 

reasonable accommodation and the PAS process. The EEOC also has additional resource 

materials available on its website, including but not limited to, “Enforcement Guidance: 

Disability-Related Inquiries and Medical Examinations of Employees Under the 

Americans With Disabilities Act” (July 27, 2000).

Whenever requests made to a supervisor or manager cannot be decided by him or her due 

to the nature of the request (e.g., the accommodation requires the purchase of additional 

services, computer programs, equipment, reassignment, or the hiring of a new PAS 
4

provider, etc.), the request must be referred by the supervisor or manager to the DPM 

within two (2) business days of receiving the request. While the DPM will process all

requests referred or made directly to him or her, the DPM may often consult with the 

first-line supervisors about specific requests to ensure that an appropriate response is 

provided that meets the individual’s disability-related needs as to the essential functions 

of the job.

If a request for reasonable accommodation and/or PAS is made to, and can be approved 

by, a supervisor or manager, said supervisor or manager must still keep the DPM 

informed of the request, the interactive process, and the approval or denial of the request. 

To ensure proper information filing, tracking, and reporting by the agency, the supervisor 

or manager must transfer to the DPM all documentation related to the reasonable 

accommodation and/or PAS request within two (2) business days of issuing a written 

Resolution of Request for Reasonable Accommodation and/or Personal Assistance 

Services (PAS) form (Appendix D) to the requesting individual.

Once the conditions set forth in Section 3 above have been met, the NIGC is required to 

provide PAS to an employee who requires personal assistance services to perform basic 

activities of daily living whenever and wherever the employee is performing work for the 

NIGC. This includes providing PAS during official temporary duty travel, including offwork hours during the travel. In the case where an employee is approved for telework 

under the NIGC telework policy or as a reasonable accommodation, the NIGC is required 

to provide PAS during the telework hours.

Section 5. REASONABLE ACCOMMODATION AND PAS PROCEDURES

a. Requesting reasonable accommodation and/or PAS.

If an individual with a disability needs an adjustment or change concerning some 

aspect of the application process, the job, a benefit of employment, or an 

employee needs assistance with performing activities of daily living during work 

hours, the individual or his or her representative can submit his or her request for 

reasonable accommodation and/or PAS to the individual’s first-line supervisor, a 

supervisor or manager in his or her immediate chain of command, or directly to 

the DPM by emailing him or her at <disability_program_manager@nigc.gov>. 

Applicants for employment may contact the DPM directly (contact information 

will be provided in the vacancy announcement), or they may submit their requests 

for reasonable accommodation to any NIGC employee or HR servicing contractor 

employee with whom the applicant has contact in connection with the application 

process. The NIGC is not required to provide PAS to applicants for 

employment. The reasonable accommodation and/or PAS process begins as soon 

as the oral or written request for accommodation and/or PAS is made to any 

supervisor or manager in an employee’s chain of command, or directly to the 

DPM.

A request for reasonable accommodation and/or PAS may be submitted at any 
5

time, orally or in writing. The request does not have to include any specific 

words, such as “reasonable accommodation,” “disability,” “Section 501,” 

“Rehabilitation Act,” or “personal assistance services.” A request for reasonable 

accommodation and/or PAS is any communication in which an individual asks or 

states that he or she needs the NIGC to provide or to change something because of 

a medical condition, or that he or she needs assistance performing daily life 

activities because of a medical condition. In addition, a family member, health 

care provider, or other representative may request an accommodation and/or PAS 

on behalf of an individual. For example, a doctor’s note outlining medical 

restrictions for an employee or assistance with daily life activities could constitute 

a request for reasonable accommodation and/or PAS.

If the nature of the initial communication is unclear, the NIGC official to whom 

the request was made should ask an individual whether he or she is requesting a 

reasonable accommodation and/or PAS. If an NIGC official knows with certainty 

that a disability, such as an intellectual disability, prevents a person from 

requesting a reasonable accommodation and/or PAS, and it appears that an 

accommodation or PAS may be needed, the official should ask the individual

whether an accommodation or PAS is needed. The time frame for processing 

unclear requests begins when the NIGC official makes the inquiry.

When a third party (e.g., an individual’s doctor or other representative) requests 

an accommodation and/or PAS on behalf of an applicant or employee, the NIGC

official to whom the request was made should, if possible, confirm with the

individual or employee that he or she wants a reasonable accommodation and/or 

PAS before proceeding. When this is not possible because the employee is 

incapacitated, the NIGC official will process the third party’s request if it seems

appropriate (e.g., by granting immediate leave) and will consult directly with the

individual needing the accommodation and/or PAS as soon as practicable.

When an individual (or third party) makes an oral or email request, the supervisor, 

manager, or the DPM should ask the requestor to fill out the Confirmation of

Request for Reasonable Accommodation and/or Personal Assistance Services 

(PAS) form (Appendix A). The NIGC official to whom the request is made must 

fill out the form if the requestor fails or refuses to do so. An NIGC official may 

not refuse to process a request for reasonable accommodation and/or PAS if an 

individual refuses to fill out the form.

An employee needing an accommodation on a recurring basis need only make the 

initial request. However, in particular instances, the employee requesting a 

recurring accommodation must give appropriate advance notice for each 

subsequent time that the accommodation is needed. “Appropriate advance notice” 

depends on the type of recurring accommodation needed, i.e., longer advance 

notice may be needed when the agency must contact outside contractors to 

schedule the accommodation services. If the accommodation is needed on a 

regular basis, the DPM should ensure that an employee’s supervisor makes the 
6

appropriate arrangements without requiring the employee to submit a request in 

advance of each occasion. 

b. Processing the request for reasonable accommodation and/or PAS.

Supervisors and managers are authorized to approve requests for reasonable 

accommodation and/or PAS whenever possible. However, when requests are 

made directly to the DPM, the DPM will initiate the required interactive process 

as described below. The DPM will not provide a reasonable accommodation 

involving the performance of a job function without ensuring that the interactive 

process occurred.

c. The interactive process.

After a request is made, the NIGC official and the employee should engage in an 

interactive process to determine whether and what type of accommodation

and/or PAS would be effective. As part of this interactive process, it is important 

that the individual with a disability tell the official precisely how limitations 

from a disability affect the ability to perform a job and/or perform basic daily 

living activities. If the individual knows what type of reasonable 

accommodation and/or PAS would be helpful, he or she should tell the official. 

The NIGC official can suggest alternative accommodations and/or PAS 

providers and the individual should consider whether they would be effective. 

The NIGC is not required to provide the specific accommodation and/or PAS 

provider requested by the individual, it is only required to offer an effective 

alternative.

(1) Communication. The most important aspect throughout the interactive 

process is the continued communication between the parties, but 

particularly where the specific limitation, problem, or barrier is unclear; 

where an effective accommodation is not obvious; or where the parties 

are considering alternative forms of reasonable accommodation and/or

PAS provider. The supervisor, manager, or the DPM and the requesting 

individual should work together to identify effective accommodations 

and PAS providers. Appendix F of this chapter lists some suggested 

resources for identifying reasonable accommodations.

(2) Time frame. The NIGC official to whom the request was made will 

contact the individual within ten (10) business days after the request is 

made to begin discussing the accommodation and/or PAS request.

The supervisor, manager, or the DPM may need to consult with other 

NIGC personnel (e.g., IT staff or an Office of the General Counsel 

attorney) or outside sources to obtain information necessary to make a 

determination about the request. The NIGC expects that all agency 

personnel will give a high priority to responding quickly to the NIGC 
7

official’s request for information or assistance. Any delays by NIGC

personnel may result in the agency failing to meet the required time 

frames.

(3) Reassignment. There are specific considerations during the interactive 

process when an employee needs or requests a reassignment. Generally, 

a reassignment will only be considered if no other accommodation is 

available to enable the employee to perform the essential functions of his 

or her current job, or if the only effective accommodation would cause

the agency undue hardship. This is the reason that reassignment is known 

as “the accommodation of last resort.”

A reassignment may only be made to a vacant position. The NIGC is not 

required by law to create new positions for individuals or to move 

employees from their positions in order to create a vacancy. In considering 

whether there are vacant positions available for reassignment, the DPM 

will work with the Chief of Staff or General Counsel and the employee 

requesting the reassignment to search for: (1) vacant positions within the 

NIGC for which the employee may be qualified, with or without a 

reasonable accommodation; and (2) positions which the Chief of Staff or 

the General Counsel have reason to believe will become vacant within 60 

days from the date the search is initiated and for which the employee may 

be qualified. For example, if a search begins on May 1st, the DPM will 

inquire about any positions that are currently vacant or will become vacant 

between May 1st and June 30th (60 days). If the DPM completes his or

her search on May 15th and learns that no vacancies are available or 

anticipated by June 30th, then the search is over and the results will be 

conveyed to the employee.

Reassignment may be made to a vacant position outside of the employee’s 

commuting area if the employee is willing to relocate. As with other 

transfers not required by management, the NIGC will not pay for the 

employee’s relocation costs if the employee accepts reassignment as an 

accommodation.

d. Requests for medical information pertaining to requests for reasonable 

accommodation.

 In some instances, the NIGC official may need to obtain medical information 

from the individual to determine: if the impairment is a “disability” under the 

Rehabilitation Act; the effectiveness of a particular accommodation; or whether 

the individual has a disability. Such medical information may not be necessary if 

the disability is obvious (e.g., the individual is blind or has paraplegia), if the 

disability is already known to the NIGC (e.g., the individual previously 

requested an accommodation and the medical information submitted at the time 
8

showed a disability existed and that there would be no change in the medical 

condition), or if an effective accommodation is obvious.

If an individual’s disability and/or need for accommodation are not obvious or 

already known, the NIGC is entitled to ask for and receive medical information 

showing that the individual has a covered disability that requires an

accommodation. A disability is obvious or already known when it is clearly 

visible or the individual has previously provided medical information showing 

that the impairment meets the Rehabilitation Act definition of “disability.” It is 

the individual’s responsibility to provide the necessary medical information 

requested by his or her supervisor, a manager, or the DPM.

In determining whether medical documentation is necessary to support a request 

for reasonable accommodation and whether an individual has a disability within 

the meaning of the Rehabilitation Act, NIGC officials will be guided by the 

principles set forth in the ADAAA. Specifically, the ADAAA directs that the 

definition of “disability” should be construed broadly and that the determination 

of whether an individual has a “disability” generally should not require extensive 

analysis. Notwithstanding, the NIGC official to whom the request was made may 

require medical information in order to design an appropriate and effective 

accommodation, or to determine whether the individual has a disability.

When the NIGC official determines that medical information is needed, he or she

may request such information from the individual’s health care provider using the 

memorandum template (Appendix B) and the Request for Medical Information in 

Support of Employee’s Request for Reasonable Accommodation or Personal 

Assistance Services (PAS) form (Appendix C). If an individual has already 

submitted medical documentation in connection with a previous request for 

accommodation, the individual should immediately inform the NIGC official of 

this fact. The DPM will then determine whether additional medical information is 

needed to process the current request.

By using the Request for Medical Information form, the NIGC official to whom 

the request was made will attempt to ensure that the requested medical 

information does not include any superfluous medical information or 

documentation that does not pertain to the physical or mental impairment for 

which the accommodation is being requested. In addition, the Genetic Information 

and Nondiscrimination Act of 2008 prohibits employers from requesting or 

requiring genetic information of employees or their family members. The Request 

for Medical Information form contains a specific instruction to health care 

providers that they must not provide any genetic information when responding to 

the request for medical information. 

If the initial information provided by the health care provider or volunteered by 

the individual is insufficient to enable the supervisor, manager, or the DPM to 

determine whether the individual has a disability and/or that an accommodation is 
9

needed, said NIGC official will explain what additional information is needed and

the individual should ask his or her health care provider to provide the missing 

information. The NIGC official may also provide a list of questions for the health 

care provider to answer. If, after several attempts, sufficient medical information 

is still not provided by the individual, the individual may be asked to sign a 

limited release permitting the DPM to directly contact the health care provider for 

the additional information. The DPM may have the medical information reviewed 

by a doctor of the NIGC’s choosing, at the agency’s expense.

e. Requests for medical information pertaining to requests for PAS.

 

An employee is not likely to request PAS for activities such as eating or using the 

restroom unless it is truly necessary; and in general, such assistance is only 

necessary for individuals who have obvious targeted disabilities like paralysis and 

missing limbs. When it is obvious that an employee has a targeted disability and 

needs the requested services, the NIGC may not require the individual to provide 

medical documentation in support of the PAS request. Please note that an 

employee is not required to complete an SF-256 to self-identify the targeted 

disability in order to make a request for, and be granted, PAS.

f. Confidentiality requirements.

Under the Rehabilitation Act, NIGC supervisors and managers are reminded that 

all information obtained in connection with the reasonable accommodation and/or 

PAS process must be kept confidential, including the request itself, the medical 

records and/or documentation, the resolution of the request, and any information 

about functional limitations. This means that all medical information obtained in 

connection with a request for reasonable accommodation and/or PAS must be 

kept by the DPM in files separate from the individual’s personnel file. It also 

means that any NIGC employee who obtains or receives such information is 

strictly bound by these confidentiality requirements.

When a request for reasonable accommodation and/or PAS is made directly to the 

DPM, he or she may share certain information with an employee’s supervisor or 

other agency official(s) as necessary to make appropriate determinations on the

request. Under such circumstances, the DPM will inform the recipients of this 

information about these confidentiality requirements. The information disclosed 

will be no more than is necessary to process the request or implement the 

accommodation or PAS. In certain situations, the DPM may not need to reveal the 

identity of the individual, the office in which the individual works, or even the 

specific disability. For example, the DPM may need to consult IT staff in 

connection with requests for assistive technology for computers. While IT staff

may need to know the employee’s functional limitations, they may have no need 

to know the employee’s identity or specific disability.

In addition to disclosures of information needed to process a request, other 
10

disclosures of medical information are permitted as follows:

• supervisors and managers are entitled to whatever information is necessary to 

place restrictions on the employee’s work or duties to implement a reasonable 

accommodation;

• first aid and safety personnel may be informed, when appropriate, if the 

disability might require emergency treatment or assistance during an 

evacuation; and

• government officials may be given information necessary to investigate the 

NIGC’s compliance with the Rehabilitation Act.

g. Time frame for processing requests and providing reasonable 

accommodations and/or PAS.

(1) Generally. The time frame for processing a request (including the 

provision of an accommodation, if approved) is as soon as possible but no 

later than 30 business days from the date the request is made. This 30-day 

period includes the 10-day period during which the individual and the 

NIGC official to whom the request was made must participate in the 

interactive process. 

The 30-day period is the maximum amount of time that it should generally 

take the NIGC to process a request and to provide a reasonable 

accommodation, but NIGC officials will strive to process such requests

and reach a resolution in as short a period of time as reasonably possible.

The provision of PAS providers may take longer than 30 days if the NIGC 

has to hire a new employee or contractor to provide the PAS to the 

requesting employee, but the NIGC will nevertheless strive to provide the 

PAS in as timely a manner as practicable.

The time frame begins when an oral or written request for reasonable 

accommodation and/or PAS is made. Therefore, everyone involved in 

processing a request should respond as quickly as possible. This includes 

referring a request to the DPM and providing technical assistance to the 

DPM regarding issues raised by a request (e.g., information from a 

supervisor regarding the essential functions of an employee’s position, 

information from IT staff regarding compatibility of certain adaptive 

equipment with the NIGC’s technology, etc.).

If a supervisor, manager, or the DPM must request medical information or 

documentation from an individual’s health care provider, the time frame 

will stop on the day that the NIGC official makes a request to the 

individual to obtain medical information/documentation, and will resume 

on the day that the information/documentation is received by the NIGC 

official.
11

If the disability is obvious or already known to the supervisor, manager, or 

the DPM, or if it is clear why a reasonable accommodation and/or PAS is 

needed, and if an accommodation can be provided quickly, then the NIGC 

official should not require the full 30 business days to process the request. 

Unnecessary delays, when a reasonable accommodation and/or PAS can 

be provided in less than 30 business days, can result in a violation of the 

Rehabilitation Act.

The following are examples of situations where the disability is obvious or 

already known and an accommodation can be provided in less than the 

allotted time frame:

• an employee with insulin-dependent diabetes who sits in an open area 

asks for three breaks per day to test his or her blood sugar levels in 

private;

• an employee with clinical depression, who takes medication that 

makes it hard for him or her to get up in time to get to the office at 

9:00 a.m., requests that he or she be allowed to start work at 10:00 

a.m. and still work an eight and one half hour day; or

• a supervisor distributes a detailed agenda at the beginning of each staff 

meeting. An employee with a serious learning disability asks that the 

agenda be distributed ahead of time because his or her disability makes 

it difficult to read quickly and he or she needs more time to prepare.

(2) Expedited processing of a request for reasonable accommodation. Under

certain circumstances, a request for reasonable accommodation may 

require an expedited review and resolution, including:

• to enable an applicant to apply for a job. Depending on the timetable 

for receiving applications, conducting interviews, and making hiring 

decisions, there may be a need to expedite a request for reasonable 

accommodation to ensure that an applicant with a disability has an 

equal opportunity to apply for a job; or

• to enable a disabled employee to attend a meeting scheduled to occur 

within a very short period of time. For example, an employee may 

need a sign language interpreter for a meeting scheduled to take place 

in five days.

(3) Extenuating circumstances. There may be some circumstances that cannot

be reasonably anticipated or avoided or that may be beyond the NIGC’s 

ability to control. Whether extenuating circumstances exist will be 

determined on a case-by-case basis. When extenuating circumstances are 

present, the time for processing a request for reasonable accommodation 

and/or PAS and providing the accommodation/PAS will be extended as 
12

reasonably necessary. Extensions will be limited to circumstances where 

they are absolutely necessary and only for as long as required to deal with 

the extenuating circumstances. The NIGC official to whom the request 

was made will notify the requesting individual regarding any extenuating 

circumstances that may require an extension of the time to process the 

reasonable accommodation and/or PAS request. To the extent possible, the

NIGC official must also keep the individual informed of the date on which 

the agency expects to complete the process. 

If there is a delay, the supervisor, manager, or the DPM must investigate 

whether there are temporary measures that could be taken to assist the 

individual with a disability (e.g., a temporary job restructuring or the use 

of equipment that might permit the individual to perform some of the 

functions of his or her job).

h. Resolution of the reasonable accommodation and/or PAS requests.

All decisions regarding a request for reasonable accommodation and/or PAS will 

be communicated to an applicant or employee orally and by use of the Resolution 

of Request for Reasonable Accommodation and/or Personal Assistance Services

(PAS) form (Appendix D). If an employee is making a request for both a 

reasonable accommodation and PAS, the NIGC official must complete two 

separate forms that separately address the requests for reasonable accommodation 

and PAS.

(1) Approvals. If the NIGC grants a request for accommodation and/or PAS,

the NIGC official to whom the request was made will issue the Resolution 

of Request form to the individual and discuss implementation of the 

accommodation and/or PAS. The Resolution of Request form(s) must be 

filled out even if the NIGC is granting the request(s) without determining 

whether the individual has a disability and regardless of whether the

change or modification is considered an appropriate form of reasonable 

accommodation (e.g., the NIGC grants a three-month removal of an 

essential function, which is not a form of reasonable accommodation, but 

nonetheless must be specified on the Resolution of Request form). 

• A decision to provide an accommodation and/or PAS other than the 

one specifically requested will be considered a decision to grant the 

request. The Resolution of Request form(s) will explain both the 

reasons for the denial of the individual’s requested accommodation

and/or PAS, and why the supervisor, manager, or the DPM believes 

that the alternative accommodation and/or PAS provider will be 

effective.

• If the request is approved but the accommodation and/or PAS cannot 

be provided immediately, the supervisor, manager, or the DPM will 

inform the individual in writing of the projected time frame for 
13

implementing the accommodation and/or providing the PAS.

• The NIGC may use federal employees, independent contractors, or a 

combination of employees and contractors as PAS providers. The 

NIGC can also assign personal assistance service duties to an existing 

employee who already performs such service as part of his or her job. 

While the NIGC will give primary consideration to the employee’s 

choice of PAS provider to the extent permitted by law, it may not be 

possible to honor an employee’s preferences in all cases. The NIGC 

may choose a different provider if, for example, the employee’s 

preferred PAS provider is not qualified or less qualified than another 

applicant, if the NIGC decides to assign an existing qualified NIGC 

employee or to utilize a pool of shared PAS providers instead of 

dedicated providers for reasons of cost or convenience. In short, the 

NIGC can choose a different PAS provider for reasons of quality, cost,

or convenience.

(2) Denials. If the NIGC denies a request for accommodation and/or PAS, the 

NIGC official to whom the request was made will complete the Resolution 

of Request form by clearly setting forth the specific reason(s) for the 

denial. The NIGC official will issue the Resolution of Request form to the 

individual and discuss the reason(s) for the denial. In addition, the official 

cannot simply state that a requested accommodation is denied because of 

“undue hardship” or because it would be “ineffective,” but rather, the form 

will specifically explain the reason(s) why the accommodation and/or PAS

would result in an undue hardship or why it would be ineffective. 

• If there is a legitimate reason to deny the specific reasonable 

accommodation and/or PAS requested (e.g., the accommodation or 

PAS poses an undue hardship or is not required by the Rehabilitation 

Act), the supervisor, manager, or the DPM will further explore with 

the individual whether another accommodation and/or PAS would be 

effective. The fact that one accommodation and/or PAS provider 

proves ineffective or would cause undue hardship does not necessarily 

mean that this would be true of another accommodation or PAS 

provider. Similarly, if an employee requests removal of an essential 

function or some other action that is not required by law, the 

supervisor, manager, or the DPM will explore whether there is a 

reasonable accommodation that will meet the employee’s needs.

• If the NIGC official offers an accommodation and/or PAS other than 

the one specifically requested and the alternative accommodation

and/or PAS is not accepted, the NIGC official will record the 

individual’s rejection of the alternative accommodation on the 

Resolution of Request form.

The NIGC may deny a request for PAS if:
14

• the requestor is not an NIGC employee;

• the requestor does not have a targeted disability;

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

• the requester is not able to perform the essential functions of the job, 

even with PAS and any reasonable accommodations;

• the requester would create a direct threat to safety on the job, even 

with PAS and any reasonable accommodations; or

• providing PAS would impose undue hardship on the agency.

(3) Changed circumstances. The approval or denial of an accommodation

and/or PAS request does not prevent an individual from making another 

request in the future if circumstances change (e.g., the disability worsens 

or an employee is assigned new duties that require an additional or a 

different reasonable accommodation). Additionally, an NIGC official may 

not refuse to process a request for reasonable accommodation and/or PAS

and a request may not be denied based on a belief that the accommodation

and/or PAS should have been requested at an earlier point in time (e.g., 

during the application process).

A supervisor or manager who believes that an employee may no longer 

need a previously approved reasonable accommodation and/or PAS should 

contact the DPM. The DPM will decide whether there is a reason to 

contact the employee to discuss whether he or she has a continuing need 

for the accommodation and/or PAS.

Section 6. MISCELLANEOUS MATTERS

a. Right to File an EEO Complaint.

An individual dissatisfied with his or her supervisor’s, manager’s, or the DPM’s

resolution of a request for reasonable accommodation and/or PAS always has the 

right to file a complaint using the administrative EEO process or other statutory 

processes, as appropriate. Such individuals should contact the Office of Diversity, 

EEO and Inclusion at 202-632-0060 or <harassment_prevention@nigc.gov>.

b. Information tracking and reporting.

In order for the NIGC to ensure compliance with the Rehabilitation Act and this 

chapter, the DPM will complete the Reasonable Accommodation/Personal 

Assistance Services (PAS) Information Tracking and Reporting form (Appendix 

E) within five (5) business days of a Resolution of Request form being issued to 

the requesting individual.
15

These completed forms will form the bases of an end-of-year annual report that 

will provide a qualitative assessment of the NIGC’s reasonable accommodation

+and PAS programs, including any recommendations for improvement of the

NIGC’s reasonable accommodation/PAS policy and procedures. This annual 

report will not contain confidential information about specific requests for 

reasonable accommodation and/or PAS, such as the names of individuals that 

requested accommodations and/or PAS. Rather, this report will provide only 

general information, including but not limited to the following information:

(1) the number and types of reasonable accommodations and/or PAS that 

have been requested in the application process and whether those requests 

have been granted or denied;

(2) the jobs (occupational series, grade level, and agency component) for 

which reasonable accommodations and/or PAS has been requested;

(3) the types of reasonable accommodations and/or PAS that have been 

requested for each of those jobs;

(4) the number and types of reasonable accommodations and/or PAS for each 

job, by agency component, that have been approved, and the number and 

types that have been denied;

(5) the number and types of requests for reasonable accommodations and/or 

PAS that relate to the benefits or privileges of employment, and whether 

those requests have been granted or denied;

(6) the number and types of reasonable accommodations and/or PAS

provided on a recurring basis;

(7) the reasons for denial of requests for reasonable accommodation and/or 

PAS;

(8) the amount of time taken to process each request for reasonable 

accommodation and/or PAS; and

(9) the sources of technical assistance that have been consulted in trying to

identify possible reasonable accommodations and/or PAS.

The DPM will keep all cumulative request records for at least three years to 

track the agency’s performance with regard to reasonable accommodation and/or

PAS, enabling the NIGC to assess whether it has adequately processed and 

provided reasonable accommodations and/or PAS, and to evaluate whether and 

where the NIGC needs to improve in its handling of requests for reasonable 

accommodation and/or PAS.

However, the DPM will keep records related to a particular individual (who has 

requested a reasonable accommodation) for the duration of that individual’s 

employment with the NIGC, including any documentation of the individual’s 

disability or need for reasonable accommodation and/or PAS, as well as 

information about the resolution of that individual’s accommodation and/or PAS 
16

request.

c. Relation of procedures to administrative or statutory claims.

The procedures in this chapter do not limit or supplant administrative or statutory 

protections for persons with disabilities and the remedies they provide for the 

denial of requests for reasonable accommodation and/or PAS. Requirements 

governing the initiation of administrative or statutory claims remain unchanged, 

including the time frames for filing such claims.

The Resolution of Request form (Appendix D) provides information to individuals 

denied accommodation and/or PAS, or denied the accommodation and/or PAS of 

their choice, about their right to file an EEO complaint and their possible right to 

pursue a Merit Systems Protection Board (MSPB) appeal.

An individual who chooses to pursue administrative or statutory remedies for 

denial of reasonable accommodation must:

• (for an EEO complaint) contact an EEO counselor within 45 calendar days 

from the date of receipt of the Resolution of Request form or a verbal 

response to the request, whichever comes first. The 45-day filing period 

may not be applicable where there is an unreasonable delay in making a 

decision regarding an accommodation and/or PAS, and the individual files 

a challenge before the decision is made. Such individuals should contact 

the Office of Diversity, EEO and Inclusion at 202-632-0060 or 

<harassment_prevention@nigc.gov>; and

• (for adverse actions over which the MSPB has jurisdiction) initiate an 

appeal within 30 calendar days of the action, as defined in 5 C.F.R. § 

1201.3.

d. No private right of action created.

The procedures contained in this chapter do not create new enforceable rights

under § 501 of the Rehabilitation Act or any other federal law or regulation. 

Executive Order 13164, which requires all federal agencies to adopt reasonable 

accommodation procedures, explains that the procedures are “intended only to 

improve the internal management of the executive branch and does not create any 

right or benefit, substantive or procedural, enforceable at law or equity by a party 

against the United States, [or] its agencies.”

e. Inquiries and distribution.

Any individual seeking further information concerning these procedures may 

contact the DPM via e-mail at <disability_program_manager@nigc.gov>.

This chapter shall be distributed to all employees upon adoption, they will be 
17

posted on the NIGC’s Intranet and external website, and they will also be 

distributed to all new employees as part of their orientation. These procedures will 

be provided in alternative formats when requested from the DPM by, or on behalf 

of, any NIGC employee.

Adopted on January 10, 2018.

Supersedes the “Procedures for Providing Reasonable Accommodation for Individuals with 

Disabilities” adopted by the Commission on September 25, 2017.
18

(Appendix A)

REQUEST FOR REASONABLE ACCOMMODATION AND/OR PERSONAL ASSISTANCE 

SERVICES (PAS)

 Applicant or Employee Name Applicant or Employee Tel No.

Date of Request (whether verbally or in writing) Office or Division

Accommodation and/or PAS requested (Be as specific as possible, e.g., adaptive equipment, reader, 

interpreter, etc.): 

Reason for request: 

If request is time sensitive, please explain:

Log No.: (to be filled in by the Disability Program Manager)

Privacy Act Statement

The Rehabilitation Act of 1973, 29 U.S.C. § 791, and Executive Order 13164 authorize the collection of this 

information. The primary use of this information is to consider, decide, and implement requests for reasonable 

accommodation and/or personal assistance services. Additional disclosures of the information may be made to: 

medical personnel to meet a bona fide medical emergency; another federal agency, a court, or a party in litigation 

before a court or in an administrative proceeding being conducted by a federal agency when the Government is a 

party to the judicial or administrative proceeding; to a Congressional office from the record of an individual in 

response to an inquiry from the Congressional office made at the request of the individual; and to an authorized 

appeal grievance examiner, formal complaints examiner, administrative judge, EEO investigator, arbitrator, or other 

duly authorized official engaged in the investigation or settlement of a grievance, complaint, or appeal filed by an 

employee.
19

(Appendix B)

(Date)

Memorandum

To:

From: ___________, [Title]

Re: Request for medical information and/or medical documentation

The purpose of this memorandum is to request medical information and/or documentation from 

your doctor or other health care provider in support of your request for reasonable 

accommodation and/or Personal Assistance Services (PAS). In order for me to have a better 

understanding of your condition, your prognosis, and your need for accommodation and/or PAS, 

I am requesting that your doctor or health care provider respond to the questions in the attached 

Request for Medical Information in Support of Employee’s Request for Reasonable 

Accommodation and/or Personal Assistance Services (PAS) form.

Your doctor or health care provider should pay particular attention to the questions that address 

your diagnosis, prognosis, and requested accommodation and/or PAS, and should provide 

detailed responses to said questions. There is no need for you to undergo any new examinations, 

treatments, or tests. Your doctor or health care provider can respond to the questions in the 

attached form based on existing office and hospital records, or narrative summary, or both. A 

copy of your position description, which contains the essential functions of your position, may 

also be attached. If so, your position description is to be used by your doctor or health care 

provider in responding to the questions.

The requested medical information should be submitted to me by ______. Your doctor or health 

care provider may mail, fax, or courier the completed form and medical documentation, if any, to 

__________, [Title]. The mailing address and fax number are on the attached form. Your 

medical information may be reviewed and evaluated by a competent medical authority. All 

medical information and/or documentation submitted to the NIGC will be handled as 

confidential.

Please be advised that any delays in providing the requested medical information will delay the 

NIGC’s determination of whether to provide reasonable accommodation and/or PAS to you. If 

you, your doctor, and/or health care provider have any questions about the medical information 

and/or documentation requested, please do not hesitate to contact me at ______.
20

(Appendix C)

REQUEST FOR MEDICAL INFORMATION

IN SUPPORT OF EMPLOYEE’S REQUEST FOR REASONABLE ACCOMMODATION

AND/OR PERSONAL ASSISTANCE SERVICES (PAS)

 Employee Name Date of Request for Medical Information

Employee’s physical and/or mental impairment (To be filled out by employee):

Accommodation and/or PAS requested by employee (To be filled out by the NIGC official to whom the 

request was made):

TO: HEALTH CARE PROVIDER

The above-named employee has requested an accommodation and/or PAS because of a physical and/or 

mental impairment to assist the employee in performing the essential functions of his or her position

and/or to assist the employee in performing activities of daily living. This federal agency requires further 

medical information and/or documentation in order to make an informed decision of whether to grant or 

deny the employee’s request for accommodation and/or PAS. Please answer the following three (3) 

questions with as much detail as possible, but do not include any medical information or documentation 

that does not pertain to the physical or mental impairment for which the accommodation and/or PAS is 

requested. Please use additional sheets, if necessary. 

*** Important Notice ***

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

entities covered by GINA from requesting or requiring genetic information of employees or their family 

members. In order to comply with this law, the agency asks that you not provide any genetic information 

when responding to this request for additional 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.
21

Upon completion, please mail the completed form to the attention of __________at: 

National Indian Gaming Commission, 1849 C Street NW, MS 1621, Washington, DC 20240, or fax to: 

_________ Please mark the documents as “CONFIDENTIAL.” In the alternative, please return the 

completed form to the employee, who will, in turn, submit it to his or her supervisor, manager, or the 

Disability Program Manager. Thank you.

1. What is the nature, severity, and expected duration of the employee’s physical or mental 

impairment? (Please include your diagnosis and clinical findings from the employee’s most recent medical 

evaluation pertaining to the medical condition for which an accommodation or PAS is requested, including any 

of the following pertaining to the identified condition or impairment; findings of physical examinations; results 

of laboratory tests; X-rays; EKGs and other special evaluations or diagnostic procedures; and, in the case of 

psychiatric evaluation or psychological assessment, the findings of a mental status examination and the results 

of psychological tests, if appropriate).

2. Identify the major life activity or major bodily function that is limited by the employee’s 

physical or mental impairment, and explain the extent to which the impairment limits the 

employee’s ability to perform a major life activity or the operation of a major bodily function.

(Examples of major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, 

breathing, learning, sitting, standing, lifting, sleeping, cognitive thinking, concentrating, interacting with 

others, etc.; examples of major bodily functions include functions of the immune system, special sense organs 

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

circulatory, cardiovascular, endocrine, lymphatic, musculoskeletal, reproductive functions, etc.).

3. Explain why this employee requires or does not require reasonable accommodation or the 

particular reasonable accommodation requested and/or PAS, and/or how (and to what extent) 

the above-requested reasonable accommodation and/or PAS will assist or will not assist the 
22

employee in performing the essential functions of his or her position, performing activities of 

daily living, and/or enjoying a benefit of the workplace. (In so doing, please provide the basis or bases 

for your conclusion that the requested accommodation(s) and/or PAS are or are not warranted, and the 

therapeutic benefit or risk avoiding value of such accommodations and/or PAS).

OPTIONAL:

4. Are there other types of reasonable accommodations and/or PAS which may assist the 

employee perform the essential functions of his or her position and/or perform activities of daily 

living? (If so please provide examples of other types of effective accommodation and/or PAS and the basis or 

bases for your conclusion, including the therapeutic benefit or risk avoiding value of such accommodation

and/or PAS).

Name of Health Care Provider Name and Address of Provider’s Employer

Title Address of Provider’s Employer

Signature of Health Care Provider Date
23

(Appendix D)

RESOLUTION OF REASONABLE ACCOMMODATION AND/OR PERSONAL ASSISTANCE 

SERVICES (PAS) REQUEST

Applicant or Employee Name Applicant or Employee Tel No.

Date of Request Office or Division

1. Accommodation/PAS requested: 

2. The accommodation and/or PAS is:

approved as specifically requested. 

approved with an alternative accommodation and/or PAS provider.

denied.

3. If the approved accommodation/PAS provider is different from the originally requested

accommodation/PAS provider, explain: (i) the reasons for the denial of the accommodation/PAS

provider originally requested; (ii) identify the approved alternative accommodation/PAS provider

and indicate whether it was accepted or rejected; and (iii) why the alternative accommodation/PAS

provider would be effective:
24

4. If applicable, the reasonable accommodation request is denied because (may check more than one):

individual does not have a disability as that term is defined by the Rehabilitation Act.

the accommodation is ineffective.

the accommodation would cause undue hardship.

the medical documentation is inadequate.

the accommodation would require removal of essential function.

the accommodation would require lowering a performance or production standard.

other (explain):

5. If applicable, the PAS request is denied because (may check more than one):

the requestor is not an NIGC employee;

the requestor does not have a targeted disability;

the targeted disability does not create a need for PAS;

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

any reasonable accommodations;

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

reasonable accommodations; or

providing PAS would impose undue hardship.

6. If applicable, set forth the detailed reason(s) for the denial of the originally requested reasonable 

accommodation and/or PAS (must be specific, i.e., why accommodation is ineffective or causes undue 

hardship): 

7. If, after denial of the request for reasonable accommodation and/or PAS, the individual wishes 

to file an EEO complaint or pursue a Merit Systems Protection Board (MSPB) appeal, the 

individual must: (i) contact the NIGC EEO Counselor or the NIGC Diversity, EEO and Inclusion 

Director within 45 days of receipt of the notice of denial of reasonable accommodation or PAS); or
25

(ii) initiate an MSPB appeal within 30 days of an appealable adverse action, as defined in 5 C.F.R. § 

1201.3.

Signature of NIGC Official Date

Log. No. 
26

(Appendix E)

REASONABLE ACCOMMODATION/PERSONAL ASSISTANCE SERVICES (PAS)

INFORMATION TRACKING AND REPORTING

 Applicant or Employee Name Office or Division

Date of Request (whether verbally or in writing) Date of Resolution of Request

1. Reasonable accommodation/PAS request was:

approved (whether as originally requested or as an alternative accommodation).

denied.

2. Reasonable accommodation/PAS was needed for:

application process.

performing job functions or accessing work environment.

accessing a benefit or privilege of employment (e.g., attending training or social event).

daily living activities.

3. Position held or desired by individual (employee or applicant, respectively) requesting reasonable 

accommodation and/or PAS (title, grade-equivalent level, and office or division):

4. Date that NIGC official received request:

5. If applicable, date that reasonable accommodation and/or PAS was provided: 

6. If time frames prescribed by this chapter for the processing and resolution of requests for 

reasonable accommodation/PAS were not met, provide the reason(s) (i.e., explain the extenuating 

circumstances for not meeting the timelines): 
27

7. Type(s) of reasonable accommodation and/or PAS requested: 

8. If applicable, reasonable accommodation and/or PAS provided (if different from what was requested, 

explain): 

9. Is this reasonable accommodation/PAS being provided on a regular or recurring basis? 

10. If applicable, cost of accommodation/PAS provided: 

11. Was medical information requested to process this request? If yes, why? 

12. Sources of technical assistance, if any, consulted in trying to identify possible reasonable 

accommodations and/or PAS providers (e.g., Job Accommodation Network, disability organization):

13. Attach all documentation connected with this request. 
28

(Appendix F)

Selected Reasonable Accommodation Resources

• U.S. Equal Employment Opportunity Commission

• 1-800-669-3362 (Voice) 1-800-800-3302 (TT) • http://www.eeoc.gov

The EEOC has published many ADA and Rehabilitation Act-related guidance and documents 

that may assist both individuals requesting accommodations as well as those involved in the 

decision-making process. In addition, the EEOC has a poster that employers may use to fulfill the 

ADA’s posting requirement. Most of these documents are available at www.eeoc.gov.

• Job Accommodation Network (JAN)

• 1-800-232-9675 (Voice/TT) • http://janweb.icdi.wvu.edu

A service of the Office of Disability Employment Policy, JAN can provide information, free-ofcharge, about many types of reasonable accommodations and provide referrals to other 

organizations that may have particular information about accommodations for persons with 

different disabilities.

• ADA Disability and Business Technical Assistance Centers (DBTACs)

• 1-800-949-4232 (Voice/TT)

The DBTACs consist of ten federally funded regional centers that provide information, training, 

and technical assistance on the ADA. Each center works with local business, disability, 

governmental, rehabilitation, and other professional networks to provide current ADA 

information and assistance. The DBTACs can provide information on reasonable accommodation 

and make referrals to local sources of expertise in reasonable accommodations.

• Registry of Interpreters for the Deaf

• 1-301-608-0050 (Voice/TT) • http://www.rid.org

The Registry offers information on locating and using interpreters and transliteration services.

• RESNA Technical Assistance Project

• (703) 524-6686 (Voice) (703) 524-6639 (TT) • http://www.resna.org

RESNA, the Rehabilitation Engineering and Assistive Technology Society of North America, can 

refer individuals to projects in all 50 states and the six territories offering technical assistance on 

technology-related services for individuals with disabilities. Services may include:

• information and referral centers to help determine what devices may assist a person with a 

disability (including access to large data bases containing information on thousands of 

commercially available assistive technology products);

• centers where individuals can try out devices and equipment;

• assistance in obtaining funding for and repairing devices; and

• equipment exchange and recycling programs.