DLMS 6 - Employee Relations

DLMS 6-200: Procedures Governing the Provision of Reasonable Accommodations and Related Services for Employees and Applicants with Disabilities and for Employees and Applicants with Needs Arising out of Pregnancy, Childbirth, or Related Medical Conditions

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200 Procedures Governing the Provision of Reasonable Accommodations and Related Services for Employees and Applicants with Disabilities & Procedures Governing the Provision of Reasonable Accommodations for Employees and Applicants with Needs Arising Out of Pregnancy, Childbirth, or Related Medical Conditions

201 Policy

As the U.S. government's leader for disability employment policy, the U.S. Department of Labor (DOL) is committed to meeting or exceeding its responsibilities to support employees and applicants with disabilities as well as those with needs arising out of pregnancy, childbirth, or related medical conditions, including by providing effective reasonable accommodations. To this end, DOL encourages the use of resources and tools such as the Job Accommodation Network (JAN) and the Employer Assistance & Resource Network on Disability Inclusion (EARN). For additional resource information, refer to Section 205(B)(2) of this Chapter.

The duty of federal employers to provide reasonable accommodations is a fundamental statutory requirement under the Rehabilitation Act of 1973. The Rehabilitation Act uses the standards set under Title I of the Americans with Disabilities Act of 1990 (ADA) and the ADA Amendments Act of 2008 (ADAAA).(1) In addition, effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) expressly requires federal employers to provide reasonable accommodations for known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

Although many individuals with disabilities or people who have needs arising out of pregnancy, childbirth, or related medical conditions can apply for and perform jobs without any reasonable accommodations, there are workplace barriers that may keep others from seeking and performing jobs they could do with some form of accommodation. These barriers may be physical obstacles (such as inaccessible facilities or equipment); they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how job tasks are performed); or they may be the result of available technology. Reasonable accommodations are essential in minimizing or eliminating workplace barriers for individuals with disabilities or people who have needs arising out of pregnancy, childbirth, or related medical conditions.

This policy sets forth roles and responsibilities within DOL with respect to reasonable accommodations and provides examples of the types of accommodations that are appropriate and may be provided to qualified DOL employees and applicants with disabilities or those who have needs arising out of pregnancy, childbirth, or related medical conditions, in written and accessible formats upon request, in accordance with related DOL procedures, instructions, and the law. The examples of accommodations identified in this policy are not exhaustive; instead, they illustrate the broad spectrum of accommodations that may be provided. Reasonable accommodations must be provided to qualified employees and applicants regardless of whether they work (or will work) full-time or part-time, or are considered probationary, temporary or term, career, or appointed, unless the accommodations would be ineffective or to provide them would constitute an undue hardship for DOL.

To determine an effective reasonable accommodation, it is DOL's policy that management must participate in an interactive process when a request, either verbal or written, for a reasonable accommodation is made by an employee or applicant, or when management knows or reasonably should know that a reasonable accommodation should be discussed. Agency officials identified within these procedures who are responsible for the processing of reasonable accommodation requests will assist management and the requestor during the interactive process. The interactive process is where efforts to consider requests for accommodations are discussed; options are explored; and, where necessary/appropriate, interim accommodations are provided until final accommodations can be put in place. If needed or desired, employees and applicants may designate a representative, advocate, physician, union steward, relative, etc., to request an accommodation or otherwise participate in the accommodation process. Employees and job applicants who make requests for accommodations are expected to fully cooperate in the interactive process to ensure that effective and appropriate accommodations may be provided.

As reflected in this DLMS, the Reasonable Accommodation Resource Center (RARC) has been re-organized into the Workplace Equality Compliance Office (WECO) of the Office of the Assistant Secretary for Administration and Management (OASAM). This re-organization provides a streamlined process for handling reasonable accommodation requests overall, as well as improves coordination within the various agencies serviced by the OASAM WECO. Sign Language Interpreting Services are also accessible through RARC. RARC shall facilitate the accommodations process generally; process certain requests for furniture, equipment, technology, and services, etc. (for all agencies); and advise and support employees and managers served by the OASAM WECO on other accommodations. The Civil Rights Center (CRC) will continue to coordinate neutral and independent consideration of Equal Employment Opportunity (EEO) complaints and otherwise provide policy direction and guidance to DOL.

202 Purpose

These procedures implement Executive Order 13164 (July 26, 2000), which instructs federal agencies, including DOL, to “establish effective written procedures for processing requests for reasonable accommodation by employees and applicants with disabilities,” as well as facilitate compliance with 29 C.F.R. § 1614.203(d)(3) (requiring agencies to adopt, post on public Web sites, and make available written procedures to all job applicants and employees in written and accessible formats). They incorporate the related, but distinct, procedures for providing personal assistance services for individuals with targeted disabilities to support activities of daily living such as using the restroom and feeding support.(2) These procedures also facilitate the implementation of the PWFA.(3) These procedures supersede all prior DOL policies on reasonable accommodation.

Nothing in these procedures shall be construed as creating any legal rights for DOL employees or applicants beyond the rights such persons may have under the Rehabilitation Act of 1973, as amended, and the PWFA. These procedures are intended to provide guidance for the implementation of the Department's obligations under the Rehabilitation Act and the PWFA. All dates and time periods are to be reasonably interpreted and applied.

The Inspector General Act of 1978 (IG Act), as amended, established an Office of Inspector General (OIG) within the DOL. The Inspector General has the powers, duties, and responsibilities with respect to DOL and its programs and operations, as granted under the IG Act. Nothing in this Chapter shall contravene nor interfere with the authorities and responsibilities granted to the OIG by the IG Act, or delegations of authority and assignment of responsibilities defined by Secretary's Order 04-2006.

203 Key Terms

This section provides “plain language” definitions of the key legal terms defined in the Rehabilitation Act (29 U.S.C. § 701 et seq.), the ADA (42 U.S.C. § 12101, et seq.), as amended by the ADAAA (42 U.S.C. § 12101, et seq.), and the PWFA (42 U.S.C. Ch. 21G). These laws obligate DOL to provide “reasonable accommodations” to a “qualified individual” with a “disability” under the Rehabilitation Act or “known limitation” under the PWFA who is an employee or applicant, unless the accommodation would impose an “undue hardship” on DOL. Each of the key terms listed here in quotation marks is explained in this section: reasonable accommodation, qualified individual, disability, and undue hardship. This section is not intended to change the meanings assigned to these statutory terms. Persons seeking further explanation of these terms should consult the Equal Employment Opportunity Commission's (EEOC's) “Final Regulations to Implement the ADAAA,” 29 C.F.R. Part 1630. See also Fact Sheet on the Equal Employment Opportunity Commission's (EEOC) Final Regulations Implementing the ADAAA; Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA).

  1. Reasonable Accommodation. Any change in the work environment or in the way things are usually done that enables a qualified individual with a disability or needs arising out of pregnancy, childbirth, or related medical conditions to participate in the application process, to generally perform the essential functions (or fundamental duties) of a job, or to enjoy equal benefits and privileges of employment that are available to individuals without disabilities or needs arising out of pregnancy, childbirth, or related medical conditions. While there are some things that are generally not considered reasonable accommodations (e.g., removal of an essential job function (beyond suspension for a “temporary” duration) or lower production standards), reasonable accommodations can cover most things that enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits and privileges. An accommodation may be effective in producing the desired result even if it is not the employee/applicant's accommodation of choice. An effective accommodation need not be the most expensive, nor must it be exactly what the employee/applicant requests.
    1. Common types of accommodations may include but are not limited to:
      1. Modifying work schedules or supervisory methods (such as providing assignments verbally and in writing);
      2. Granting breaks or providing leave;(4)
      3. Altering how or when job duties are performed;
      4. Removing and/or substituting marginal functions;
      5. Altering office space or offering a different office space;
      6. Granting telework arrangements (and necessary equipment to address accommodation needs at an alternate location);
      7. Making changes to particular workplace policies;
      8. Providing assistive technology or equipment including information technology (IT), communications equipment, or specially designed furniture;
      9. Providing a reader, coach, or other Workplace Assistant Services (WAS);(5)
      10. Providing Personal Assistant Services (PAS) to certain employees with targeted disabilities who need assistance with performing activities of daily living such as assistance with removing and putting on clothing, eating, and using the restroom;(6)
      11. Ensuring that recruitment activities and materials, interviews, tests, and other components of the application process are held in accessible locations or with accessible technology and that appropriate accommodations are facilitated in a timely manner;
      12. Making facilities accessible by, for example, installing a ramp or grab bars;
      13. Providing accessible parking where available;
      14. Providing materials in alternative formats, such as large print or Braille; and
      15. Providing a permanent reassignment to another job, as described in Section 205(F)(5) of this Chapter, as an accommodation of last resort.
    2. Here are non-exhaustive examples of several modifications or adjustments that are not considered to be “reasonable” (including examples in which the proposed accommodation would not be “effective” because it would not enable the individual to perform the essential functions of their position) and therefore do not need to be made by the agency under the reasonable accommodation requirements:
      1. Eliminating, reassigning, or having others perform essential functions (i.e., fundamental duties of the position) unless done temporarily as a requirement of the PWFA;
      2. Lowering production/performance standards (qualitative or quantitative) that are applied uniformly to employees with and without disabilities in the event a reasonable accommodation cannot be offered to enable an employee to meet a production standard;
      3. Creating a new job position;
      4. Allowing or ignoring inappropriate conduct; and
      5. Providing personal use items needed to accomplish daily activities both on and off the job such as prosthetic limbs, wheelchairs, eyeglasses, hearing aids, or similar devices also needed off the job.
    3. Reasonable accommodations under the PWFA. The PWFA uses a similar definition as in the Rehabilitation Act/ADA. Generally, it means a change in the work environment or how things are usually done. Possible reasonable accommodations under the PWFA include:
      1. Frequent breaks;
      2. Sitting (when the position typically requires standing)/Standing (when the position typically requires sitting);
      3. Schedule changes, part-time work, and paid and unpaid leave;
      4. Granting telework arrangements (and necessary equipment to address accommodation needs at an alternate location);
      5. Parking where available;
      6. Light duty;
      7. Making existing facilities accessible or modifying the work environment;
      8. Job restructuring;
      9. Temporarily suspending one or more essential functions;(7)
      10. Acquiring or modifying equipment, uniforms, or devices; and
      11. Adjusting or modifying examinations or policies.

  2. Qualified Individual. For employees or applicants with disabilities, this is defined as an individual who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires and satisfies the requisite skill, experience, education, and other job-related requirements of the employment position.

    With respect to employees or applicants who have needs arising out of pregnancy, childbirth, or related medical conditions, under the PWFA, the term ‘‘qualified’’ is significantly different from that term’s meaning under the Rehabilitation Act/ADA. It means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall also be considered qualified if— (A) any inability to perform an essential function is for a temporary period; (B) the essential function could be performed in the near future; and (C) the inability to perform the essential function can be reasonably accommodated.(8)

  3. Essential Functions. The fundamental job duties of the employment position an individual holds or desires. The term “essential functions” does not include the marginal functions of the position. This definition is the same under the Rehabilitation Act/ADA and the PWFA.
    1. A job function may be considered essential for any of several reasons including, but not limited to, the following:
      1. The function may be essential because the reason the position exists is to perform that function;
      2. There are a limited number of employees available to whom the performance of that job function can be distributed; and/or
      3. The function may be highly specialized so that the incumbent in the position is hired for the incumbent's expertise or ability to perform the particular function.
    2. Evidence of whether a particular function is essential includes, but is not limited to:
      1. The employer's judgment as to which functions are essential;
      2. Written job descriptions prepared before advertising or interviewing applicants for the job;
      3. The amount of time spent on the job performing the function;
      4. The employer’s organizational structure;
      5. The consequences of not requiring the incumbent to perform the function;
      6. The terms of a collective bargaining agreement;
      7. The work experience of past incumbents in the job;
      8. The nature of the work;
      9. The frequency with which certain tasks are performed; and/or
      10. The current work experience of incumbents in similar jobs.
  4. Disability. Under the Rehabilitation Act, a “disability” is a “physical impairment” or “mental impairment” that “substantially limits” one or more of the “major life activities” of an individual; a record (or past history) of such impairment; or being regarded as having a disability.(9) This should be construed broadly and the determination of whether an individual has a disability should not require extensive analysis. Each of the aforementioned key terms is explained below.
    1. “Physical impairment” means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine.
    2. “Mental impairment” means any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
    3. “Substantially limits” – An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not significantly or severely restrict or prevent the individual from performing a major life activity in order to be considered substantially limiting. Nonetheless, not every impairment will constitute a disability. “Substantially limits” should not demand extensive analysis. The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment, the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for “substantially limits” applied prior to the ADAAA of 2008. Multiple impairments that combine to substantially limit one or more of an individual's major life activities also constitute a disability. The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures (such as medication, prosthetics, or psychotherapy).(10)
    4. “Major life activities” include but are not limited to:
      1. Caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working; and
      2. The operation of a major bodily function including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. This also includes the operation of an individual organ within a body system.
  5. Known Limitation. For the purposes of the PWFA, the term ‘‘known limitation’’ means a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer regardless of whether such condition meets the definition of disability specified in section 3 of the ADA.(11)

  6. Undue Hardship. Denial of a request for a reasonable accommodation may be justified if providing that accommodation would pose undue hardship to DOL. “Undue hardship” means significant difficulty or expense in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.

    In determining undue hardship, the following factors should be considered:

    • The nature and expense of the accommodation needed;
    • Facilities and office space;
    • The type of operation of the agency/sub agency, including the structure and functions of the workforce, the geographic separateness, and the administrative or fiscal relationship to the employer of the facility involved in making the accommodation; and
    • The impact of the accommodation on the operation of the agency/sub agency including the impact on the ability of other employees to perform their essential duties, and the impact on the agency/sub agency's ability to conduct business.

    Generally, requests for reasonable accommodation may not be denied for reasons of cost alone, and individuals with disabilities should not be excluded from employment due to the anticipated cost of a reasonable accommodation. However, when/if considering whether an accommodation is too costly, it is necessary to consider the overall financial resources (budget) of DOL, and not simply the resources of the facility or sub agency in question. Whether the cost of a reasonable accommodation imposes an undue hardship depends on DOL's resources, not on the individual's salary, position, or status (e.g., full-time versus part-time, salary versus hourly wage, permanent versus temporary).

    A determination of undue hardship must always be made on a case-by-case basis.

    Under the EEOC’s final rule implementing the PWFA, a limited number of simple modifications will, in virtually all cases, be found to be reasonable accommodations that do not impose an undue hardship when requested by an employee due to needs arising out of pregnancy, childbirth, or related medical conditions. These modifications are:

    • allowing an employee to carry water and drink, as needed, in the employee’s work area;
    • allowing an employee additional restroom breaks;
    • allowing an employee whose work requires standing to sit and whose work requires sitting to stand; and
    • allowing an employee breaks, as needed, to eat and drink.

    This “predictable assessments provision” does not alter the meaning of the terms “reasonable accommodation” or “undue hardship.” Likewise, it does not change the requirement under the PWFA that employers must conduct an individualized assessment when determining whether a modification is a reasonable accommodation that will impose an undue hardship. Instead, the aforementioned list of simple modifications informs supervisors that, for these specific and simple modifications, in virtually all cases, the EEOC expects that individualized assessments will result in a finding that the modification is a reasonable accommodation that does not impose an undue hardship.

  7. Interactive Process. The purpose of the interactive process is to determine what, if any, accommodations can be provided.
    1. The process must include the employee/applicant, the Deciding Official (immediate supervisor or their designee), RARC and/or agency WECO, and/or other relevant offices to discuss the request, brainstorm options, identify appropriate effective reasonable accommodation(s), as well as explore interim accommodations if needed.
    2. The individual requesting the accommodation needs to communicate and participate throughout the entire process, but particularly where:
      1. the specific limitations or barriers are unclear;
      2. an effective accommodation or the disability or limitation is not apparent;
      3. the parties are considering different forms of reasonable accommodation; and/or
      4. a current accommodation is no longer effective and another effective accommodation must be identified.

204 Responsibilities of Participants in the Reasonable Accommodation Process

  1. Reasonable Accommodation Resource Center (RARC) (organizationally located within the OASAM WECO) is responsible for:
    1. Receiving and documenting reasonable accommodation requests;
    2. Advising WECOs and Deciding Officials on providing accommodations;
    3. Providing needs assessments to determine effective accommodations;
    4. Serving as the liaison with other DOL agencies engaged in the provision of the accommodation, e.g., OCIO;
    5. After an accommodation is provided, assisting in monitoring for effectiveness;
    6. Serving as DOL's liaison with the U.S. Department of Health and Human Services' (HHS) Program Support Center (PSC) (formerly known as Federal Occupational Health), which can provide medical review and suggest possible accommodations;
    7. Maintaining summary statistics on accommodations in accordance with Section 209 of this Chapter;
    8. Managing DOL's Centralized Accommodation Fund (CAF), a fund that can be used to purchase reasonable accommodations (such as assistive technology and ergonomic equipment) for DOL employees or applicants with disabilities or those with needs arising out of pregnancy, childbirth, or related medical conditions;
    9. Processing and providing reasonable accommodation requests that include items purchased using CAF;
    10. Managing contracts for Remote Closed Captioning (RCC)/Video Remote Interpreting (VRI), PAS, and WAS;
    11. Managing Sign Language Interpretation services;
    12. Maintaining confidentiality of records as required by the Rehabilitation Act/ADA, PWFA, and other related or similar laws, and as described in Section 205(D) of this Chapter; and
    13. Making delegations of the authority and assignments, as appropriate.
  2. Director of the Civil Rights Center. The Director of the Civil Rights Center (CRC) is responsible for:
    1. Drafting; periodically updating, as appropriate; and providing direction, training, and guidance on the implementation of this Chapter; and
    2. Reviewing proposed denials of accommodations pursuant to Section 206(C) of this Chapter.
  3. Employees and Applicants Seeking Accommodations. A DOL employee or applicant who desires an accommodation under the Rehabilitation Act or PWFA is responsible for:

    1. Requesting an accommodation orally or in writing at any time when needed;

      Note that the individual need not have a particular accommodation in mind before making the request. Additionally, a third party (representative, family member, etc.) may make a request on behalf of an employee or applicant as discussed below.

    2. Completing the Confirmation of Request for Reasonable Accommodation (Appendix A) and providing requested information with the Appendix A or through the electronic filing system. (Utilizing this site is not a requirement. However, if there are any issues with accessing the site, please contact RARC at rarc.info@dol.gov and assistance will be provided.) These forms and others referenced below can be found on LaborNet (as well as above following the Table of Contents) and can be provided to the employee or applicant by the Deciding Official, RARC, the agency's WECO, the servicing human resources office, and/or the Office of Human Resources (OHR) or any Agency employee connected with the job application process, or a management official including a supervisor or manager in the individual’s chain of command;
    3. Participating in good faith with DOL officials in the mandatory interactive process to assess what accommodation can be provided, including promptly providing a limited medical release and/or medical documentation, as described in Section 205(C), when requested;
    4. Regarding current employees for whom no effective accommodation has been identified, providing the agency WECO with an updated resume for the purpose of determining the qualifications and preferences as to location, grade level, and type of potential position for reassignment consideration.
  4. Deciding Official. Typically the first-line supervisor/manager or their designee. The Deciding Official is responsible for:
    1. Providing information and forms to employees and applicants requesting accommodations or referring the employee to RARC to obtain such information and forms;
    2. Participating in good faith in the mandatory interactive process when an employee or applicant requests a reasonable accommodation, as described in Section 205(B) of this Chapter;
    3. Documenting requests for accommodation and the action taken;
    4. Reporting all requests for reasonable accommodation to RARC generally within two (2) business days of receiving the request;
    5. Purchasing items or equipment for accommodations directly (instead of through the CAF) if the cumulative cost of an accommodation is less than $250, with necessary support provided by RARC;
    6. Consulting with RARC and/or the agency WECO and/or the appropriate human resources office (e.g., OHR, OIG, or the Office of the Solicitor (SOL) Management and Legal Services Division (MALS)) when accommodation requests involve performance, conduct, or leave issues; a workers' compensation claim; reallocation of marginal tasks; reassignment; revision of standards; telework; or other scheduling adjustments;
    7. Providing accommodations and rendering decisions on certain accommodation requests, in accordance with Section 206 of this Chapter, after consulting RARC and/or the agency WECO and/or SOL; and
    8. Maintaining confidentiality of records as required by the Rehabilitation Act/ADA, PWFA, and other related or similar laws, and as described in Section 205(D) of this Chapter.
  5. Agency Workplace Equality Compliance Officers (WECOs). Officials who are responsible for advising agency managers on certain EEO-related issues, including reasonable accommodation. Contact information for each Agency’s WECO can be found on the Workplace Equality Compliance Officers webpage. WECOs are responsible for:
    1. Providing information and forms to employees and applicants requesting accommodations and informing RARC of the request generally within two (2) business days;
    2. Processing reasonable accommodation requests that involve reallocation of marginal tasks; reassignment; revision of standards; telework or other scheduling adjustments; performance, conduct, or leave issues; adjustment of generally applicable workplace policies; or a workers’ compensation claim, after consultation with the appropriate human resources office (e.g., OHR, OIG, or SOL’s national office);
    3. Consulting with and advising Deciding Officials throughout the interactive process and bringing together other parties as described in Section 205(B);
    4. Upon being notified that no reasonable accommodation is available, promptly discussing the reassignment process with the employee and engaging in any necessary steps in this regard;
    5. Working with CRC and/or RARC to provide direction, training, and guidance on the implementation of this Chapter;
    6. Maintaining summary statistics on accommodations by agency in accordance with Section 209 of this Chapter; and
    7. Maintaining confidentiality of records as required by the Rehabilitation Act/ADA, PWFA, and other related or similar laws, and as described in Section 205 (D) of this Chapter.
  6. Agency Heads. The official in charge of each DOL Agency is responsible for:
    1. Ensuring that Deciding Officials receive training on this Chapter, including training provided by RARC, WECOs, and CRC;
    2. Ensuring full and prompt cooperation by the agency with processing and implementing reasonable accommodation requests under this Chapter;
    3. Promoting compliance with reasonable accommodation requirements and assessing the performance of relevant officials as outlined in the required performance element in performance management standards and the appraisal process;
    4. Designating a high-level official to review requests for reconsideration as described in Section 207 of this Chapter;
    5. Providing sufficient agency funds and other resources to ensure effective implementation of this Chapter, such as payment for: medical review by the PSC, contributing to the Working Capital Fund for the CAF, and providing accommodations to qualified individual employees or applicants with a cumulative cost under $250; and
    6. Making delegations of the authority and assignments of the responsibility for participants in the reasonable accommodation process, as appropriate.
  7. Human Resources. Human Resources (e.g., OHR, OIG and SOL’s national office) is responsible for:
    1. Ensuring that job vacancy announcements include a notice to applicants on how to request reasonable accommodations;
    2. Reporting all requests for reasonable accommodation from applicants during the application process to RARC generally within two (2) business days of receiving the request;
    3. Providing RARC or the agency WECO with an employee/applicant’s Schedule A documentation if needed per Section 205(C);
    4. Serving as a primary expert resource to RARC, the agency WECO, and Deciding Officials when an accommodation request is complicated by performance, conduct, or leave issues; a workers' compensation claim; or involves reallocation of marginal tasks, telework, reassignment, revision of standards, or other adjustments ordinarily accomplished with the assistance of human resources staff;
    5. Identifying vacant, funded positions for their servicing agencies for which an employee is qualified, in cases where reassignment is being considered as a possible reasonable accommodation; and
    6. Forwarding the “Agency Certification of Reassignment and Accommodation Efforts” (ACRAE) package to RARC or the agency WECO when an employee requests disability retirement.
  8. Office for Human Resources, Division of Staffing. The OHR Division of Staffing shall be responsible for:
    1. Reviewing an agency's unsuccessful attempt at intra-agency reassignment;
    2. Reassigning employees across agencies (except to/within the OIG); and
    3. Participating in and facilitating meetings with RARC, the agency WECOs and Deciding Officials when reasonable accommodation requests are complicated by performance, conduct, or leave issues; a workers’ compensation claim; or involve reallocation of marginal tasks, revision of standards, or other adjustments ordinarily accomplished with the assistance of human resources staff.
  9. Office of the Solicitor. SOL is responsible for providing legal guidance to CRC, RARC, the agency WECOs (except OIG), Deciding Officials, human resources staff, and other agency-designated officials regarding reasonable accommodation issues when requested.
  10. The Office of the Inspector General's Office of Legal Counsel is responsible for providing legal guidance to its WECO, HR office, and its Deciding Officials when requested. The reference to “SOL” throughout this Chapter refers to OIG Legal Counsel when the reasonable accommodation request is made by an applicant for an OIG position or by an OIG employee.
  11. Office of the Chief Information Officer (OCIO) and equivalent sub agency offices are responsible for providing IT guidance and services to the Department and, for the purposes of this Chapter, specifically to RARC. OCIO is further responsible for coordinating with RARC to ensure appropriate, effective accommodations are provided when the accommodation request involves IT. These efforts could require tasks such as the following:
    1. Testing and providing decisions on certification of new software or hardware;
    2. Ensuring the software is safe and allowed within DOL’s IT infrastructure;
    3. Ensuring the availability of and providing enhanced hardware (such as laptops with expanded memory, tablets, or video phone lines); and
    4. Providing remote assistive technology software.

205 Processing Reasonable Accommodation Requests

DOL will process requests for reasonable accommodation, and will provide reasonable accommodations where appropriate, in a prompt and efficient manner in accordance with these procedures.

  1. Requesting Accommodation

    When an employee or applicant requests an accommodation, the individual or the individual's representative must let DOL know that the employee/applicant needs an adjustment or change at work for a reason related to a disability or need arising out of pregnancy, childbirth, or related medical condition. An employee/applicant can make a reasonable accommodation request to a management official, including the direct supervisor; RARC; the agency WECOs; the servicing human resources office (e.g., OHR, OIG, and SOL’s national office); or any agency employee connected with the job application process. An individual may initiate a request for accommodation either orally or in writing at any time; does not need to have a particular accommodation in mind; may use “plain language”; and need not mention the ADA, Rehabilitation Act, PWFA, or use the phrase “reasonable accommodation.” An employee/applicant may verbally request a reasonable accommodation, but should utilize the Appendix A or confirm the request by accessing this link: Reasonable Accommodation Request and Processing Site.

    The Appendix A form that may be used to make an accommodation request can be found on LaborNet (as well as following the Table of Contents) and can be provided to the employee or applicant by the Deciding Official, RARC, the agency's WECO, the servicing human resources office, and/or the Office of Human Resources (OHR) or any Agency employee connected with the job application process, or a management official including a supervisor or manager in the individual’s chain of command.
    Accommodation requests made to a management official, the agency WECOs, the servicing human resources office (e.g. OHR, OIG, or SOL’s national office) or any agency employee connected with the job application process must generally be forwarded to RARC (within two (2) business days) for intake and tracking. Requests can be sent to RARC at rarc.info@dol.gov.

    RARC will distribute requests for processing as appropriate depending on the type of request. Centralizing the receipt and assignment of accommodation requests will enable RARC to assist in monitoring requests, providing guidance, and ensuring that the procedures are handled efficiently and effectively.

  2. The Interactive Process
    1. The interactive process involves discussions and other exchanges to clarify individual needs and identify an appropriate effective reasonable accommodation(s), which may occur over one meeting or the duration of several meetings. After an employee/applicant requests a reasonable accommodation, the next step is for the employee/applicant, the Deciding Official, RARC, and/or the agency WECO to begin the interactive process. The purpose of the interactive process is to determine what, if any, accommodation should be provided. An effective interactive process involves discussing the request, brainstorming options, identifying appropriate and effective reasonable accommodation(s), as well as exploring interim accommodations if needed. This means that the individual requesting the accommodation must communicate with the appropriate persons throughout the entire process, but particularly where:
      1. The specific limitation or barrier is unclear;
      2. An effective accommodation is not apparent;
      3. The parties are considering different forms of reasonable accommodation; and/or
      4. The current accommodation is no longer effective and another effective accommodation must be identified.
    2. The individual making the request, and the Deciding Official, RARC, and/or the agency WECO should work together during the interactive process to identify effective accommodations. Suggested resources for identifying accommodations include, but are not limited to:
      1. The Office of Disability Employment Policy's (ODEP’s) Job Accommodation Network (JAN) can suggest possible reasonable accommodations, www.askjan.org;
      2. ODEP's Employer Assistance & Resource Network on Disability Inclusion (EARN) provides resources to help employers recruit, hire, retain, and advance individuals with disabilities, www.askearn.org;
      3. ADA National Network, which provides resources on the ADA, www.adata.org; and
      4. OASAM's Office of Worker Safety and Health, which can provide ergonomic assessments to help facilitate the interactive process by suggesting/identifying specific types of furniture/equipment. Contact information is available at Office of Worker Safety, Health and Environment.
    3. The Deciding Official, RARC, and/or the agency WECO will contact the employee or applicant generally within four (4) business days after the accommodation request was made to begin discussing the request.
    4. It is expected that RARC and/or the agency WECO will work closely with the Deciding Official in responding to a reasonable accommodation request, including gathering relevant information to respond to a request and to assess whether a particular accommodation will be effective.
    5. RARC and/or agency WECOs are required to provide status updates to employees or applicants who have requested accommodations as well as to Deciding Officials no less than every 15 calendar days a request is pending. These updates should include the stage at which the accommodation is pending and expected next step(s) including anticipated date(s). Updates need not be particularly formal or extensive but should be sufficient to ensure employees or applicants that their requests are being considered in earnest and/or procurement, installation, provision of services, etc., is progressing in a timely manner. Additionally, individuals requesting accommodation may track the processing of requests for reasonable accommodation through RARC and/or the relevant agency WECO.
    6. When a third party (e.g., an individual's doctor, family member, friend) requests an accommodation on behalf of an employee or applicant, RARC and/or the agency WECO should, if possible, confirm with the employee or applicant that they want a reasonable accommodation before proceeding. Where this is not possible, for example, because the employee has been hospitalized in an acute condition, the Deciding Official, in consultation with RARC and/or the agency WECO, will process the third party's request and will consult directly with the individual needing the accommodation as soon as practicable.
    7. RARC and/or the agency WECO may need to consult with other DOL personnel (e.g., IT staff, facilities management) or outside sources to obtain information necessary to make a determination about the request. Such agency personnel must respond quickly to requests for information and assistance from RARC and/or the WECOs so as to not cause an undue delay in providing the accommodation.

    8. An effective accommodation need not be the most expensive, nor must it be exactly what the employee/applicant requests. Employees who request reasonable accommodations are expected to cooperate in good faith in providing the information necessary to assess the request throughout the interactive process. Employees who fail to engage in the interactive process risk being provided with ineffective accommodations or having their request denied due to a lack of information needed to make a proper determination.(12)

      Under the PWFA, to the extent that an employer has reasonable concerns about whether a physical or mental condition or limitation is “related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions,” the employer may request information from the employee regarding the connection, by engaging in the interactive process and by seeking supporting documentation. However, for the most part, the EEOC anticipates that determining whether a limitation or physical or mental condition is related to, affected by, or arises out of pregnancy, childbirth, or related medical conditions, will be a straightforward determination that can be accomplished through a conversation between the Deciding Official and/or RARC or the agency WECO and the employee as part of the interactive process and without the need for the employee to obtain documentation or verification. Moreover, under the PWFA, a limited number of simple modifications will, in virtually all cases, be found to be reasonable accommodations that do not impose an undue hardship. See Section supra/Known Limitation 203(E).

      Deciding Officials are encouraged to consider the specific requests of employees or applicants with disabilities or those with pregnancy-related medical conditions if they have utilized effectively certain accommodations (such as software or other tools) in other positions/offices or contexts (such as in schools or through personal efforts). Considering the experience and/or preferences of employees and applicants with disabilities or pregnancy-related medical conditions — who understand their needs best — is a best practice. Employees or applicants with disabilities or medical conditions must understand that available tools or services may change over time, may not be available due to procurement or IT requirements/standards, or may not work effectively in specific contexts of DOL employment.

    9. When performance and/or conduct issues arise and the employee indicates or the agency has reason to believe that the issues stem from a disability or medical condition, the employee or Deciding Official may initiate an interactive process if an employee does not have an existing reasonable accommodation. Alternatively, the employee or the Deciding Official may re-initiate the interactive process if an employee has an existing reasonable accommodation when performance and/or conduct issues arise that suggest that the accommodation may no longer be effective or sufficient; the agency has determined the accommodation poses an undue hardship; and/or that new or additional accommodations should be explored. If the ability of an employee to perform the essential functions of the job is in question, the Deciding Official may be authorized - after consulting with the agency WECO, RARC, SOL, OHR, and/or OIG - to make inquiries about the employee’s needs for reasonable accommodation under certain circumstances, specifically:
      1. The Deciding Official has a reasonable belief, based on objective evidence, that an employee's ability to perform essential job functions is being impaired by a disability or medical condition. This may include when the Deciding Official knows about a particular employee's disability or medical condition, has observed performance problems, and reasonably can attribute the problems to the disability or medical condition based on objective evidence.
      2. If an employee states that a disability or medical condition is the cause of a performance problem, the Deciding Official could follow up by making clear what level of performance is required and ask the employee why they believe the disability or medical condition is affecting performance. In this instance, if the employee does not ask for an accommodation, the Deciding Official may ask whether there is an accommodation that may help raise the employee's level of job performance.
      3. When an employee requests a reasonable accommodation in response to a Deciding Official's discussion or evaluation of their performance or conduct, the Deciding Official may proceed with the discussion or evaluation but also should begin the interactive process with the employee. It is important to note that accommodations do not retrospectively mitigate performance or conduct problems.
    10. A Deciding Official cannot require a qualified individual with a disability or an individual with needs arising out of pregnancy, childbirth, or related medical conditions to accept an accommodation that is neither requested nor needed by the individual. However, if a particular reasonable accommodation is effective to enable the individual to perform the essential functions of the job, but refused, the individual may be considered not qualified for their position. In such cases, the employee is not entitled to a reassignment search discussed infra at Section 207(B). If all possible accommodations have been explored and ruled ineffective, permanent reassignment can be considered as a reasonable accommodation.
    11. Generally, reassignment will only be considered if no effective accommodations are available to enable the individual to perform the essential functions of the current job, or if the only effective accommodation would cause undue hardship to the Department.

  3. Requests for Medical Information

    Please note that requests for medical information are handled differently under the Rehabilitation Act and PWFA, which is explained in separate sections below.

    1. Under the Rehabilitation Act, in determining whether medical documentation (or additional medical documentation) is necessary to support a request for reasonable accommodation and whether an employee or applicant has a disability, RARC and/or the agency WECO will construe the definition of “disability” consistent with the ADA.

    2. Under the Rehabilitation Act, RARC and/or the agency WECO may request medical information from the employee or applicant to assist in the design of an appropriate and effective accommodation. These requests may also be made by RARC and/or the agency WECO as suggested by the Deciding Official as part of the interactive process. If an employee’s or applicant’s current disability is not obvious or already known, or if more information is needed to assist in identifying an effective accommodation, the employee or applicant may be asked to provide medical information that describes the disability that requires accommodation, and how the accommodation will address the limitations of the disability and enable the employee or applicant to perform the essential functions of the position or participate in the job application process.

      It is the responsibility of the employee or applicant to provide appropriate medical information requested by RARC and/or the agency WECO where the disability is not apparent or already known. A disability is apparent or already known when it is clearly visible or the individual previously provided medical information, such as a Schedule A letter, showing that the condition met the definition of disability. Even if a disability is apparent or already known, it still may be necessary for the employee or applicant to submit medical documentation (or additional medical documentation) if the need for the accommodation (generally or specifically) is unclear. Medical documentation may include assessments or reports created by educational or occupational specialists that discuss or outline accommodations provided in other contexts. The determination of sufficient medical documentation will be made on an individualized, case-by-case basis. Overall, the agency may only request reasonable documentation.

    3. When it is appropriate to request medical information, RARC and/or the agency WECO may request reasonable documentation to understand:

      1. The disability or known limitation;
      2. the nature, severity, and duration of the disability and/or known limitation(s);
      3. the need for the accommodation (generally and/or specifically);
      4. the activity or activities that the disability and/or known limitation impairs;
      5. the extent to which the impairment limits the employee's ability to perform the activity or activities;
      6. the nexus between the impairment and the requested accommodation(s);
      7. how the requested accommodation(s), if any, will assist the employee/applicant to apply for the job, perform the essential functions of the job, or enjoy the benefits and privileges of the workplace; and
      8. other suggested accommodations to consider.

      Even if medical information is needed to process a request, RARC and/or the agency WECO generally shall not request medical documentation directly from a healthcare provider. If additional information is needed, the employee or applicant shall be asked to provide this information. Alternatively, the employee may be asked to sign a release form allowing HHS’ PSC to review or supplement the medical record. If an employee or applicant already submitted medical documentation for a previous request for accommodation with DOL or submitted a Schedule A letter to DOL, they should inform RARC and/or the agency WECO. RARC and/or the agency WECO will then determine if additional medical information is needed to process the current reasonable accommodation request.

    4. If the medical information provided by the employee or applicant (or through a healthcare provider) is insufficient to enable RARC and/or the agency WECO to determine whether the individual has a “disability”; the need for the accommodation(s); the activity or activities that the disability impairs; the extent to which the impairment limits the employee/applicant's ability to perform the activity or activities; the nexus between the impairment and the requested accommodation(s); and how the requested accommodation, if any, will assist the employee/applicant to apply for the job, perform the essential functions of the job, or enjoy the benefits and privileges of the workplace, RARC and/or the agency WECO will explain what additional information is needed. If necessary, the employee or applicant should then ask their healthcare provider to provide the missing information based on the criteria listed above (see subparagraph 3 above, “RARC and/or the agency WECO may request documentation to understand…”). RARC and/or the agency WECO may also give the individual a list of questions to give to the healthcare provider or other appropriate professional to answer. Appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals. If sufficient medical information is not provided by the individual after several attempts or within a reasonable timeframe, RARC and/or the agency WECO may ask the individual requesting an accommodation to sign a limited release (Appendix B). The purpose of this form is to allow RARC and/or the agency WECO to have the available medical information reviewed by the PSC at the agency's expense, if such review is job related and consistent with business necessity. PSC may attempt to contact the employee or applicant’s healthcare provider.

      Medical documentation may be insufficient if, for example:

      1. It does not describe the nature or specify the existence of the individual’s impairment;
      2. It does not explain the need for the reasonable accommodation(s) (generally or specifically);
      3. It does not explain how the requested accommodation 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;
      4. The healthcare provider does not have the expertise to give an opinion about the medical condition and the limitations imposed by it;
      5. It does not specify the current functional limitations due to the disability or medical condition;
      6. It does not explain the nexus between the impairment and the requested accommodation(s); or
      7. Other factors indicate that the information provided is not credible or is fraudulent.
    5. Under the PWFA, as discussed above in Section 205(B)(7), the agency may only seek supporting documentation to the extent it has reasonable concerns about whether a physical or mental condition or limitation is related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions. Where such reasonable concern exists, RARC and/or the agency WECO may request information from the employee regarding the connection, by engaging in the interactive process and by seeking supporting documentation. However, for the most part, the EEOC anticipates that determining whether a limitation or physical or mental condition is related to, affected by, or arises out of pregnancy, childbirth, or related medical conditions, should in most circumstances be a straightforward determination that can be accomplished through a conversation between the Deciding Official, RARC or the agency WECO, and the employee as part of the interactive process and without the need for the employee to obtain documentation or verification. Under the PWFA, an individual can provide a simple self-certification statement confirming that the physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation), and the adjustment or change at work is needed due to the limitation.(13) (14)
  4. Confidentiality Requirements
    1. Under both the Rehabilitation Act and PWFA, medical information obtained in connection with the reasonable accommodation process must be kept confidential.(15) This means that all medical information obtained regarding the medical condition or medical history of any employee shall be treated as a confidential medical record. This includes information concerning the employee's medical diagnosis, symptoms, and functional limitations. Consistent with statutory and EEOC requirements, such medical information shall not be placed in the individual's Official Personnel File (OPF). DOL employees who obtain or receive such information as part of the accommodation process are strictly bound by these confidentiality requirements. The act of requesting an accommodation is considered a protected activity and should not be disclosed except to those with a need-to-know that information regardless of the outcome of the accommodation request.
    2. RARC or the agency WECO will maintain custody of the official records obtained or created during the processing of a request for reasonable accommodation, including medical records, and will consult with SOL regarding requests for disclosure of records outside of those circumstances listed in subparagraphs (a)-(g) below. Records will be maintained in a system of records managed in accordance with the Privacy Act of 1974, 5 U.S.C. § 552a, as amended, and the requirements of 29 C.F.R. Parts 1614 and 1630. These records will be maintained for three (3) years after the employee's separation from DOL or all appeals are concluded, whichever is later. RARC and/or the agency WECO are to keep any cumulative records used to track DOL's overall performance with regard to reasonable accommodation as described in Section 209(B) of this Chapter for at least three (3) years after the tracking report is filed. This information may be disclosed only in the following limited circumstances:
      1. Deciding Officials and other DOL officials with the need-to-know will be provided the information necessary to implement any reasonable accommodation, including the functional limitations and/or adjustments to the work or duties of the employee or other reasonable accommodations. This information should be limited in scope and should not contain diagnoses, symptoms, or other medical information not relevant to the accommodation request.
      2. Supervisors, managers, human resources staff, agency representatives, attorneys, appropriate staff within CRC, RARC, or agency WECOs, and other appropriately limited agency employees involved in assessing, responding to, investigating, attempting to resolve, defending, adjudicating, or other official duties requiring such access to information in handling grievances, claims, complaints, or lawsuits directly related to reasonable accommodation requests or other matters of compliance with the Rehabilitation Act, ADA, PWFA, and other laws prohibiting discrimination relating to the need or request for reasonable accommodation should be provided relevant information or documents only as needed. Other applicable federal laws and regulations also may require disclosure of relevant medical information.
      3. First aid and safety personnel may be informed, when appropriate, if the medical condition may require emergency treatment or assistance during an evacuation or emergency events.
      4. Workers’ compensation offices or insurance carriers for purposes consistent with reviewing such claims or related activities.
      5. Government officials with the requisite authorization may be given information necessary to investigate the agency's compliance with federal antidiscrimination laws and/or other law enforcement purposes.
      6. CRC, RARC and/or agency WECO officials may be provided information to maintain records and evaluate and report on the agency's performance in processing reasonable accommodation requests consistent with Section 209.
      7. The Office of Personnel Management (OPM) for purposes of processing disability retirement requests.
  5. Timeframes
    1. Intake
      1. Deciding Officials, WECOs, servicing human resources offices, any management official, or any agency employee connected with the job application process must report all requests for reasonable accommodation to RARC generally within two (2) business days of receiving the request.
      2. The Deciding Official, RARC and/or the agency WECO will contact the employee or applicant generally within four (4) business days after the accommodation request is made.
    2. Processing
      1. Where an individual has indicated that they have a medical condition that is likely to meet the definition of disability under applicable law or that they have a known limitation related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions and they need a reasonable accommodation, DOL will promptly provide an effective interim accommodation pending a final decision on the accommodation request. DOL retains the right to determine the ultimate effective accommodation that may be provided and the provision of a temporary, interim accommodation does not mean that any specific accommodation will be granted as part of the agency’s final decision. An interim accommodation may become an undue hardship for the agency over time, such as through the granting of extended leave or ongoing scheduling or physical office location changes. The employee must engage in the interactive process in good faith, including by providing appropriate medical documentation in a timely manner, or risk the rescission of an interim accommodation or denial of a final accommodation.
      2. Requests will be processed and, where appropriate, accommodations will be provided in as short a period as reasonably possible. The time frame to provide an accommodation indicates the maximum amount of time it should generally take to process and/or provide a request.
      3. Deciding Officials must follow the outlined process to ensure the Department fulfills its obligations, protects employees’ rights, and documents all decisions. Deciding Officials and RARC and/or agency WECOs may confer on these interests and inform the employee through the interactive process of appropriate considerations. For example, if the Deciding Official is granting a request without determining whether the individual has a “disability” or “known limitation,” the written decision (described below) must state that DOL has voluntarily granted this accommodation without determining whether the employee/applicant is covered under either the Rehabilitation Act or PWFA. See also Section 206(C)(1).
      4. The timeframe for processing a request for reasonable accommodation starts when the accommodation is first requested. DOL will make every effort to expedite processing of requests for reasonable accommodation that are needed for employees or applicants to participate in a specific activity sooner than the maximum allowable timeframe indicated below.
      5. Within a maximum of forty-five (45) calendar days of a request for accommodation:
        1. The Deciding Official will, unless there are extenuating circumstances as defined under Section 205(E)(3) below, provide an accommodation, if appropriate, and issue a written decision in consultation with appropriate agency officials (identified in Section 206 depending on the nature of the decision), indicating that an accommodation (the specific request or an effective alternative) has been provided or denying an accommodation to the employee. While there is no set format and decisions need not be so formal that they delay the accommodation process, Deciding Officials must effectively memorialize decisions on accommodations so that they may be reviewed during investigations, for example, or assist a new supervisor to understand and sustain an employee’s accommodation.
        2. The RARC and/or agency WECO will, unless there are extenuating circumstances as defined under Section 205(E)(3) below, provide equipment, services, or assistive technology (using DOL's CAF) when it has been determined that a purchase is needed as described in Section 205(F)(2) of this Chapter. Employees are advised that government procurement rules and vendor response rates may impede the timely provision of equipment and/or services. Delivery times and installation delays may constitute extenuating circumstances.
      6. Where there is a delay in either processing a request or providing an accommodation, RARC and/or the agency WECO will notify the employee or applicant and the Deciding Official of the reason for the delay, including any extenuating circumstances that justify the delay, and must document the interactive process discussions with the employee and Deciding Official. See also Section 205(B)(5) on required status updates. An applicant or employee may also track the processing of their requests by contacting RARC or the relevant agency WECO. Contact information for RARC and the agency WECOs can be found at the end of this Chapter.
      7. As there are unlikely to be accommodations that will be identical from situation to situation, the time frames for completion will be different in each situation.
      8. The RARC and/or agency WECO will seek to ensure that accommodation requests are processed as expeditiously as possible. Where an accommodation can be provided in less than the maximum time frame, failure to provide an accommodation in a prompt manner may violate the Rehabilitation Act or PWFA.
      9. When a request is made, RARC and/or agency WECO will immediately work with the Deciding Official and the employee or applicant to begin the interactive process and seek to collect relevant information about possible accommodations. There should not be a delay in beginning this process, absent exigent circumstances. All employees who receive inquiries or questions from RARC and/or the agency WECO relating to a request for an accommodation are expected to respond and provide the necessary information promptly so that delays in providing accommodations may be avoided.
      10. In those instances where the disability is apparent or already known, if it is clear why an accommodation is needed, and if an accommodation can be provided quickly, then RARC and/or the agency WECO will be able to assist the Deciding Official in providing the accommodation sooner than in those situations when these factors are not present. The following are illustrative of straightforward situations where an accommodation can usually be provided within a shorter time period:
        • An employee with insulin-dependent diabetes who sits in an open area asks for three breaks a day to test blood sugar levels in private.
        • A supervisor distributes a detailed agenda at the beginning of each staff meeting. An employee with a learning disability asks that the agenda be distributed ahead of time because the disability makes it difficult to read quickly and the employee needs more time to prepare.
      11. As discussed above, under the PWFA, a limited number of simple modifications will, in virtually all cases, be found to be reasonable accommodations that do not impose an undue hardship when requested by an employee due to needs arising out of pregnancy, childbirth, or related medical conditions. These modifications are: (1) allowing an employee to carry water and drink, as needed, in the employee’s work area; (2) allowing an employee additional restroom breaks; (3) allowing an employee whose work requires standing to sit and whose work requires sitting to stand, and (4) allowing an employee breaks, as needed, to eat and drink.
      12. When no effective accommodation is identified in the employee’s current position, a reassignment search (to a permanent position) will generally begin within 15 calendar days of receipt of the resume, preferences, and functional limitations. Note that temporary reassignments under the PWFA should be handled expeditiously.
    3. Extenuating Circumstances
      1. Extenuating circumstances are those that could not reasonably have been anticipated or avoided or that are beyond the agency’s control. Absent extenuating circumstances, the processing of a request for accommodation should occur in accordance with the timeframes identified above.
      2. DOL may not be expected to adhere to its usual timelines if an employee or applicant or an employee or applicant’s healthcare provider fails to provide sufficient documentation in a timely manner.
      3. When extenuating circumstances are present, the time for processing a request for reasonable accommodation and/or providing the final decision on the accommodation request may be greater than those when extenuating circumstances do not exist. While these types of circumstances may not be foreseen, once discovered, RARC and/or the agency WECO will immediately make the employee/applicant and Deciding Official aware of the situation and provide regular progress updates. See Section 205(B)(5) above.
      4. When extenuating circumstances are present, RARC and/or the agency WECO should work with the employee/applicant and the Deciding Official to extend interim accommodation(s), where appropriate.
      5. Extenuating circumstances may include time added for obtaining sufficient medical documentation when not provided, particularly when an employee demonstrates that they are making good faith efforts to engage their healthcare provider; added time for the shipping, delivery, and/or installation of purchased items; procurement of customized equipment or services; or, time to schedule workplace and/or medical assessments where needed in order to determine effective accommodation(s).
      6. When the above referenced circumstances occur, RARC and/or the agency WECO must document the interactive process discussions with the employee and Deciding Official.
      7. Employees and applicants requesting accommodations are advised that, in determining whether there has been an unnecessary delay in responding to a request for reasonable accommodation, relevant factors would include:
        1. Under the Rehabilitation Act: (1) the reason(s) for the delay, (2) the length of the delay, (3) how much the employee/applicant and the agency each contributed to the delay, (4) what the agency was doing during the delay, and (5) whether the required accommodation was simple or complex to provide.
        2. Under the PWFA: (1) the reason for the delay; (2) the length of the delay; (3) the length of time that the accommodation is needed; (4) how much the employee/applicant and the agency each contributed to the delay; (5) whether the agency was engaged in actions related to the reasonable accommodation request during the delay; (6) whether the accommodation was or would be simple or complex to provide; and (7) whether the agency offered the employee/applicant an interim accommodation during the interactive process or while waiting for the agency’s response.(16) See also discussion of PWFA under Section 205(B)(8) above.
    4. Expedited Processing of Requests. In certain circumstances, a request for reasonable accommodation by an employee or applicant may require an expedited review, decision and, when applicable, provision of the accommodation within a specific time period. Expedited processing might be necessary where, for instance, the reasonable accommodation is needed for a specific agency activity that is scheduled to occur shortly (e.g., an employee may need a sign language interpreter for a meeting scheduled to take place in five days or less).
    5. Reconsideration. Upon resolution of a reasonable accommodation request, as described in Section 207 of this Chapter, individuals who are dissatisfied with a denied request for accommodation may seek in writing that the agency reconsider the decision within ten (10) business days after receiving such decision. A denial of a specific request will not be reconsidered if an effective alternate accommodation has been offered. Similarly, a denial based on an employee’s failure to engage in the interactive process in a timely or sufficient manner does not make an employee eligible for reconsideration. The Designated Official will generally provide a written response to the request for reconsideration within fifteen (15) business days after receiving the written request for reconsideration.
  6. Processing Specific Types of Reasonable Accommodation Requests

    1. Reasonable Accommodation for the Application Process

      Hiring agencies must provide reasonable accommodations for qualified applicants and candidates upon request unless doing so would create an undue hardship on the agency. Generally, requests for accommodation should not be denied for reasons of cost, and individuals with disabilities should not be excluded from employment due to the anticipated cost of a reasonable accommodation.

      Reasonable accommodations that may be needed during the hiring process include (but are not limited to):

      • Providing written materials in accessible formats, such as large print, Braille, or audiotape.
      • Providing readers or sign language interpreters.
      • Ensuring that recruitment, interviews, tests, and other components of the application process are held in accessible locations or with accessible technology.
      • Providing or modifying equipment or devices.
      • Adjusting or modifying application policies and procedures; and
      • Modifying test procedures.
      1. Disclosure. During the hiring/pre-employment process, hiring officials may not ask applicants questions in a manner that requires them to disclose the existence of a disability or the need for reasonable accommodation. However, applicants may voluntarily disclose their disability. If a change or adjustment to the initial application process or interview format is required, applicants should disclose their related disability as part of the reasonable accommodation interactive process.
      2. Accommodation Request. To request an accommodation related to the application or interview process, the applicant must inform the appropriate human resources office (e.g., OHR, OIG, or SOL national office) and/or the hiring agency. Such a request may be made by the applicant or someone else (e.g., a representative, such as a job coach or interpreter) orally or in writing. The hiring agency may explain what the hiring process involves (for example, an interview, timed written test, or job demonstration), and then ask whether the applicant will need a reasonable accommodation for any part of the process. However, hiring agencies may not ask disability-related questions until a conditional job offer is made to the applicant. Under the Pregnancy Discrimination Act, hiring agencies may not ask applicants questions about pregnancy, childbirth, or related medical conditions.(17)`
      3. Documentation. Applicants may be required to provide sufficient documentation about their disability and the need for accommodation. Documentation may include a doctor’s note, medical records, Schedule A certification, or other relevant information that is needed to ensure the applicant has a covered disability. See Section 203(E) above regarding seeking supporting documentation for a “known limitation” under the PWFA.
      4. Interactive Process. The applicant, the hiring agency, and the appropriate human resource office (e.g., OHR, OIG, or the SOL national office) should engage in an interactive dialogue throughout the process. Human resources offices must report all requests for reasonable accommodation to RARC and/or the agency WECO generally within two (2) business days of receiving the request.

    2. Certain types of requests for reasonable accommodation are fulfilled by RARC directly.

      RARC coordinates with Deciding Officials to process reasonable accommodation requests paid for from DOL's CAF. As described in Section 205(C) of this Chapter, RARC will determine whether medical documentation is necessary to support a request for a reasonable accommodation purchased through the CAF. The CAF can be used to purchase reasonable accommodations for individual employees or applicants with a cumulative cost of more than $250. If the cumulative cost of an accommodation for an individual employee or applicant is less than $250, RARC will provide necessary support to facilitate the Deciding Official's purchase of the item(s) or equipment. RARC is responsible for processing and providing accommodation requests that may be paid for using the CAF, such as:

      • Assistive technology devices or software (such as screen readers), communications equipment, or items such as specially designed furniture;
      • Higher capacity laptops may be procured when assistive software requirements include additional memory or other upgrades;
      • Readers or other Workplace Assistant Services (WAS) to enable employees to perform their job functions;
      • Personal Assistant Services (PAS) for employees or applicants with targeted disabilities;
      • Remote Closed Captioning (RCC) or Video Remote Interpreting (VRI) services;
      • Certain changes to buildings or facilities; and
      • Materials in alternative formats, such as large print or Braille.

      RARC and/or the agency WECOs will coordinate with Deciding Officials to process and provide reasonable accommodation requests such as:

      • Modifying work schedules or supervisory methods (such as providing assignments verbally and in writing);
      • Granting breaks or approving leave;
      • Altering how or when job duties are performed;
      • Removing and/or substituting marginal functions;
      • Moving to different office space;
      • Granting telework arrangements (and necessary equipment to address accommodation needs at an alternate location);
      • Making changes to workplace policies; and
      • Providing a reassignment to another job.

    3. Recurring Accommodations. When an accommodation is needed on a recurring basis, such as a sign language interpreter, RCC, VRI, or large print documents, the employee does not need to undergo the approval process on a recurring basis.

      Sign Language: RARC manages DOL's Sign Language Interpreting Office, which provides American Sign Language (ASL) interpreters and Communication Access Realtime Translation (CART). DOL's Sign Language and Captioning Request Form is attached as Appendix E.

    4. Reasonable Accommodations and Travel

      DOL policy regarding the approval of official travel expenses related to reasonable accommodations may be found in DLMS 2-1612, Travel by an Employee with a Disability or Special Need.

      When an employee who needs a reasonable accommodation as described in this Chapter travels on a Temporary Duty (TDY) assignment, the employee is eligible to claim reimbursement for pre-approved official travel expenses associated with reasonable accommodations. The component agency determines if an employee has a disability or a need arising out of pregnancy, childbirth, or related medical conditions that requires accommodation, including when documentation is necessary or when a determination may be based on a clearly visible physical condition. If the disability or need is not clearly visible or discernible, documentation is required. (41 CFR 301-13.2). The employee must submit a current medical statement written by a competent medical authority documenting the disability or need. The employee must re-certify the medical statement on an annual basis unless the disability or need is permanent and confirmed in the medical statement.

      The interactive process described in this Chapter may support the process required to authorize necessary additional travel expenses (reasonable accommodations) incurred in the performance of official travel, but does not override the requirements described in the Federal Travel Regulation (FTR) nor DLMS 2-1600.

      The relevant agency approving official may authorize expenses deemed necessary to accommodate an employee or applicant including, but not limited to:

      • Transportation and per diem expenses incurred by a family member or other attendant who must travel with the individual being accommodated to make the trip possible;
      • Specialized transportation to, from, and/or at the TDY duty location;
      • Specialized services provided by a common carrier to accommodate the individual being accommodated;
      • Costs for handling baggage that are a direct result of the disability or need;
      • Renting and/or transporting a wheelchair;
      • Other than coach class accommodations to accommodate a disability or need arising out of pregnancy, childbirth, or related medical conditions, under FTR subpart B of part 301-10; and
      • Services of an attendant, when necessary, to accommodate a disability or need.
    5. Reassignment
      1. Permanent reassignment will be considered as a reasonable accommodation only as a last resort after all other possible accommodations to enable the employee to perform the essential functions of their position of record have been explored and ruled ineffective. Generally, reassignment will only be considered if no effective accommodations are available to enable the individual to perform the essential functions of the current job, or if the only effective accommodation would cause undue hardship to the Department. (Noting that, as previously described, temporary reassignment may be provided to individuals under the PWFA.) An employee's rejection of a reasonable accommodation or effective alternative accommodation does not make an employee eligible for reassignment (nor does it permit reconsideration). Similarly, a denial based on an employee’s failure to engage in the interactive process in a timely or sufficient manner does not make an employee eligible for reassignment or reconsideration. See fn (12) on “non-pursuit.”
      2. When it has been determined that reassignment should be considered, the agency WECO will coordinate with the agency’s servicing human resources office to conduct the reassignment search.
      3. Permanent reassignments will be made to vacant funded positions only. A position is considered a “vacant funded” position when a request to initiate a recruitment action has been received in the servicing human resources office and the agency indicates/confirms that a vacant position exists. Intra-agency reassignments by the employing agency must be explored first before inter-agency reassignments are assessed. DOL cannot reassign an employee if no vacant funded positions are available.
      4. The employee should provide a copy of their resume and any certification materials that can be used to assist the HR Office to determine the qualifications of the employee when conducting the reassignment search.
      5. If more than one position is identified, the agency representative and/or the HR Director for OIG, the HR Director for the SOL national office and/or the OHR Division Chief for Staffing, in consultation with the agency WECO and SOL, shall consider the employee’s preferences and the agency’s needs in determining which position to offer the employee. In all cases, however, the agency has the ultimate discretion to determine which position to offer the employee.
      6. Employees may be reassigned only to positions for which they are qualified and that are equivalent in terms of pay, promotion-potential, status, or other relevant factors (e.g., benefits, geographical location) unless employees consent otherwise.
      7. Additionally, prior to any reassignment position being offered to an employee, the agency WECO and/or the HR Office must confirm the availability and qualifications of the reassignment position with the potential receiving office before it is offered. If the reassignment position is determined to be unavailable, inconsistent with the employee’s qualifications, or otherwise inappropriate, the agency WECO must consult with SOL prior to documenting the reason(s) for the reassignment position not being offered to the employee.
      8. Reassignment may be offered to a lower-graded position if no vacant funded positions are available at the employee's grade, and the employee has indicated a willingness to consider such positions on the Reassignment Preference Form (Appendix D). There is no guarantee of pay retention if a lower graded position is identified.
      9. An employee being reassigned to a different commuting area shall pay for relocation expenses unless the agency routinely pays such expenses when granting voluntary transfers to other employees.
      10. Reassignments to or within the OIG can be requested by the OHR Director but cannot be ordered.
    6. Parking
      1. Under the Federal Management Regulations, employees with severe disabilities have first priority for employee parking spaces in federally controlled areas. 41 C.F.R. §§ 102–74.285 and –74.305. Therefore, federal agencies must assign available parking spaces to employees with severe disabilities first. The Federal Management Regulations define “severe disability” as a severe, permanent impairment that, for all practical purposes, precludes the use of public transportation or requires the employee to be driven to work by another (in cases where an employee is unable to operate a car as a result of permanent impairment). Certain temporary medical conditions, including those related to pregnancy, childbirth, or related medical conditions, may warrant consideration for employee parking.
      2. Reasonable accommodations for parking may include an assigned parking space that is:
        1. Close to the entrance of the building;
        2. On an accessible route;
        3. Close to the employee's office;
        4. Next to an access aisle to allow the employee to exit the vehicle;
        5. In an otherwise first come, first served parking lot;
        6. Available for a van with a wheelchair ramp or lift; and/or
        7. Covered or inside.

      3. Making a Request for Parking. Requests for parking should be made in accordance with Section 205(A) of this Chapter. Upon receipt of a request for parking, RARC and/or agency WECO will work with the employee to understand their needs and determine options to provide this accommodation. To receive guidance relating to functional limitations or alternatives based on the type of disability, the Deciding Official will consult with RARC and/or the agency WECO and the Building/Parking Official. The employee may be required to provide medical documentation or additional information consistent with Section 205(C) of this Chapter. The Deciding Official, in consultation with the Building/Parking Official, will provide the employee with a written decision and, if appropriate, facilitate the approved parking and provide RARC and/or the agency WECO with a copy of the record.

        The Building/Parking Officials are:

        1. For the Frances Perkins Building: Director, Office of Administrative Services/Facilities, OASAM Business Operations Center (BOC);
        2. For the building at 201 12th Street South, Arlington, VA 22202: Director, Office of Administration and Management, Mine Safety and Health Administration (MSHA);
        3. For the Bureau of Labor Statistics Building: Chief, Division of Administrative Services, Bureau of Labor Statistics (BLS); and
        4. For the Regional Offices and for any satellite (district, area, or other local) offices: Division Chief, Space and Facilities, OASAM Office of Field Operations.
      4. Payment for Parking. If employees are generally required to pay for parking, individuals with disabilities or needs arising out of pregnancy, childbirth, or related medical conditions who receive a parking priority or reasonable accommodation are also required to pay such fees. In facilities where there are no Government-owned or Government-controlled parking facilities available, DOL may pay the reasonable increased portion only of commercial parking fees for employees with disabilities or needs arising out of pregnancy, childbirth, or related medical conditions, if the medical condition requires the individuals to pay more than a de minimis amount above that generally paid by other employees working at the same facility (Decision of the Comptroller General, 12349, March 26, 1984). Each employee with a disability or need arising out of pregnancy, childbirth, or related medical conditions must pay the usual cost (typically paid by others for commercial parking in that same area) of commuter parking and the Department may pay the increased portion resulting from parking accessibility requirements (for example, if there is an increased cost for a reserved parking space in the employee's office building, a parking space closer to the entrance, or an enclosed parking space). The Building/Parking Official listed in paragraph (6)(c) of this Section may request that the General Services Agency (GSA) provide the necessary parking accommodations or a delegation for the Building/Parking Official to do so.
    7. Changes to Buildings or Facilities
      1. In the event that an employee has a reasonable accommodation request that requires making physical changes to a facility or workspace utilized by that employee, the employee shall make the request directly to RARC and/or the agency WECO. RARC and/or the agency WECO will consult with the Building Officials listed in Section 205(F)(6)(c), and the Deciding Official in order to receive guidance relating the changes and/or possible solutions based on the type of disability or need arising out of pregnancy, childbirth or related medical condition.(18)
      2. The employee may be required to provide medical documentation or additional information consistent with Section 205(C) of this Chapter.
      3. For requests in regional field locations, the OASAM Office of Field Operations may work with the GSA Building Manager to address and implement accommodations concerning physical changes to a facility or workspace.
      4. The Deciding Official, in consultation with RARC and/or the agency WECO and the Building/Parking Officials listed in Section 205(F)(6)(c) of this Chapter, will provide the employee with a written decision, monitor and/or facilitate changes, and provide RARC and/or the agency WECO with a copy of the record.
      5. For employees who may be located in State government offices, requests for accommodation dealing with state building facilities should be directed to the respective designated employee under 28 C.F.R. § 35.107 (regulations for Title II of the Americans with Disabilities Act) with a copy to RARC and/or the agency WECO. Complaints related to building accessibility within State government offices will be processed under 29 C.F.R. Part 32 (regulations for Section 504 of the Rehabilitation Act for Federally assisted programs receiving financial assistance from the U.S. Department of Labor).
      6. RARC will monitor requests for building-related accommodations.

206 Resolution of Reasonable Accommodation Requests

All final decisions regarding requests for reasonable accommodations must be issued in writing. All decisions are issued by and from the Deciding Official, following consultation with RARC, the agency WECO, and/or SOL. For requests involving building-related accommodations in the National Office (Frances Perkins Building (FPB)), the Deciding Official will also consult with BOC. For all other locations, the Deciding Official will consult with the Building Officials as listed in Section 205(F)(6)(c) of this Chapter.

  1. If the Deciding Official grants a specific request for accommodation, the Deciding Official will inform the employee or applicant in writing of the decision and work to implement the accommodation. The Deciding Official may grant and implement an accommodation before issuing such a written decision. This is particularly true if the same or an equally effective interim accommodation has been provided.

    While a written decision should be issued contemporaneously, it should not delay the provision of an accommodation.

  2. Where an alternative effective accommodation is offered and/or provided instead of the specifically requested accommodation, the written decision will explain why the effective alternative is being offered and/or provided instead of the requested accommodation. The written decision must explain why the alternative accommodation offered is considered effective. The written decision may explain the consideration of medical information especially if the documentation does not support and/or clarify the accommodation specifically sought by the employee. The written decision should also discuss the essential functions of the job and how the alternative accommodation being offered will allow the employee to perform the essential functions. Beyond the requirement that employees must be able to perform essential functions with or without accommodation, DOL must also ensure that employees can perform their duties safely. The decision offering and/or approving an alternative effective accommodation must be written in consultation with RARC or the agency WECO and reviewed by SOL before being issued to the employee or applicant. The provision of an alternative effective accommodation does not constitute a denial although the employee may file an EEO complaint or other appropriate objection to assert why the accommodation is not effective.
  3. If the Deciding Official denies a request for accommodation either in part or in whole without offering an effective alternative to address part or all of the need for accommodation, the Deciding Official will inform the employee or applicant in writing of the decision. The denial must be written in consultation with RARC and/or the agency WECO and reviewed by SOL and the Director of CRC before being issued to the employee or applicant. The Deciding Official will specifically indicate: a) the reason for the denial (e.g., why the medical documentation from the employee or applicant is insufficient to establish that the individual has a disability or needs reasonable accommodation; and/or why the requested accommodation would not be effective; or why the accommodation would pose an undue hardship); and b) the individual's administrative rights to request reconsideration of the decision or file an EEO complaint pursuant to 29 CFR §1614.106. Generally, all decisions should be provided in accessible/alternative formats. Generally, requests for reasonable accommodation may not be denied for reasons of cost, and individuals with disabilities should not be excluded from employment due to the anticipated cost of a reasonable accommodation.
    1. A written notice must be provided regardless of what type of accommodation is approved/provided. If the Deciding Official grants a request without determining whether the individual has a “disability,” the notice must state that DOL has voluntarily granted this accommodation without determining whether the employee/applicant is a qualified individual with a disability. The written decision should also acknowledge any interim accommodation provided and explain why, if true, the interim accommodation was temporary and could not be sustained. Employees are reminded that interim accommodations may be provided to mitigate delay for extenuating circumstances and enable employees to perform the essential functions of their positions effectively and safely, but that DOL reserved its right to assess whether and what accommodations would be formally provided.
    2. After an accommodation has been provided, RARC and/or the agency WECO will strive to monitor the accommodation for effectiveness, as appropriate, by following up with the employee and the Deciding Official. During this monitoring, modification or adjustment to an accommodation may be necessary or requested. The employee can also return to RARC and/or the agency WECO for assistance if such need arises. Additionally, a period of trial and error or “pilot” accommodations may be attempted and considered a part of the interactive process. See Section 207(D) below as well.

207 Requests for Reconsideration

  1. Upon denial of a request for reasonable accommodation, as set forth in Section 206 of this Chapter, employees/applicants who are dissatisfied with the denial may request in writing within ten (10) business days after receiving such decision that the agency reconsider the decision. Such a request should be provided to RARC and/or the agency WECO who will forward it to the designated agency official. Agency heads shall designate a high-level official to review requests for reconsideration. The person designated should be at a level comparable to a Senior Executive Service Career Deputy Assistant Secretary and should not have a direct connection with a particular reconsideration request (which may in some instances require designation of a substitute official). When a request for reconsideration is made, the individual making the request may present additional information in writing in support of the request, and the designated agency official may consider that and any other information at the official’s discretion. The designated agency official shall provide a written response to the request for reconsideration generally within fifteen (15) business days after receiving the written request for reconsideration. This response shall be provided to the individual requesting the accommodation, the Deciding Official, RARC and/or the agency WECO. This response shall state either an affirmation or a reversal of the Deciding Official’s decision.
  2. A denial of a specific request will not be reconsidered if an effective alternate accommodation has been offered and/or provided. Similarly, a denial based on an employee or applicant’s failure to engage in the interactive process in a timely or sufficient manner does not make an individual eligible for reconsideration.
  3. This request for reconsideration process does not affect the time frame for instituting proceedings under the EEO procedures set forth at 29 C.F.R. Part 1614 or any other appropriate dispute resolution process. The forty-five (45) day period during which an employee may begin proceedings under the EEO process begins on the date of the decision letter issued by the Deciding Official, not the date of any action in response to a request for reconsideration. An individual’s participation in any or all of these informal dispute resolution processes does not satisfy the requirements for bringing a claim under the EEO complaint process, Merit Systems Protection Board, or union grievance procedures. For more information on initiating the EEO process, please see: How to File an EEO Complaint.

  4. Modifying or Rescinding Accommodations. While either the employee or the agency can request modification or rescission of a reasonable accommodation, an approved accommodation cannot be modified or rescinded except when, in consultation with RARC, the agency WECO, and/or SOL:

    1. There is a change in the essential functions of the position and related revision(s) to the position description;
    2. There is a change in the operation, business process, environment, or method in that the essential functions are performed;
    3. There is a change in the employee’s performance relating to the accommodation that demonstrates that the accommodation is no longer effective or sufficient;
    4. An accommodation was meant to be temporary or time-limited particularly if continuation becomes an undue hardship (e.g., extended leave, particularly leave without pay);
    5. The medical condition appears to have improved or been resolved, the treatment plan has been modified, and/or the need for the specific accommodation has changed (such as a change in the way the position is performed).

    Modifying or rescinding an approved accommodation will require the agency and the employee to re-initiate the interactive process. See Section 205(B).

    Note that a change in supervisor or misconduct not related to a reasonable accommodation generally cannot be used as grounds for modifying or rescinding an approved accommodation.

208 Independent Medical Review/Assessment and Disability Retirement

  1. Independent Medical Review

    HHS' PSC can provide independent medical review and assessments through this Chapter. RARC serves as DOL's liaison to PSC. All requests for independent medical assessment and review must be made through RARC. Generally, PSC is expected to provide a written recommendation regarding whether to provide the requested accommodation; propose an effective alternative; inform the agency that, based on the medical documentation provided, there are no accommodations that would allow the employee to perform the essential functions of the position; or, a combination of the three.

    Considerations for independent medical reviews and assessments are as follows:

    1. Generally, a disability-related inquiry or medical examination of an employee may be "job-related and consistent with business necessity" when there is "a reasonable belief, based on objective evidence, that: (1) an employee's ability to perform essential job functions will be impaired by a medical condition; or (2) an employee will pose a direct threat to themselves or others due to a medical condition." Disability-related inquiries and medical examinations in response to a request for reasonable accommodation when the disability or need for accommodation is not known or apparent also may be job-related and consistent with business necessity. In addition, periodic medical examinations and other monitoring under specific circumstances may be job-related and consistent with business necessity;
    2. The medical documentation provided by the employee or applicant requesting a reasonable accommodation is insufficient, as described in Section 205(C)(4) of this Chapter, or the employee has not responded to requests for medical documentation;
    3. Completion of the Authorization for Limited Release of Medical Information form Appendix B (for medical review and assessment);

    4. Completion of Consent for Examination form Appendix C (for examination consent).

      RARC will ensure that the appropriate documents are submitted to PSC including the employee’s position description and/or the position description for the position the applicant applied for, which would be considered in completing this assessment and review.

      When RARC makes a request to PSC for independent medical review, a PSC physician may review medical documentation and/or contact the employee's or applicant’s doctors. Examples of independent medical review may include: evaluating the nature of the disability; assessing the functional limitations; determining the need for the accommodation, including disability parking; or suggesting possible accommodations. The agency is responsible for paying PSC's fees. All medical records obtained under this section must be held by RARC and/or the agency WECO in a manner that complies with the confidentiality provisions stated in Section 205(D) of this Chapter.

  2. Independent Medical Examination
    1. Prior to requesting an independent medical examination, an independent medical review must be obtained by PSC (as described in Section 208(A) of this Chapter). An independent medical examination may be performed by a healthcare provider designated by PSC to assess if an employee is fit for duty. This is an individualized assessment of the employee's present ability to perform the essential functions of the job.
    2. Requests for independent medical examinations must be made through RARC, unless the agency already has a process to obtain independent, periodic medical exams based on pre-defined conditions of employment for the position. (e.g., Mine Inspectors, Safety and Health Specialists, etc.). The employee must complete the Consent for Examination form (Appendix C).
  3. Disability Retirement
    1. In the event the employee submits an application for disability retirement, RARC and/or the agency WECO shall review the employee's file to ascertain whether the reasonable accommodation process occurred consistent with this Chapter:
      1. If the employee has participated in the reasonable accommodation process, including assessment of reassignment, RARC and/or agency WECO shall complete the SF 3112D Agency Certification of Reassignment and Accommodation Efforts (ACRAE) form accordingly.
      2. If the employee has not participated in the reasonable accommodation process, RARC and/or the WECO shall follow the process outlined in this Chapter.
    2. After the employee has signed the Authorization for Limited Release of Medical Information to PSC (Appendix B), RARC will coordinate with PSC for review prior to completing the ACRAE form. If the employee’s disability is deemed to be terminal as reflected in the medical documentation provided, RARC and/or the agency WECO must complete the ACRAE form without further assessment by PSC.

209 Information Tracking and Reporting

  1. Executive Order 13164 requires the tracking of reasonable accommodation requests from employees and applicants. (See also Section 205(B)(5) on the need for regular communication with employees and applicants who have requested accommodations.)
  2. RARC will develop, on behalf of DOL, cumulative reports for each fiscal year. These reports will be submitted to the Deputy Assistant Secretary for Operations by January 31 of the calendar year following the end of each fiscal year. The reports will be kept for a minimum of three (3) years. The Deciding Officials, agency WECOs, and servicing human resources offices may be asked to provide RARC with data from the reasonable accommodation requests they processed.
  3. The annual report will contain the following information, presented in the aggregate:
    1. The number and types of reasonable accommodations that were requested in the application process and whether these requests were granted or denied;
    2. The jobs (occupational series, grade level, and agency component) held by employees or sought by applicants for which reasonable accommodations were requested, the types of reasonable accommodations that were requested, and the number of approvals, alternative effective accommodations, and denials of such requests;
    3. Whether the accommodation was needed to apply for a job, perform the essential functions of a job, or enjoy equal benefits and privileges of employment;
    4. The number and types of requests for reasonable accommodations that related to the benefits or privileges of employment, and whether those requests were granted or denied;
    5. The identity of the Deciding Official for each reasonable accommodation request;
    6. The reasons/basis for denial either in part or in whole of requests for reasonable accommodation; and
    7. The number of days taken to process each request for reasonable accommodation, noting the date of the request; the provision of initial/interim accommodation; the date sufficient medical documentation was received (as appropriate); the date an assessment was completed (as appropriate); and the date the final accommodation was provided or the date of the denial decision.
    8. Per 29 CFR 1614.203(d)(8), DOL is required to keep records that it may use to determine whether it is complying with the nondiscrimination and affirmative action requirements imposed under Section 501 of the Rehabilitation Act, and to make such records available to the EEOC upon its request.

210 Relation of Procedures to Statutory and Collective Bargaining Claims

  1. This Chapter does not limit or supplant statutory, regulatory, or collective bargaining protections for persons with disabilities or medical conditions related to pregnancy, childbirth, or related medical conditions and the remedies those protections provide. The requirements governing the initiation of statutory, regulatory, and collective bargaining claims, including time frames for filing such claims, remain unchanged. For an EEO complaint, employees or applicants must contact an EEO counselor within 45 calendar days from the date of:
    1. The denial letter received from the Deciding Official, or
    2. An alleged discriminatory action or violation of an EEO-related right.
  2. For a collective bargaining claim, employees must file a written grievance in accordance with the provisions of the applicable Collective Bargaining Agreement.
  3. This policy creates no new enforceable rights under Section 501 of the Rehabilitation Act, PWFA, any other law, or a collective bargaining agreement. Executive Order 13164, which requires all Federal agencies to adopt reasonable accommodation procedures, explains in section 5(b) 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.”

211 Authorities(19)

Statutes

Regulations 

Executive Orders 

Guidance

Other 

212 Contact Information

(1) The Americans with Disabilities Act of 1990 (“ADA”), as amended, 42 U.S.C. § 12101 et seq., protects persons with disabilities from discrimination in employment in the private sector and state and local governments. The substantive employment standards of the ADA are applicable to the federal government through the Rehabilitation Act. 29 U.S.C § 794(d) (“[T]he standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990.”); 29 U.S.C. § 791(f).

(2) See 29 C.F.R. § 1614.203(d)(5).

(3) The Equal Employment Opportunity Commission promulgated its final rule implementing the PWFA on April 15, 2024. The text of the final rule is available at Federal Register: Implementation of the Pregnant Workers Fairness Act. The final rule goes into effect on June 18, 2024.

(4) Noting that in some circumstances an employee’s absence, particularly if prolonged, may create an undue hardship.

(5) Workplace Assistant Services (WAS) may be provided as reasonable accommodations to assist employees or applicants perform the essential functions of their positions. Such individuals, e.g., readers or coaches, assist with performing essential functions.

(6) Not technically considered a reasonable accommodation, PAS may be provided to certain employees with targeted disabilities who need assistance with intimate functions of daily living that an individual would typically perform if they did not have a disability (and that, as personal care needs, would not otherwise be required as a reasonable accommodation). PAS must be performed by a personal assistance service provider. These services are available to support work-related travel; to enable the enjoyment of benefits or privileges of employment, including telework; or to otherwise receive required support to facilitate work performance. Click Procedures for Providing Personal Assistance Services for Individuals with Disabilities for information.

(7) Noting that this accommodation differs from those generally available under the Rehabilitation Act/ADA.

(8) Under the PWFA, there are two definitions of “qualified.” First, the PWFA uses language from the ADA: “an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position” is qualified. Second, the PWFA allows an employee or applicant to be “qualified” even if they cannot perform one or more essential functions of the job if the inability to perform the essential function(s) is “temporary,” the worker could perform the essential function(s) “in the near future,” and the inability to perform the essential function(s) can be reasonably accommodated.

The terms “temporary,” “in the near future,” and “can be reasonably accommodated” are not defined in the PWFA. The EEOC’s final rule defines the term “temporary” as lasting for a limited time, not permanent, and may extend beyond “in the near future.” The final rule defines “in the near future” as generally forty weeks. The final rule’s definition in this section does not mean that the essential function(s) must always be suspended for forty weeks, or that if an employee seeks the temporary suspension of an essential function(s) for forty weeks it must be automatically granted. The actual length of the temporary suspension of the essential function(s) will depend upon what the employee requires, and, as with all reasonable accommodations, the temporary suspension must not create an undue hardship for the employer. However, the mere fact that the temporary suspension of one or more essential functions is needed for any time period up to and including generally forty weeks will not, on its own, render a worker unqualified under the PWFA.

The final rule also discusses the meaning of the PWFA’s requirement that the inability to perform the essential function(s) can be reasonably accommodated. For some positions, this may mean that one or more essential functions are temporarily suspended, with or without reassignment to someone else, and the employee continues to perform the remaining functions of the job. For other jobs, some of the essential functions may be temporarily suspended, with or without reassignment to someone else, and the employee may be assigned other tasks to replace them. In yet other situations, one or more essential functions may be temporarily suspended, with or without reassignment to someone else, and the employee may perform the functions of a different job to which the employer temporarily transfers or assigns them, or the employee may participate in the employer’s light or modified duty program. Throughout this process, as with other reasonable accommodation requests, an employer may need to consider more than one alternative to identify a reasonable accommodation that does not pose an undue hardship. See Summary of Key Provisions of EEOC’s Final Rule to Implement the Pregnant Workers Fairness Act (PWFA) | U.S. Equal Employment Opportunity Commission.

(9) An individual who does not have a disability or a record of disability, but is merely regarded as having a disability, is not entitled to accommodation.

(10) Requests for accommodation stemming from what may or may not be a temporary medical condition can be made and shall be processed in accordance with this Chapter. While the conditions for these requests may be for a seemingly shorter term, they may still be considered substantially limiting conditions. Moreover, sometimes conditions that were expected to be temporary extend beyond the time speculated for recovery and may come to be considered disabilities under the law.

(11) The EEOC’s final rule implementing the PWFA explains that the physical or mental condition that is the limitation may be modest, minor, and/or episodic. The physical or mental condition also may be that a worker affected by pregnancy, childbirth, or related medical conditions has a need or problem related to maintaining their health or the health of their pregnancy. The definition of “known limitation” also includes when a worker is seeking health care related to pregnancy, childbirth, or a related medical condition itself. “Pregnancy, childbirth, or related medical conditions” is a phrase used in Title VII (42 U.S.C. § 2000e(k)), and in the EEOC’s final rule it has the same meaning under the PWFA as under Title VII; the final rule also provides a non-exhaustive list of examples of “related medical conditions.” See Federal Register: Implementation of the Pregnant Workers Fairness Act.

(12) In the past, RARC and/or agency WECOs may have closed requests for ”non-pursuit” if/when employees or applicants did not engage in the interactive process in a timely or sufficient manner. Employees may withdraw their requests (or not accept accommodations) but requests may not be closed for non-pursuit. Rather, requests may be denied as discussed further in this Chapter.

(13) 29 CFR 1636.3(I)(4)

(14) Under 29 CFR 1636(l)(2), the following situations are examples of when it is not reasonable under the circumstances to seek supporting documentation:

  1. When the physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation), and the adjustment or change at work needed due to the limitation are obvious and the employee provides self-confirmation as defined in paragraph (l)(4) of this section;
  2. When the employer already has sufficient information to determine whether the employee has a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (a limitation) and needs an adjustment or change at work due to the limitation;
  3. When the employee is pregnant and seeks one of the modifications listed in paragraphs (j)(4)(i) through (iv) of this section due to a physical or mental condition related to, affected by, or arising out of pregnancy (a limitation) and the employee provides self-confirmation as defined in paragraph (l)(4) of this section;
  4. When the reasonable accommodation is related to a time and/or place to pump at work, other modifications related to pumping at work, or a time to nurse during work hours (where the regular location of the employee's workplace makes nursing during work hours a possibility because the child is in close proximity), and the employee provides self-confirmation, as defined in paragraph (l)(4) of this section; or
  5. When the requested accommodation is available to employees without known limitations under the PWFA pursuant to a covered entity's policies or practices without submitting supporting documentation.

(15) While the PWFA does not have a specific confidentiality provision, the EEOC has explained that the ADA’s confidentiality provisions and limits on disclosure of medical information apply to medical information collected by the employer under the PWFA. See 89 Fed. Reg. 29,144 (Apr. 19, 2024) (to be codified at 29 C.F.R. Part 1636).

(16) An unnecessary delay in responding to a request for a reasonable accommodation under the PWFA may result in violation of the law if the delay results in a failure to provide a reasonable accommodation. This can be true even if a reasonable accommodation is eventually provided if the delay was unnecessary.

(17) The Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964, prohibits discrimination on the basis of sex including past, current, or potential pregnancy, childbirth, breastfeeding/lactation, abortion, contraception, and related medical conditions and procedures.

Pregnancy (or related) discrimination involves treating an individual — an applicant or employee — unfavorably in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits (such as leave and health insurance), and any other terms or conditions of employment. The protection from pregnancy discrimination applies to all DOL employees and applicants for DOL employment.

(18) While employees may request and receive certain furniture or other equipment to facilitate remote work or telework, it is unlikely that changes to physical space in a private home or office will be considered reasonable. In order to be eligible to perform telework, employees must certify that they have space in which to safely and effectively perform the essential functions of their positions. See DPR Chapter 611 – Telework, Subchapter 14 (Safety).

(19) The Americans with Disabilities Act Amendments Act (ADAAA) of 2008 was signed into law on September 25, 2008 and became effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," resources dated prior to the enactment of the ADAAA do not include these changes and the outdated portions of those resources have not been relied upon in this Chapter.

Last updated: August 6, 2024