Each agency shall submit that plan to the Office of Personnel Management within 60 days from the date of this order. Thus, the agency's recordkeeping systems must contain safeguards to ensure that those restrictions are fully observed. Start Printed Page 46564 Sec. Questions And Answers: Policy Guidance On Executive Order 13164: Establishing Procedures To Facilitate The Provision Of Reasonable Accommodation The U. In furtherance of such efforts, Federal agencies shall: 1 Use available hiring authorities, consistent with statutes, regulations, and prior Executive orders and Presidential Memoranda; 2 Expand their outreach efforts, using both traditional and nontraditional methods; and 3 Increase their efforts to accommodate individuals with disabilities. In the event redisclosure by the recipient agency is required by compulsory legal process, the recipient agency shall consult with the investigating agency.
How should agencies use their tracking information? That document is attached to this memorandum. Agencies can use this tracking information to evaluate whether and where they need to improve their handling of reasonable accommodation requests. The Order applies to executive branch agencies and their employees and applicants for employment. To assist Federal agencies in carrying out these responsibilities, the U. The Executive Agents shall establish in Federal investigative standards the elements of the level of investigation necessary for vetting for fitness. May an agency require that a request for reasonable accommodation be made at a certain time? Why are reasonable accommodation procedures important? As of the date of issuance of this Guidance, the Commission is considering the comments received on the proposed rule and is proceeding with the rulemaking process. The Executive Order also required each agency to develop an agency-specific plan for promoting employment opportunities for individuals with disabilities.
Each federal agency will then be required to develop a specific employment plan for individuals with disabilities, which must approved by the the Director of the Office of Personnel Management and the Director of the Office of Management and Budget. Each Federal agency shall prepare a plan to increase the opportunities for individuals with disabilities to be employed in the agency. The directive was signed by President Bill Clinton in July 2000, but even ten years later, individuals with targeted disabilities still represent less than 1 percent of the federal workforce. Hiring There are two types of. In 2000, President Clinton issued to prompt the addition of 100,000 employees with disabilities to the federal workforce within five years. When may an agency request medical information in connection with a request for reasonable accommodation? Relationship of the Order and the Rehabilitation Act This Order does not create any new rights for Executive branch applicants or employees; nor does it limit an individual's rights under the Rehabilitation Act. Here are some suggestions that relate specifically to reasonable accommodation issues.
Where an agency has denied a specific requested reasonable accommodation but offered to make a different one in its place, the agency's notice should explain both the reasons for the denial of the requested accommodation and the reasons that it believes that the chosen accommodation will be effective. Federal Agencies As the Nation's largest employer, the Federal Government has a special responsibility to lead by example in including people with disabilities in the workforce. Additionally, agency procedures must permit flexibility in the processing of requests and assure that agency officials act expeditiously in providing reasonable accommodations. Focus on Student Programs Agencies should also look to students as a viable source of qualified people with disabilities. The President also directed agencies to make the Federal Government the model employer of people with disabilities.
Components Of Agency Reasonable Accommodation Procedures A. Retention is essential to making the investment of identifying and hiring people pay off. This order is 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, its agencies, its officers, its employees, or any person. Vision Vision Impairments 21- Blind inability to read ordinary size print, not correctable by glasses, or no usable vision, beyond light perception 23- Inability to read ordinary size print, not correctable by glasses Can read oversized print or use assisting devices such as glass or projector modifier. Leaders should also promote the formation of an employee affinity group for employees with disabilities. It then addresses each of the requirements of the Order. An agency is entitled to know that an employee or applicant has a covered disability that requires a reasonable accommodation.
Furthermore, agencies are free to tailor any procedures they use to the needs of their own workplaces. The Executive Order does not create new rights for Executive branch employees or applicants. This document constitutes that guidance. The Order does not, however, impose any specific recordkeeping requirements. This page provides resources related to the Executive Order, to help with understanding and implementation. Printed version: Publication Date: Agency: Document Type: Presidential Document Presidential Document Type: Executive Order E. Architectural Barriers Act of 1968, 42 U.
Executive departments and agencies agencies must improve their efforts to employ workers with disabilities through increased recruitment, hiring, and retention of these individuals. This policy guidance explains the requirements of Executive Order 13164, which requires federal agencies to establish effective written procedures for processing requests for reasonable accommodation. However, all procedures must comply with the requirements of the Order and the standards set forth in this Guidance. Are individual medical records subject to the confidentiality restrictions of the Rehabilitation Act? They must also explain relevant terms e. Retention is essential to making the investment you are making to identify and hire qualified people with disabilities pay off. David asks his supervisor whether the meetings can be changed to the morning so that he can attend them when he does not feel tired.
Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under. The information may be disclosed to those involved in determining whether to grant the reasonable accommodation. A family member, health professional, or other representative may request a reasonable accommodation on behalf of an individual with a disability. These strategies are intended to get you started on that path. Richard asks his supervisor for a laptop computer to use in these meetings.
The Rehabilitation Act requires that individuals be given substantial leeway in the ways in which they can make requests for reasonable accommodation. If a person with a disability needs a reasonable accommodation in order to do, or to apply for, his or her job, it is essential that federal agencies handle the request in a prompt, fair, and efficient manner. Reasonable accommodation is a change in the work environment or in the application process that would enable a person with a disability to enjoy equal employment opportunities. Are there steps an agency can take prior to receiving a request for reasonable accommodation that will avoid unnecessary delays in responding if a request is made? Agency procedures should identify the agency personnel who are responsible for conducting the search and require these individuals to consult with the affected employee as necessary to determine whether there are limits on the search the employee would like the agency to conduct; whether the employee is qualified for a particular job; or whether the employee would need a reasonable accommodation to perform the essential functions of a new position. Increasing the Federal Employment Opportunities for Individuals with Disabilities. The agency decision maker discusses Roger's request with him and proposes that Roger simply shift his schedule to work two hours longer in the evenings. The Federal Government has an important interest in reducing discrimination against Americans living with a disability, in eliminating the stigma associated with disability, and in encouraging Americans with disabilities to seek employment in the Federal workforce.