Reasonable Accommodations

A disability accommodation is an adjustment to a job or work environment that makes it possible for an individual with a disability to perform their job duties. There are three categories of disability accommodation:

• Changes to the job application process that enable a qualified applicant with a disability to be considered for the position the applicant desires. For example, providing a sign language interpreter for an interview for an applicant who is hearing impaired.
• Changes to the work environment, or to the way a job is usually done, that enable a qualified individual with a disability to perform the essential function of that position. For example, adjusting a work schedule or telework flexibility to enable a disabled employee to attend medical appointments.
• Changes that enable an employee with a disability to enjoy equal benefits and privileges of employment. For example, making adjustment to training or workshop materials for a visually impaired employee.

The term “qualified,” with respect to an individual with a disability, means that the individual satisfies the requisite skills, experience, education and other job-related requirements of the employment position such individual holds or desires and, with or without reasonable accommodation, can perform the essential functions of such position.

To be eligible for a reasonable accommodation, an individual must either have a physical or mental impairment that substantially limits a major life activity or must have a record (a history) of a physical or mental impairment that substantially limits a major life activity. An individual who is only regarded as having a disability is not entitled to reasonable accommodation. Determination of disability will comply with the requirements of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) which requires a broad interpretation of the term and generally does not require an extensive analysis.

A reasonable religious accommodation is any adjustment to the work environment that will allow an employee to practice their religious beliefs. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons.

For example, an applicant may ask to reschedule an interview that is on a religious holiday, or an employee may request an exception to a “no hats” rule to wear a religious head covering such as a yarmulke or hijab.

Title VII of the Civil Rights Act of 1964 requires employers to reasonably accommodate the religious practice of an employee or prospective employee, unless to do so would cause an undue hardship to the employer. When an employee or applicant needs a dress or grooming accommodation for religious reasons, they should notify the employer that they need such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request.

The PFWA requires covered employers to provide reasonable accommodations to a qualified employee’s or applicant’sknown limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. The PWFA applies only to accommodations while Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) make it illegal to discriminate or harass employees and applicants on the basis of pregnancy, childbirth, or related medical condition.

Employees and applicants can request an accommodation under the PWFA through their supervisory or management chain or their Servicing Human Resources Office (SHRO) with contacts listed under “Requesting a Reasonable Accommodation or Personal Assistance Services” below. Requests will be processed under the Department’s Personnel Bulletin 21-03.

Employees are also covered under the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA).

The FMLA entitles eligible employees to take unpaid job-protected leave for specified family and medical reasons while keeping their health insurance.

The FLSA requires employers to provide reasonable break time for an employee to pump breast milk for a year after childbirth. Employees must have private, non-bathroom places to pump, away from co-workers and the public.

The FMLA and FLSA are enforced by the Department of Labor (DOL). Employees can request services by contacting their supervisor or Human Resources

PAS helps employees with disabilities maintain independence at work by providing non-medical support for daily activities, such as:

• Help with dressing
• Help with eating
• Help using the restroom

These services are different from those that assist with job tasks. Employees needing PAS should follow the procedures in Personnel Bulletins 17-18 and 21-03.

The Bureau and Department offer PAS to employees who, because of targeted disabilities, require such assistance during work hours or in order to participate in work-related travel—unless doing so would pose an undue hardship. The Department’s reasonable accommodation policy is stated in Personnel Bulletin 17-18.

To request a Reasonable Accommodation or Personal Assistance Services, you may contact any of these contacts:

• Your first-line supervisor or manager
• Your Servicing Human Resources Office (SHRO)
• Bureau-specific contact