§ 791. — Employment of individuals with disabilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC791]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER V--RIGHTS AND ADVOCACY
Sec. 791. Employment of individuals with disabilities
(a) Interagency Committee on Employees who are Individuals with
Disabilities; establishment; membership; co-chairmen;
availability of other Committee resources; purpose and functions
There is established within the Federal Government an Interagency
Committee on Employees who are Individuals with Disabilities
(hereinafter in this section referred to as the ``Committee''),
comprised of such members as the President may select, including the
following (or their designees whose positions are Executive Level IV or
higher): the Chairman of the Equal Employment Opportunity Commission
(hereafter in this section referred to as the ``Commission''), the
Director of the Office of Personnel Management, the Secretary of
Veterans Affairs, the Secretary of Labor, the Secretary of Education,
and the Secretary of Health and Human Services. Either the Director of
the Office of Personnel Management and the Chairman of the Commission
shall serve as co-chairpersons of the Committee or the Director or
Chairman shall serve as the sole chairperson of the Committee, as the
Director and Chairman jointly determine, from time to time, to be
appropriate. The resources of the President's Committees on Employment
of People With Disabilities and on Mental Retardation shall be made
fully available to the Committee. It shall be the purpose and function
of the Committee (1) to provide a focus for Federal and other employment
of individuals with disabilities, and to review, on a periodic basis, in
cooperation with the Commission, the adequacy of hiring, placement, and
advancement practices with respect to individuals with disabilities, by
each department, agency, and instrumentality in the executive branch of
Government and the Smithsonian Institution, and to insure that the
special needs of such individuals are being met; and (2) to consult with
the Commission to assist the Commission to carry out its
responsibilities under subsections (b), (c), and (d) of this section. On
the basis of such review and consultation, the Committee shall
periodically make to the Commission such recommendations for legislative
and administrative changes as it deems necessary or desirable. The
Commission shall timely transmit to the appropriate committees of
Congress any such recommendations.
(b) Federal agencies; affirmative action program plans
Each department, agency, and instrumentality (including the United
States Postal Service and the Postal Rate Commission) in the executive
branch and the Smithsonian Institution shall, within one hundred and
eighty days after September 26, 1973, submit to the Commission and to
the Committee an affirmative action program plan for the hiring,
placement, and advancement of individuals with disabilities in such
department, agency, instrumentality, or Institution. Such plan shall
include a description of the extent to which and methods whereby the
special needs of employees who are individuals with disabilities are
being met. Such plan shall be updated annually, and shall be reviewed
annually and approved by the Commission, if the Commission determines,
after consultation with the Committee, that such plan provides
sufficient assurances, procedures and commitments to provide adequate
hiring, placement, and advancement opportunities for individuals with
disabilities.
(c) State agencies; rehabilitated individuals, employment
The Commission, after consultation with the Committee, shall develop
and recommend to the Secretary for referral to the appropriate State
agencies, policies and procedures which will facilitate the hiring,
placement, and advancement in employment of individuals who have
received rehabilitation services under State vocational rehabilitation
programs, veterans' programs, or any other program for individuals with
disabilities, including the promotion of job opportunities for such
individuals. The Secretary shall encourage such State agencies to adopt
and implement such policies and procedures.
(d) Report to Congressional committees
The Commission, after consultation with the Committee, shall, on
June 30, 1974, and at the end of each subsequent fiscal year, make a
complete report to the appropriate committees of the Congress with
respect to the practices of and achievements in hiring, placement, and
advancement of individuals with disabilities by each department, agency,
and instrumentality and the Smithsonian Institution and the
effectiveness of the affirmative action programs required by subsection
(b) of this section, together with recommendations as to legislation
which have been submitted to the Commission under subsection (a) of this
section, or other appropriate action to insure the adequacy of such
practices. Such report shall also include an evaluation by the Committee
of the effectiveness of the activities of the Commission under
subsections (b) and (c) of this section.
(e) Federal work experience without pay; non-Federal status
An individual who, as a part of an individualized plan for
employment under a State plan approved under this chapter, participates
in a program of unpaid work experience in a Federal agency, shall not,
by reason thereof, be considered to be a Federal employee or to be
subject to the provisions of law relating to Federal employment,
including those relating to hours of work, rates of compensation, leave,
unemployment compensation, and Federal employee benefits.
(f) Federal agency cooperation; special consideration for positions on
President's Committee on Employment of People With Disabilities
(1) The Secretary of Labor and the Secretary of Education are
authorized and directed to cooperate with the President's Committee on
Employment of People With Disabilities in carrying out its functions.
(2) In selecting personnel to fill all positions on the President's
Committee on Employment of People With Disabilities, special
consideration shall be given to qualified individuals with disabilities.
(g) Standards used in determining violation of section
The standards used to determine whether this section has been
violated in a complaint alleging nonaffirmative action employment
discrimination under this section shall be the standards applied under
title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.) and the provisions of sections 501 through 504, and 510, of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and
12210), as such sections relate to employment.
(Pub. L. 93-112, title V, Sec. 501, Sept. 26, 1973, 87 Stat. 390; Pub.
L. 98-221, title I, Sec. 104(b)(3), Feb. 22, 1984, 98 Stat. 18; Pub. L.
99-506, title I, Sec. 103(d)(2)(C), title X, Secs. 1001(f)(1),
1002(e)(1), (2)(A), Oct. 21, 1986, 100 Stat. 1810, 1843, 1844; Pub. L.
100-630, title II, Sec. 206(a), Nov. 7, 1988, 102 Stat. 3310; Pub. L.
102-54, Sec. 13(k)(1)(B), June 13, 1991, 105 Stat. 276; Pub. L. 102-569,
title I, Sec. 102(p)(29), title V, Sec. 503, Oct. 29, 1992, 106 Stat.
4360, 4424; Pub. L. 103-73, title I, Sec. 112(a), Aug. 11, 1993, 107
Stat. 727; Pub. L. 105-220, title III, Sec. 341(c), title IV,
Sec. 408(a)(1), Aug. 7, 1998, 112 Stat. 1092, 1202.)
References in Text
Level IV of the Executive Schedule, referred to in subsec. (a), is
set out in section 5315 of Title 5, Government Organization and
Employees.
The Americans with Disabilities Act of 1990, referred to in subsec.
(g), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended. Title
I of the Act is classified generally to subchapter I (Sec. 12111 et
seq.) of chapter 126 of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 12101 of Title 42 and Tables.
Prior Provisions
Prior similar provisions were set out in section 38 of this title.
Amendments
1998--Subsec. (a). Pub. L. 105-220, Sec. 408(a)(1)(A), substituted
``President's Committees on Employment of People With Disabilities'' for
``President's Committees on Employment of the Handicapped'' in third
sentence.
Pub. L. 105-220, Sec. 341(c)(1), inserted ``and the Smithsonian
Institution'' after ``Government'' in fourth sentence.
Subsec. (b). Pub. L. 105-220, Sec. 341(c)(2), in first sentence,
inserted ``and the Smithsonian Institution'' after ``in the executive
branch'' and substituted ``such department, agency, instrumentality, or
Institution'' for ``such department, agency, or instrumentality''.
Subsec. (d). Pub. L. 105-220, Sec. 341(c)(3), inserted ``and the
Smithsonian Institution'' after ``instrumentality''.
Subsec. (e). Pub. L. 105-220, Sec. 408(a)(1)(B), substituted
``individualized plan for employment'' for ``individualized written
rehabilitation program''.
1993--Subsec. (a). Pub. L. 103-73 in first sentence inserted comma
after ``Veterans Affairs''.
1992--Pub. L. 102-569, Sec. 102(p)(29)(A), substituted
``disabilities'' for ``handicaps'' in section catchline.
Subsec. (a). Pub. L. 102-569, Sec. 503(a), substituted ``the
Director of the Office of Personnel Management, the Secretary of
Veterans Affairs'' for ``the Secretary of Veterans Affairs, and'', and
amended second sentence generally. Prior to amendment, second sentence
read as follows: ``The Secretary of Education and the Chairman of the
Commission shall serve as co-chairpersons of the Committee.''
Pub. L. 102-569, Sec. 102(p)(29)(B), (C), substituted ``Interagency
Committee on Employees who are Individuals with Disabilities'' for
``Interagency Committee on Handicapped Employees'' and ``individuals
with disabilities'' for ``individuals with handicaps'' in two places.
Subsec. (b). Pub. L. 102-569, Sec. 102(p)(29)(C), (D), substituted
``individuals with disabilities'' for ``individuals with handicaps''
after ``advancement of'' and after ``opportunities for'' and ``employees
who are individuals with disabilities'' for ``employees with
handicaps''.
Subsecs. (c), (d), (f)(2). Pub. L. 102-569, Sec. 102(p)(29)(C),
substituted ``individuals with disabilities'' for ``individuals with
handicaps''.
Subsec. (g). Pub. L. 102-569, Sec. 503(b), added subsec. (g).
1991--Subsec. (a). Pub. L. 102-54 substituted ``Secretary of
Veterans Affairs'' for ``Administrator of Veterans' Affairs''.
1988--Subsec. (a). Pub. L. 100-630, Sec. 206(a)(3)(C), which
directed substitution of ``Employment of People With Disabilities'' for
``Employment of the Handicapped'' in second sentence, could not be
executed because the words did not appear in second sentence.
Pub. L. 100-630, Sec. 206(a)(1)-(3)(B), (4), inserted ``(hereafter
in this section referred to as the `Commission')'' after first reference
to ``Equal Employment Opportunity Commission'' and substituted
``Commission'' for ``Equal Opportunity Employment Commission'' wherever
appearing, ``Secretary of Labor, the Secretary of Education, and the
Secretary of Health and Human Services'' for ``Secretaries of Labor and
Education and Health and Human Services'' in first sentence, ``co-
chairpersons'' for ``co-chairmen'' in second sentence, and
``Commission'' for ``Office'' in cl. (2).
Subsec. (b). Pub. L. 100-630, Sec. 206(a)(2), (5), substituted
``submit to the Commission'' for ``submit to the Equal Employment
Opportunity Commission'', ``employees with handicaps'' for ``handicapped
employees'', and ``Commission, if the Commission determines'' for
``Office, if the Office determines''.
Subsecs. (c), (d). Pub. L. 100-630, Sec. 206(a)(2), substituted
``Commission'' for ``Equal Opportunity Employment Commission'' wherever
appearing.
Subsec. (e). Pub. L. 100-630, Sec. 206(a)(6), substituted ``an
individualized'' for ``a individualized''.
Subsec. (f)(1), (2). Pub. L. 100-630, Sec. 206(a)(7), substituted
``Employment of People With Disabilities'' for ``Employment of the
Handicapped''.
1986--Pub. L. 99-506, Sec. 103(d)(2)(C), substituted ``individuals
with handicaps'' for ``handicapped individuals'' in section catchline.
Subsecs. (a) to (c). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1),
substituted ``Equal Employment Opportunity Commission'' for ``Office of
Personnel Management'' and ``individuals with handicaps'' for
``handicapped individuals'' wherever appearing.
Subsec. (d). Pub. L. 99-506, Secs. 103(d)(2)(C), 1002(e)(1), (2)(A),
substituted ``Equal Employment Opportunity Commission'' for ``Office of
Personnel Management'' wherever appearing, ``individuals with
handicaps'' for ``handicapped individuals'', and ``of the activities''
for ``of the the activities''.
Subsec. (e). Pub. L. 99-506, Sec. 1001(f)(1), substituted ``a
individualized'' for ``his individualized''.
Subsec. (f)(2). Pub. L. 99-506, Sec. 103(d)(2)(C), substituted
``individuals with handicaps'' for ``handicapped individuals''.
1984--Subsec. (a). Pub. L. 98-221, Sec. 104(b)(3)(A)-(D),
substituted ``the Chairman of the Office of Personnel Management'' and
``Education and Health and Human Services'' for ``the Chairman of the
Civil Service Commission'' and ``Health, Education, and Welfare'',
respectively, in first sentence, ``Secretary of Education and the
Chairman of the Office of Personnel Management'' for ``Secretary of
Health, Education, and Welfare and the Chairman of the Civil Service
Commission'' in second sentence, ``Office of Personnel Management'' for
``Civil Service Commission'' in four places, and ``Office'' for
``Commission''.
Subsec. (b). Pub. L. 98-221, Sec. 104(b)(3)(C), (D), substituted
``Office of Personnel Management'' for ``Civil Service Commission'' and
substituted ``Office'' for ``Commission'' in two places.
Subsec. (c). Pub. L. 98-221, Sec. 104(b)(3)(C), substituted ``Office
of Personnel Management'' for ``Civil Service Commission''.
Subsec. (d). Pub. L. 98-221, Sec. 104(b)(3)(C), (E), substituted
``Office of Personnel Management'' for ``Civil Service Commission'' in
two places and ``the activities of the Office of Personnel Management''
for ``Civil Service Commission's activities''.
Subsec. (f)(1). Pub. L. 98-221, Sec. 104(b)(3)(F), substituted
``Secretary of Education'' for ``Secretary of Health, Education, and
Welfare''.
Effective Date of 1998 Amendment
Amendment by section 341(c) of Pub. L. 105-220 effective Aug. 7,
1998, and applicable to and may be raised in any administrative or
judicial claim or action brought before Aug. 7, 1998, but pending on
such date, and any administrative or judicial claim or action brought
after such date regardless of whether the claim or action arose prior to
such date, if the claim or action was brought within the applicable
statute of limitations, see section 341(d) of Pub. L. 105-220, set out
as a note under section 633a of this title.
Effective Date of 1992 Amendment
Pub. L. 102-569, title I, Sec. 138, Oct. 29, 1992, 106 Stat. 4397,
as amended by Pub. L. 103-73, title I, Sec. 102(3), Aug. 11, 1993, 107
Stat. 718, provided that:
``(a) Effective Date.--Except as provided in subsection (b), this
title [enacting sections 718 to 718b, 725 to 728a, and 740 to 744 of
this title, amending this section and sections 701, 705 to 707, 709, 711
to 715, 717, 720 to 724, 730 to 732, 740, 741, 750, 761a to 762, 770,
772 to 776, 777a, 777b, 777d to 777f, 780, 781, 783, 792 to 794, 795,
795d, 795e, and 795h of this title, repealing section 752 of this title,
enacting provisions set out as notes under section 712 of this title,
and amending provisions set out as a note under section 701 of this
title] and the amendments made by this title shall take effect on the
date of enactment of this Act [Oct. 29, 1992].
``(b) Compliance.--Each State agency subject to the provisions of
title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.] shall
comply with the amendments made by this subtitle [subtitle B (Secs. 121-
138) of title I of Pub. L. 102-569, enacting sections 725 to 728a and
740 to 744 of this title, amending sections 705, 720 to 724, and 730 to
732 of this title, and repealing section 752 of this title], as soon as
is practicable after the date of enactment of this Act [Oct. 29, 1992],
consistent with the effective and efficient administration of the
Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], but not later than
October 1, 1993.''
Effective Date of 1986 Amendment
Pub. L. 99-506, title X, Sec. 1006, Oct. 21, 1986, 100 Stat. 1846,
provided that: ``Except as otherwise provided in this Act [see Short
Title of 1986 Amendment note set out under section 701 of this title],
this Act shall take effect on the date of its enactment [Oct. 21,
1986].''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which
reports required under subsecs. (a) and (d) of this section are listed
on page 188), see section 3003 of Pub. L. 104-66, as amended, set out as
a note under section 1113 of Title 31, Money and Finance.
Executive Order No. 10640
Ex. Ord. No. 10640, Oct. 10, 1955, 20 F.R. 7717, formerly set out as
a note under section 39 of this title, which related to President's
Committee on Employment of the Physically Handicapped, was superseded by
section 6(a) of Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, which
established President's Committee on Employment of the Handicapped.
Executive Order No. 10994
Ex. Ord. No. 10994, Feb. 14, 1962, 27 F.R. 1447, as amended by Ex.
Ord. No. 11018, Apr. 27, 1962, 27 F.R. 4143, which established the
President's Committee on Employment of the Handicapped, was superseded
by Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, formerly set out
below.
Executive Order No. 11480
Ex. Ord. No. 11480, Sept. 9, 1969, 34 F.R. 14273, as amended by Ex.
Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617, which established and provided for the functions
of the President's Committee on Employment of the Handicapped, was
superseded by Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, formerly
set out below.
Ex. Ord. No. 11830. Enlarging Membership of Interagency Committee on
Handicapped Employees
Ex. Ord. No. 11830, Jan. 9, 1975, 40 F.R. 2411, as amended by Ex.
Ord. No. 12106, Dec. 26, 1978, 44 F.R. 1053; Ex. Ord. No. 12450, Dec. 9,
1983, 48 F.R. 55409; Ex. Ord. No. 12672, Mar. 21, 1989, 54 F.R. 12167;
Ex. Ord. No. 12704, Sec. 1, Feb. 26, 1990, 55 F.R. 6969, provided:
By virtue of the authority vested in me by section 501(a) of the
Rehabilitation Act of 1973 (Public Law 93-112; 87 Stat. 390) [subsec.
(a) of this section], it is hereby ordered as follows:
Section 1. In accord with Section 501 of the Rehabilitation Act of
1973 (29 U.S.C. 791) and Section 4 of Reorganization Plan No. 1 of 1978
(43 FR 19808) [set out in the Appendix to Title 5, Government
Organization and Employees], the Interagency Committee on Handicapped
Employees is enlarged and composed of the following, or their designees
whose positions are Executive level IV or higher:
(1) Secretary of Defense.
(2) Secretary of Labor.
(3) Secretary of Education, Co-Chairman.
(4) Director of the Office of Personnel Management.
(5) Administrator of Veterans Affairs.
(6) Administrator of General Services.
(7) Chairman of the Federal Communications Commission.
(8) Chairman of the Equal Employment Opportunity Commission, Co-
Chairman.
(9) Secretary of Health and Human Services.
(10) Postmaster General of the United States Postal Service.
(11) Chairman of the President's Committee on Employment of People
with Disabilities (Ex Officio).
(12) Such other members as the President may designate.
Sec. 2. The Interagency Committee on Handicapped Employees shall
also be referred to as the Interagency Committee on Employment of People
with Disabilities.
Executive Order No. 12640
Ex. Ord. No. 12640, May 10, 1988, 53 F.R. 16996, as amended by Ex.
Ord. No. 12945, Jan. 20, 1995, 60 F.R. 4527, which established the
President's Committee on Employment of People with Disabilities, the
Executive Committee of the President's Committee on Employment of People
with Disabilities, and the Advisory Council on Employment of People with
Disabilities, and provided for the membership, functions, and
administration of those bodies, and superseded Ex. Ord. No. 11480, was
revoked by Ex. Ord. No. 13187, Sec. 4(a), Jan. 10, 2001, 66 F.R. 3858,
set out as a note under section 701 of this title.
Ex. Ord. No. 13163. Increasing the Opportunity for Individuals With
Disabilities To Be Employed in the Federal Government
Ex. Ord. No. 13163, July 26, 2000, 65 F.R. 46563, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to promote an
increase in the opportunities for individuals with disabilities to be
employed at all levels and occupations of the Federal Government, and to
support the goals articulated in section 501 of the Rehabilitation Act
of 1973 (29 U.S.C. 791), it is hereby ordered as follows:
Section 1. Increasing the Federal Employment Opportunities for
Individuals with Disabilities. (a) Recent evidence demonstrates that,
throughout the United States, qualified persons with disabilities have
been refused employment despite their availability and qualifications,
and many qualified persons with disabilities are never made aware of
available employment opportunities. Evidence also suggests that
increased efforts at outreach, and increased understanding of the
reasonable accommodations available for persons with disabilities, will
permit persons with disabilities to compete for employment on a more
level playing field.
(b) Based on current hiring patterns and anticipated increases from
expanded outreach efforts and appropriate accommodations, the Federal
Government, over the next 5 years, will be able to hire 100,000
qualified individuals with disabilities. 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.
(c) As a model employer, the Federal Government will take the lead
in educating the public about employment opportunities available for
individuals with disabilities.
(d) This order does not require agencies to create new positions or
to change existing qualification standards for any position.
Sec. 2. Implementation. Each Federal agency shall prepare a plan to
increase the opportunities for individuals with disabilities to be
employed in the agency. Each agency shall submit that plan to the Office
of Personnel Management within 60 days from the date of this order.
Sec. 3. Authority to Develop Guidance. The Office of Personnel
Management shall develop guidance on the provisions of this order to
increase the opportunities for individuals with disabilities employed in
the Federal Government.
Sec. 4. Judicial Review. 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.
William J. Clinton.
Ex. Ord. No. 13164. Requiring Federal Agencies To Establish Procedures
To Facilitate the Provision of Reasonable Accommodation
Ex. Ord. No. 13164, July 26, 2000, 65 F.R. 46565, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Rehabilitation
Act of 1973 (29 U.S.C. 701 et seq.), as amended, and in order to promote
a model Federal workplace that provides reasonable accommodation for (1)
individuals with disabilities in the application process for Federal
employment; (2) Federal employees with disabilities to perform the
essential functions of a position; and (3) Federal employees with
disabilities to enjoy benefits and privileges of employment equal to
those enjoyed by employees without disabilities, it is hereby ordered as
follows:
Section 1. Establishment of Effective Written Procedures to
Facilitate the Provision of Reasonable Accommodation. (a) Each Federal
agency shall establish effective written procedures for processing
requests for reasonable accommodation by employees and applicants with
disabilities. The written procedures may allow different components of
an agency to tailor their procedures as necessary to ensure the
expeditious processing of requests.
(b) As set forth in Re-charting the Course: The First Report of the
Presidential Task Force on Employment of Adults with Disabilities
(1998), effective written procedures for processing requests for
reasonable accommodation should include the following:
(1) Explain that an employee or job applicant may initiate a
request for reasonable accommodation orally or in writing. If the
agency requires an applicant or employee to complete a reasonable
accommodation request form for recordkeeping purposes, the form must
be provided as an attachment to the agency's written procedures;
(2) Explain how the agency will process a request for reasonable
accommodation, and from whom the individual will receive a final
decision;
(3) Designate a time period during which reasonable
accommodation requests will be granted or denied, absent extenuating
circumstances. Time limits for decision making should be as short as
reasonably possible;
(4) Explain the responsibility of the employee or applicant to
provide appropriate medical information related to the functional
impairment at issue and the requested accommodation where the
disability and/or need for accommodation is not obvious;
(5) Explain the agency's right to request relevant supplemental
medical information if the information submitted does not clearly
explain the nature of the disability, or the need for the reasonable
accommodation, or does not otherwise clarify how the requested
accommodation will assist the employee to perform the essential
functions of the job or to enjoy the benefits and privileges of the
workplace;
(6) Explain the agency's right to have medical information
reviewed by a medical expert of the agency's choosing at the
agency's expense;
(7) Provide that reassignment will be considered as a reasonable
accommodation if the agency determines that no other reasonable
accommodation will permit the employee with a disability to perform
the essential functions of his or her current position;
(8) Provide that reasonable accommodation denials be in writing
and specify the reasons for denial;
(9) Ensure that agencies' systems of recordkeeping track the
processing of requests for reasonable accommodation and maintain the
confidentiality of medical information received in accordance with
applicable law and regulations; and
(10) Encourage the use of informal dispute resolution processes
to allow individuals with disabilities to obtain prompt
reconsideration of denials of reasonable accommodation. Agencies
must also inform individuals with disabilities that they have the
right to file complaints in the Equal Employment Opportunity process
and other statutory processes, as appropriate, if their requests for
reasonable accommodation are denied.
Sec. 2. Submission of Agency Reasonable Accommodation Procedures to
the Equal Employment Opportunity Commission (EEOC). Within 1 year from
the date of this order, each agency shall submit its procedures to the
EEOC. Each agency shall also submit to the EEOC any modifications to its
reasonable accommodation procedures at the time that those modifications
are adopted.
Sec. 3. Collective Bargaining Obligations. In adopting their
reasonable accommodation procedures, agencies must honor their
obligations to notify their collective bargaining representatives and
bargain over such procedures to the extent required by law.
Sec. 4. Implementation. The EEOC shall issue guidance for the
implementation of this order within 90 days from the date of this order.
Sec. 5. Construction and Judicial Review. (a) Nothing in this order
limits the rights that individuals with disabilities may have under the
Rehabilitation Act of 1973, as amended.
(b) 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.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in sections 705, 794a, 794d of this
title; title 2 section 1311; title 3 sections 411, 421; title 5 sections
2302, 3102, 7702; title 22 sections 3905, 4131; title 38 section 4214;
title 42 sections 1981a, 2000e-16b.
