Policy and Procedures for Providing Reasonable Accommodation

Purpose: 

This policy updates the General Services Administration’s (GSA) procedures on providing reasonable accommodations to employees and job applicants with disabilities or based on sincerely held religious beliefs or practices.

Background: 

Title VII of the Civil Rights of 1964 (July 2, 1964) prohibits treating an applicant or employee unfavorably because of their religious beliefs. Executive Order 13164: Requiring Federal Agencies To Establish Procedures To Facilitate the Provision of Reasonable Accommodation (July 26, 2000) requires Federal agencies to establish effective written procedures for processing requests for reasonable accommodation by employees and applicants with disabilities. Section 501 of the Rehabilitation Act of 1973, as amended, requires each Federal agency to reasonably accommodate the known disabilities of qualified individuals with disabilities, unless doing so would cause undue hardship on the agency. On September 25, 2008, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) amended the Americans with Disabilities Act (ADA) of 1990. These amendments became effective on January 1, 2009. The Equal Employment Opportunity Commission (EEOC) final regulations to implement the ADAAA were published in the Federal Register, 76 Fed. Reg. 16977, on March 25, 2011, and are codified at 29 CFR, Part 1630. The Pregnant Workers Fairness Act (June 27, 2023) prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions.

Applicability: 

This Order applies to all GSA employees and applicants for employment with disabilities requiring reasonable accommodation, or those who require accommodation based on sincerely held religious beliefs or practices. The following are exceptions:

1. The Office of Inspector General. The Office of Inspector General (OIG) has independent personnel authority. See Section 6 of the Inspector General Act of 1978, (5 U.S.C. App. 3), as amended, and GSA Order ADM P 5450.39D GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1. Thus, GSA recognizes that the Inspector General (IG) has independent authority to formulate policies on providing reasonable accommodation for its employees.

Cancellation: 

This Order supersedes HRM 2300.1A, Policy and Procedures for Providing Reasonable Accommodation, dated October 10, 2024.

Summary of Changes: 

1. Removes references to collective bargaining and union grievances in accordance with Executive Order 14251, Exclusions from Federal-Labor Management Relations Programs.
2. Incorporates feedback from the Equal Employment Opportunity Commission (EEOC) regarding EEOC Final Rule: Affirmative Action for Individuals with Disabilities in Federal Employment, Rehabilitation Act (29 CFR, Part 1614.203).
3. Adds language for re-evaluating accommodations.
4. Removes the administrative grievance procedure as an avenue for redress of a reconsideration decision.

Roles and Responsibilities:

1. The Office of Human Resources Management (OHRM) ensures compliance with governing laws and regulations, Executive Orders, and agency policies related to the provision of reasonable accommodation. 
2. The Office of the General Counsel (OGC) provides advice and guidance to management and OHRM concerning reasonable accommodation requests and reviews accommodations for legal sufficiency as needed.