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 (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 C.F.R. 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, except for the employees in the following independent office within GSA:

 

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 (Inspector General is authorized “to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General”) and GSA Order ADM P 5450.39D GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1 (“the Inspector General has independent authority to formulate policies and make determinations concerning human capital issues within the [OIG]” and GSA determinations/delegations do not limit that authority). Similarly, GSA specifically recognizes that the Inspector General (IG) has independent authority to formulate policies on providing reasonable accommodation for its employees.

Cancellation

This Order cancels and supersedes GSA Order HRM 2300.1 CHGE 3, Policy and Procedures for Providing Reasonable Accommodation for Individuals with Disabilities, dated December 14, 2021.

Summary of Changes

1. Adds references to an accommodation based on an applicant’s or employee’s sincerely held religious beliefs, observances, or practices.
2. Updates job titles and division names to reflect changes to the Office of Human Resources Management’s organizational structure.
3. A reference to the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) were added to Chapter 1, Section 2.
4. Chapter 1, Section 3.b. was updated to specify that the second level supervisor may serve as the Decision Maker when appropriate and will no longer require designation from the Office of Human Resources Management.
5. Chapter 2, Section 4.c. was updated to reflect the current process for funding reasonable accommodations.
6. Chapter 2, Section 7 was updated to include a specific timeframe to provide medical documentation.
7. Appendices A and C were updated to include the most recent versions of the reasonable accommodation forms.
8. Appendix B was updated to include the new form for accommodation requests related to religious beliefs, observances, or practices.