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Disabilities – ADA [Americans with Disabilities Act] Event Executive Action Comments
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Disabilities – ADA [Americans with Disabilities Act] Event Executive Action Comments
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FOIA Number: 2007-0143-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Domestic Policy Council
Series/Staff Member:
Eric Gould
Subseries:
OA/ID Number:
17800
FolderID:
Folder Title:
Disabilities - ADA [Americans with Disabilities Act] Event Executive Action Comments
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97
4
5
3
001
07/19/00 10:31
U.S. DEPARTMENT OF JUSTICE
OFFICE OF LEGAL COUNSEL
WASHINGTON, D.C. 20530
FACSIMILE TRANSMISSION SHEET
DATE:
JULY 19, 2000
FROM:
HROS ROSEMARY HART
OFFICE PHONE:
202/514-2027
SENIOR COUNSEL
To:
MAC REED
OFFICE OF MANAGEMENT AND BUDGET
FAX: 395-7294
MICHELLE ARONOWITZ
OFFICE OF THE COUNSEL TO THE PRESIDENT
FAX:
NUMBER OF PAGES: 3 (PLUS COVER SHEET)
Mac and Michelle: Comments on EO concerning employment opportunities for individuals
with disabilities. As we have mentioned to you already, we believe that there is a
constitutional problem with the President mandating the hiring of 100,000 individuals with
disabilities. We believe that the redrafted language, although it still poses litigation risks, is
legally defensible.
Mac- we'll send comments on the
other ED and the two memoranda
later this morning.
R.
002
07/19/00
10:31
Sextlon 1
Section 1. Increasing the Number of Hires of Qualified
Persons 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 disabi lities to compete for employment on a
more level playing field Based on current hiring patterns and
anticipated increases from expanded outreach efforts and
appropriate accommodations, the Federal Government over the next
five years, will be able to hire 100,000 qualified individuals
with disabilities In furtherance of such efforts, federal
agencies shall:
3
Sections 2
003
07/19/00 10:32
WHOMB GENERAL COUNSEL
202 395 7294 P.06/16
DRAFT
7-18-2000
Executive Order
11:00am
OPPORTUNITY FOR
INCREASING THENUMBER OFJINDIVIDUALS WITH
DISABILITIES, EMPLOYED IN THE FEDERAL GOVERNMENT
TO BE
By the authority vested in me as President by the Constitution and the laws of the United
opportunities for qualified
States of America, and in order to promote an increase in the
individuals
with
disabilities employed at all levels and occupations of the Federal Government, and to support the
goals articulated in $ 501 of the Rehabilitation Act of 1973 as amended, it is hereby ordered as
follows:
Federal employment: Opportunities for
See insertA,
attached.
Section 1. Increase the Number of Hires of Individuals with Disabilities.
(a) The Federal Government shall hire 100,000 qualified individuals with disabilities
OVCT 5 years into the full range of levels and occupations of the Federal Government To achieve
this goal, all Federal egencies shall:
(1) use available hiring authorities, consistent with statute, regulation, and prior
Executive Orders and Presidential Memoranda;
(2) expand their outreach efforts, using both traditional and non-traditional
methods; and
(3) increase their efforts to accommodate individuals with disabilities.
(b) As a model employer, the Federal Government will take the lead in educating the
public about employment opportunities available for individuals with disabilities.
l.c.
(c) This Order does not require agencies to create new positions or to change existing
qualification standards for any position.
Sec. 2. Implementation.
004
07/19/00 10:32
JUL-18-2000 11:00
wa/UNB GENERAL COUNSEL
202 355 1294 Γ.07/16
for
Each Federal agency shall prepare a plan to increase the mamber of individuals with
disabilities (tobe) employed in the agency. Each agency shall submit that plan to OPM within 60 days
from the date of this Order.
Sec. 3. Authority to Develop Guidance.
The Office of Personnel Management shall be authorized to develop guidance on the
provisions of this Order to increase the number of individuals with disabilities tobe employed in the
for
Federal Government.
Sec. 4. Judicial Review.
This Order is intended only to improve the internal management of the executive branch
L.C.
and is not intended to, nor does it 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.
THE WHITE HOUSE,
2
001
07/19/00 17:44
U.S. DEPARTMENT OF JUSTICE
OFFICE OF LEGAL COUNSEL
WASHINGTON, D.C. 20530
FACSIMILE TRANSMISSION SHEET
DATE:
JULY 19, 2000
FROM:
RH
ROSEMARY HART
OFFICE PHONE:
202/514-2027
SENIOR COUNSEL
To:
MAC REED
OFFICE OF MANAGEMENT AND BUDGET
FAX: 395-7294
MICHELLE ARONOWITZ
OFFICE OF THE COUNSEL TO THE PRESIDENT
FAX: 456-2256
NUMBER OF PAGES: 8 (PLUS COVER SHEET)
Mac and Michelle: Comments on "Reasonable Accommodation" EO and the two memoranda
concerning individuals with disabilities.
ANY QUESTIONS, PLEASE CONTACT OUR ADMINISTRATIVE OFFICE ON 514-2067
OFFICE OF LEGAL COUNSEL FACSIMILE MACHINE NUMBER - 514-0563
002
07/19/00 17:44
JUL-18-2000 11:00
WHOME GENERAL COUNSEL
202 395 7294 F.08/16
DRAFT
7-18-2000
Executive Order
1::00 a.m
REQUIRING FEDERAL AGENCIES TO ESTABLISH PROCEDURES
TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION
By the authority invested in me as President by the Constitution and the laws of the
United States of America, and in order to promote a model Federal workplace that grants (1)
reasonable accommodations for individuals with disabilities in the application process for
Federal employment; (2) reasonable accommodations that enable Federal employees with
disabilities to perform the essential functions of a position; and (3) reasonable accommodations
that enable Federal employees with disabilities to enjoy equal benefits and privileges of
employment as are enjoyed by employees without disabilities, as required by the Rehabilitation
Act of 1973, as amended, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures for to Facilitate the Provision
of Reasonable Accommodation.
(a) Each Federal agency shall establish effective written procedures for processing
requests for reasonable accommodation. The procedures are applicable to all employees with
disabilities within the agency who request a reasonable accommodation. The agency may, in its
discretion, establish different procedures for different components of rthe its agency.
(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 how an employee or job applicant initiates a request for reasonable
an provide any required
accommodation, If the agency requires an applicant or employee to complete a
I
003
07/19/00 17:44
JUL-18-2020 11:51
WH/OMB GENERAL COUNSEL
202 395 7294 P.05/16
I
reasonable accommodation request formothe form must be provided as an attachment to
the agency's written procedures,
2 Specify to whom the request must be submitted 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;
(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;
(s) Explain the agency's right to request relevant supplemental medical
information if the information submitted does not clearly explain the nature of the
disability: the need and for (or?) 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;
(1) Provide that reassignment will be considered as a reasonable accommodation if
the agency determines that no other reasonable accommodation will permit the employee and
with a disability to perform the essential functions of his or her current position, K the
case of reassignment to a lower graded position, give the agency has 2 the option of providing
pay retention because the action is not for personal cause;
(8)
&
Provide that reasonable accommodation denials should be in writing and
specify the reasons for denial;
2
004
07/19/00 17:45
JUL-18-2000 11:51
WH/ OMB GENERAL COUNSEL
202 395 7294 P.10/16
(9)
Insure that systems of record keeping track the processing of requests for
reasonable accommodation and maintain the confidentiality of medical information
received in accordance with applicable law and regulation.
(10) State that employees have the right to file a complaint in the event that their
Equal Employment
requests for reasonable accommodation are denied.
opportunity Commission
Sec. 2. Submission of agency reasonable accommodation procedures to the EEOC (EEOC)
Within one year, each agency shall submit its procedures to the EEOC for comment.
Each agency shall further 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 representative(s) and bargain over such
procedures to the extent required by law.
Sec. Judicial Review.
This order is intended only to improve the internal management of the executive branch
and is not intended to, ner and does is create any right or benefit, substantive or procedural,
not
enforceable at law or equity by a party against the United States, its agencies, its officers, its
employees, or any person.
4
Sec.
President's &. Implementation. National?
The Presidential Task Force on the Employment of Adults with Disabilities shall be
^
responsible for developing and implementing guidance to effectuate the provisions of this order.
3
07/19/00 17:45
5
005
JUL-16-2008 11:02
WILLING GENERAL COUNSEL
202 555 7294
F.11/16
THE WHITE HOUSE,
4
07/19/00
17:45
006
JUL-12-2000 11:00
GENERAL COUNSEL
202
7234
P.12/16
DRAFT
7-18-2000
11:00 c.m.
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT:
Employing People with Significant Disabilities to Fill Federal Agency Jobs That
Can Be Performed at Alternate Work Sites, Including the Home
Cutting edge telecommunications technology has recently made it possible for customer
service "call/contact" centers to transmit voice and data to employees who are located at work
(?)
sites other than the call/contact centers, employers' headquarters, or other centralized locations.
Individuals employed as customer service representatives can work from their homes or any
enables
other accessible off-site location just as if they were working in the call /contact centers
themselves. Technology also (allows other types of work activities, such as the processing of
insurance claims and financial transactions, to be carried out from such alternate work stations.
Because of this technology, many of these customer service center and other work activities may
operate more efficiently at off-site work stations.
how
The unemployment rate of individuals with significant disabilities is among the highest of
disadvantaged groups in the nation. These individuals are an important untapped resource of
talent and skills, and 3 key element in the capacity to sustain our historic economic growth. The
increasing use of off-site work stations to carry out significant and competitive work activities
provides a critical new source of employment opportunities for individuals with significant
disabilities.
It is in the interest of the Federal government to utilize the skills of people with
u.c.
significant disabilities by recruiting them for appropriate off-site, home-based employment
opportunities with Federal agencies, including employment as home-based customer service
representatives linked to Federal customer service call /contact centers.
To hamess the power of new technologies to promote Federal sector employment of
people with significant disabilities and improve federal customer service representation. I direct
executive departments and agencies as follows:
(a) Each head of an executive department or agency operating customer service call
/contact centers shall conduct a Basic Feasibility Study to identify positions that can be
relocated to home-based or other off-site facilities, and be filled by qualified individuals in cluding
there with significant disabilities. This Basic Feasibility Study shall be completed and
submitted to the Secretary of Labor within 90 days of this memorandum.
(b) Each head of an executive department or agency shall also conduct an Expanded
Feasibility Study to identify the appropriateness of using home-based and other off-site
positions to carry out other specific work activities, such as the processing of insurance
Is the intent of this memo to and identify
Question: positions fill individuals? too all that of can them If be w/ relocated what disabted is the authority?
so,
007
07/19/00
17:46
JUL-18-2000 11:52
OMB GENERAL COUNSEL
202 395 7294 P.13/16
quali Sied
including mose
claims and financial transactions, that could be accomplished by individuals with
significant disabilities. This Expanded Feasibility Study shall be completed and
submitted to the Secretary of Labor no later than 90 days from the date of this
memorandum.
of this memorandum
(c) If the head of a department or agency determines it is feasible and appropriate to
establish home-based positions pursuant to the feasibility studies conducted under
paragraphs (a) and (b) such head shall develop a Plan of Action and Implementation
Guidelines that encourage the recruitment and employment of individuals with
significant disabilities for such positions
(d) The Plan of Action and Implementation Guidelines conducted and procedures
established pursuant to this section shall be submitted to the Secretary of Labor within
Plans
120 days from the date of this memorandum. The implementation of the approved plans
shall
will be coordinated through the Secretary of Labor and the Director of the Office of
Personnel Management
(e) In implementing this memorandum, agencies must honor their obligations to notify
their collective bargaining representatives and bargain over such procedures to the extent
permitted by law.
(f) This memorandum does not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its officers, its employees, or any
other person.
THE WHITE HOUSE,
Alchon & on you Manuagraph qui (c)
Do
a
2
07/19/00 17:46
008
JUL-16-2000 11:50
GENERAL COUNSEL
202 7254 P.14/16
DRAFT
7-18-2000
(1:00 a.m. am.
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT: Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination.
(ADA)
As we draw near the tenth anniversary of the Americans with Disabilities Act, we have
much to celebrate. This landmark civil rights law has increased opportunities for employment,
education, and leisure for millions of Americans. Our country is stronger as a result.
As we celebrate the ADA, we cannot forget that it was built on the solid foundation of
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended in 1978, which
prohibits discrimination on the basis of disability in federal programs and activities. One
important goal of section 504 is for the federal government to set an example for the rest of the
country by being a model employer and providing exemplary service to its customers with
disabilities. While this goal remains constant, the nature and structure of government have
changed in the decades since the inception of section 504. New agencies have been formed,
while others no longer exist. Government is more efficient and doing more with less.
upper
The time has come to reaffirm the federal government's commitment to ensuring that
case
agencies' programs are free from discrimination The means we use to accomplish our goals
should be tailored to the changing nature of government.
President
I call upon the Department of Justice, the Equal Employment Opportunity Commission,
National
the Interagency Disability Coordinating Council (IDCC), and the Presidential Task Force on
Employment of Adults with Disabilities to provide leadership to ensure thatadl agenciespment
common goal: to ensure that today's federal programs - including programs of employment
continue to be readily accessible to and usable by persons with disabilities.
Federal
in
To meet this goal, I hereby direct all agencies to engage in a Five Year Plan. Under this
Five Year Plan, agencies will follow guidance to be provided by the Department of Justice and
meeting
the Equal Employment Opportunity Commission (EEOC) to evaluate agency programs,
their
activities, and facilities for compliance with sections 501 and 504 of the Rehabilitation Act, set
targeted goals consistent with priorities developed by the Department of Justice and the EEOC,
and implement all actions necessary to achieve those goals, within the next five years. As the
initial steps in the Five Year Plan, agencies are directed to do the following:
make all programs offered on their Internet and Intranet sites accessible to people
with disabilities by July 27, 2001; and
publish by various means, including by incorporation on all agency Internet home
07/19/00
17:47
009
Jul-16-2000 11:54
WH/UND GENERAL COUNSEL
202 395 7294
P.15/16
pages, the name and contact information for the office(s) responsible for
coordinating the agency's compliance with sections 501 and 504 of the
Rehabilitation Act.
Presiden ts' National
I furthermore direct the Department of Justice and the Equal Employment Opportunity
Commission, in close consultation with the IDCC and the Presidential Task Force on
Employment of Adults with Disabilities, to develop priorities and establish for the Five-Year
Plan under which agencies will focus on specific programs or types of programs to ensure that
they are readily accessible to persons with disabilities.
I direct the IDCC to coordinate executive agencies' efforts to make the federal
4
government's electronic and information technology accessible to persons with lisabilities.
u.c.
I designate the following persons to participate in the IDCC, in addition to those members
set out by statute (29 U.S.C. $ 794c):
The Administrator of the General Services Administration
The Secretary of Defense
These steps will enable federal agencies to work together as they renew their ongoing
commitment to ensure that federal programs do not discriminate against people on the basis of
disability.
of November Z, 1980,
Nothing in this memorandum is intended in any way to limit the effect or mandate of
Executive Order 12250 which conveys certain authorities upon the Attorney General, or
Executive Order 12067 which conveys certain authorities upon the Chair of the Equal
Employment Opportunity Commission.
This memorandum is for the internal management of the executive branch and does not
create any right or benefit substantive or procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers or employees, or any other person.
of June 30, 1978
THE WHITE HOUSE,
2
Jul-19-2000 06:06pm
From-EEOC
2026634931
T-499 P.001/013 F-685
TOTAL CERTIFY
EEOC fax
STATEMENT
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
OFFICE OF COMMUNICATIONS AND LEGISLATIVE AFFAIRS
1801 L STREET, N.W.
WASHINGTON, D.C. 20507
FAX: (202) 663-4912
DATE: 7/19/00
TIME:
MAC REED
To:
FAX NUMBER:
395-7294 395 7294
SENDER:
Bill White
SENDER'S TELEPHONE NUMBER: (202) 663-4911
DOCUMENT:
NUMBER OF PAGES TRANSMITTED (INCLUDING COVER): 13
SPECIAL INSTRUCTIONS:
PLEASE TELEPHONE SENDER IF YOU DO NOT RECEIVE ALL DOCUMENTS.
Jul-19-2000 06:06pm
From-EEOC
2026634931
T-499 P.002/013 F-685
U.S. EBUAL CITY
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
July 19, 2000
MEMORANDUM
TO:
Mac Reed
General Counsel's Office
Office of Management and Budget
FROM:
William J. White, Jr. William I white
Acting Director
Office of Communications and Legislative Affairs
SUBJECT:
Draft Executive Orders and Memoranda
This memoranda sets forth our comments on the four documents which were circulated
yesterday.
First, we suggest that the proposed Executive Order to Increase the Number of
Individuals with Disabilities Employed in the Federal Government add, after the first sentence in
23/0
Section 1 (a): "The Federal Government shall strive to achieve the goal that at least 25% of the
individuals hired should be qualified individuals who have severe disabilities.
Second, regarding the proposed Memorandum Regarding Employing People with
Significant Disabilities to Fill Federal Agency Jobs That Can Be Performed at Alternate Work
Sites, Including the Home, we recommend the following: The first sentence should be modified
by adding the following at the beginning of the sentencer While it is recognized that most
OK
which
people with severe disabilities can work at the employer's work site, Also, please replace
online phrase "significant disabilities" with "severe disabilities." Severe is the term used in the
literature and studies in this area.
Third, we have substantial comments on the draft Executive Order Requiring Federal
Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation. We
describe below the reasons for the changes we propose; we have also attached redlined and clean
copies of the draft with our modifications in place.
Paragraph (a). We strongly recommend that the language of the paragraph be modified
to make clear that these procedures are intended to benefit individuals with disabilities,
and not to create new bureaucratic requirements. We also propose adding a requirement
that agencies draft the procedures in plain language that will be readily comprehensible to
1
Jul-19-2000 06:06pm From-EEOC
2026634931
T-499
P.003/013
F-685
people with disabilities, and adding language to make clear that the changes agency
components are authorized to make are those designed to streamline the process.
Paragraph (b)(1). To ensure consistency with Rehabilitation Act requirements, we
recommend modifying the language to make clear that requests for reasonable
accommodation may be made orally or in writing.
Paragraph (b)(2). We propose modifying the language TO avoid any implication that
agencies may establish rigid requirements that individuals with disabilities must follow in
requesting reasonable accommodations. The law is clear that employees must retain
flexibility in this regard.
Paragraph (b)(3). We think it important that agencies make decisions on requests for
accommodation as quickly as possible. We have added proposed language that makes
this point.
Paragraph (b)(4). The Rehabilitation Act permits agencies to request medical
information from individuals requesting accommodation only where the disability and/or
the need for accommodation is not obvious. We have added language to ensure that this
paragraph conforms to these legal requirements.
Paragraph (b)(7). Because the paragraph refers to reassignment to a lower-graded
position, we recommend adding language to ensure that agencies are aware of the legal
requirement that individuals with disabilities be reassigned to a position at the same pay
and grade level where such a position is available. This will make the paragraph
consistent with the requirements of the Rehabilitation Act, as set forth in EEOC's
Enforcement Guidance on Reasonable Accommodation.
Paragraph (b)(9). We believe that existing systems of recordkeeping are likely to be
insufficient to track requests for reasonable accommodation. We believe that this
tracking is important and that the Order should require it.
Paragraph (b)(10). We believe that agencies should have in place an informal
procedure, separate from the EEO complaint procedure, for individuals with disabilities
to request reconsideration of denials of reasonable accommodation. Such an informal
procedure would be particularly useful in circumstances in which routine requests for
accommodation such as having an interpreter for an office meeting -- are denied, and
the error can be corrected without triggering the more cumbersome EEO complaint
process. The informal procedure must, however, be separate from the EEO complaint
process to ensure that the rights of individuals with disabilities are not compromised if
they pursue a request for reconsideration in the first instance. To protect those rights,
moreover, agencies must inform individuals with disabilities of their right to file EEO
complaints. We have proposed modifications to the paragraph to include each of these
concepts.
2
Jul-19-2000
06:07pm
From-EEOC
2026634931
T-499
P.004/013
F-685
Section 2. Because of resource constraints, the EEOC will not be able to comment on
every agency's reasonable accommodation procedures; we thus propose deleting the
clause requiring such comment. The EEOC will, however, do its best to review agency
procedures. The Order should be amended to make clear that the EEOC has the authority
10 require modifications in agency procedures that do not comply with the Order. We
have added language to this effect.
Section 3. We suggest moving the language "ID the extent required by law," to make
clear that it modifies both the agency's obligation to notify its collective bargaining
representatives and to bargain over accommodation procedures.
Section 4. We propose adding language to make clear that nothing in the Order is
intended to affect an individual's rights under the Rehabilitation Act. To ensure clarity,
moreover, we suggest that the existing sentence of the paragraph be reworded to state that
the Order does not "independently" create any "new" rights or benefits. Because the
paragraph does not in any way refer to judicial review, we further recommend
substituting the word "Construction" in the title to make the title more descriptive of the
section as a whole.
Section 5. As the agency with enforcement authority over reasonable accommodation
requirements, the EEOC is the appropriate agency to develop guidance under this Order.
We propose changing the language of this paragraph accordingly.
Finally, we have significant concerns regarding the proposed Memorandum Regarding
Renewing the Commitment to Ensure that Federal Programs are Free from Disability-Based
Discrimination. This Memorandum, which is based on work done in connection with the
Presidential Task Force but was never fully vetted, would require EEOC to work with DOJ, the
Interagency Disability Coordinating Council and the Presidential Task Force on the Employment
of Adults with Disabilities to take a variety of steps in connection with federal programs and
employment. This includes requiring the four entities to develop guidance for the Five-Year
didn't
plans which are required under the Memorandum for agencies to come into compliance with
sections 501 and 504 of the Rehabilitation Act.
We are concerned that the draft Memorandum would impose requirements which would
overlap with requirements currently existing under federal statute and would give certain
agencies and entities authority over the enforcement of these requirements in a manner which
would be inconsistent with such law. In particular, the draft Memorandum requires the creation
of Five-Year plans which apply, inter alia, to federal sector employment and therefore overlap
with requirements already in place under section 501. Moreover, EEOC has authority under
section 501 of the Rehabilitation Act to enforce the Act's affirmative action requirements.
However, this Memorandum appears to extend such enforcement authority to the Department of
Justice, the Presidential Task Force and the IDCC. Such a change in enforcement authority
cannot be effectuated through this Memorandum.
3
Jul-19-2000 06:07pm From-EEOC
2026634931
T-499 P.005/013 F-685
In order to address these problems, we recommend the requirement of the Five Year plan
be deleted and that the directive focus on inter-agency coordination and planning, with an
immediate emphasis on technology and information accessibility We have attached a draft
proposal to this effect.
4
Jul-19-2000 06:08pm
From-EEOC
2026634931
T-499
P.006/013
F-685
EXECUTIVE ORDER
REQUIRING FEDERAL AGENCIES TO ESTABLISH PROCEDURES TO FACILITATE THE
PROVISION OF REASONABLE ACCOMMODATION
By the authority invested in me as President by the Constitution and the laws of the United
States of America, and in order to promote a model Federal workplace that grants: (1) reasonable
accommodations for individuals with disabilities in the application process for Federal employment;
(2) reasonable accommodations that enable Federal employees with disabilities to perform the
essential functions of a position; and (3) reasonable accommodations that enable Federal employees
with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees
without disabilities, as required by the Rehabilitation Act of 1973, as amended, 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 procedures should
be clearly drafted in plain language and should permit flexibility in processing each accommodation
request SO that unnecessary burdens are not imposed on individuals with disabilities. Different
components of an agency may 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 Adulis with Disabilities (1998), effective written procedures for processing
requests for reasonable accommodation should do 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; the role
and responsibility of each agency official or office involved in considering the request; 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 decisionmaking should be as shon 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
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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, 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. Reassignment should be made to a
position at the same pay grade level, if available. In the case of reassignment to a lower graded
position, the agency has the option of providing pay retention because the action is not for personal
cause.
8. Provide that reasonable accommodation denials will be in writing and specify the reasons
for denial.
9. Ensure that systems of record keeping track the processing of requests for reasonable
accommodation and maintain the confidentiality of medical information received in accordance with
applicable law and regulation.
10. Establish an informal process for individuals with disabilities to request prompt
reconsideration of denials of reasonable accommodation. Agencies must also inform individuals
with disabilities that they have the right to file complaints in the EEO process if their requests for
reasonable accommodation, or requests for reconsideranon, are denied.
Section 2. Submission of agency reasonable accommodation procedures to the EEOC.
Within one year, each agency shall submit its reasonable accommodation procedures to the
EEOC. Each agency shall further submit IO the EEOC any modifications to its procedures at the
time that those modifications are adopted. The EEOC is authorized to require modifications to an
agency's procedures as necessary to ensure compliance with the requirements of this order.
Section 3. Collective Bargaining Obligations.
In adopting their reasonable accommodation procedures, agencies must honor their
obligations, to the extent required by law, to notify their collective bargaining representative(s) and
bargain over such procedures.
Section 4. Construction.
Nothing in this order limits the rights that individuals with disabilities may have under the
Rehabilitation Act of 1973. This order is intended only to improve the internal management of the
6
Jul-19-2000 06:08pm
From-EEOC
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T-499 P.008/013 F-685
executive branch and is not intended to, nor does it, independently create any new 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.
Section 5. Implementation.
The EEOC shall be responsible for developing guidance 10 effectuate the provisions of this
order.
7
Jul-19-2000 06:09pm
From-EEOC
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F-685
REQUIRING FEDERAL AGENCIES TO ESTABLISH PROCEDURES TO FACILITATE THE
PROVISION OF REASONABLE ACCOMMODATION
By the authority invested in me as President by the Constitution and the laws of the United
States of America, and in order to promote a model Federal workplace that grants: (1) reasonable
accommodations for individuals with disabilities in the application process for Federal employment;
(2) reasonable accommodations that enable Federal employees with disabilities to perform the
essential functions of a position; and (3) reasonable accommodations that enable Federal employees
with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees
without disabilities, as required by the Rehabilitation Act of 1973, as amended, it is hereby ordered
as follows:
Section 1. Establishment of Effective Written Procedures for to Facilitate the Provision of
Reasonable Accommodation.
(a) Each Federal agency shall establish effective written procedures for processing requests
for reasonable accommodation- The procedures are applicable to all by employees and applicants
with disabilities within the agency who request a reasonable accommodation. The agency may, III
Its discretion, establish different procedures for different The procedures should be clearly drafted
in plain language and should permit flexibility in processing each accommodation request so that
unnecessary burdens are not imposed on indi iduals with disabilities. Di fferent components of itsan
agency may tailor their procedures as necessary IU 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 Disabilines (1998), effective written procedures for processing
requests for reasonable accommodation should includedo the following:
1. Explain howthat an employee or job applicant may initiates 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. Specify to whom the request must be submittedExplain how the agency will process a
request for reasonable accommodation; the rule and responsibility of each agency official or office
involved in considering the request; 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 decisionmaking 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.
8
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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, 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. Reassignment should be made to I
position at the same pay grade level, If available. In the case of reassignment to a lower graded
position, the agency has the option of providing pay retention because the action is not for personal
cause
8. Provide that reasonable accommodation denials shouldyn be in writing and specify the
reasons for denial.
Agencies
9. InsurcEnsure that systems of record keeping track the processing of requests for
reasonable accommodation and maintain the confidentiality of medical information received in
accordance
with applicable law and the regulation. displuk resolution processes to allow
10.
State Encourage that employees gintormal exoting acquarts informal
10. Establish an informal process for individuals with disabilities to request obtain prompt
dispute resolution
reconsideration of denials 01 reasonable accommodation. Agencies must also inform individuals
with disabilities that they have the right to file acomplaints in the event thatEEO process if their
requests for reasonable accommodation, or requests for reconsideration, are denied.
Section 2. Submission of agency reasonable accommodation procedures to the EEOC.
Within one year, each agency shall submit its reasonable accommodation procedures to the
EEOC for comment. Each agency shall further submit IO the EEOC any modifications to its
reasonable accommodation procedures at the time that those modifications are adopted The EEOC
with the requirements of this order.
is authorized to require modifications 1-C to an agency' procedures as necessary In ensure compliance
not appropriate place to
Section 3. Collective Bargaining Obligations.
expand EEOC authory
In adopting their reasonable accommodation procedures, agencies must honor their
obligations, to the extent required by law, to notify their collective bargaining representative(s) and
bargain over such procedures to the extent required by law.
Section 4. Judicial Review.
IS this consistent with other policies.
equived/permited strong w/ oPm
check w/ Sozzane
Jul-19-2000 06:10pm From-EEOC
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Construction.
Nothing in this order limits the rights that individuals with disabilities may have under the
Rehabilitation ACI of 1973. This order is intended only 10 improve the internal management of the
executive branch and is not intended to, nor does it, independently create any new 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.-
Section 5. Implementation.
The Presidential Task Force On the Employment of Adults with DisabilitiesEEOC shall be
responsible for developing and implementing guidance to effectuate the provisions of this order.
10
Jul-19-2000 06:10pm From-EEOC
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MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination.
As we draw near the tenth anniversary of the Americans with Disabilities Act, we have much
TO celebrate. This landmark civil rights law has increased opportunities for employment, education
and leisure for millions of Americans. Our country is stronger as a result.
As we celebrate the ADA, we cannot forget that It was built on the solid foundation of the
Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq., which, among other things, prohibits
discrimination on the basis of disability in federal programs and activities. One important goal of
the Rehabilitation Act is for the federal government to set an example for the rest of the country by
being a model employer and providing exemplary service to its customers with disabilities. While
this goal remains constant, the nature and structure of government have changed in the decades since
the enactment of the Rehabilitation Act. New agencies have been formed, and new federal programs
developed, while others no longer exist. Government is more efficient and doing more with less.
The time has come to reaffirm the federal government's commitment to ensuring that
agencies' programs are free from discrimination. The means we use to accomplish our goals should
be failored to the changing nature of government.
I call upon the Department of Justice, the Equal Employment Opportunity Commission, the
Presidential Task Force on Employment of Adults with Disabilities, and the Interagency Disability
Coordinating Council (IDCC), established by 29 U.S.C. $ 794(c), to provide leadership to ensure
that all agencies meet a common goal: to ensure that today's federal programs - including programs
of employment- - continue to be readily accessible to and usable by persons with disabilities.
To meet this goal, I hereby direct the Department of Justice and the Equal Employment
Opportunity Commission, in close consultation with the IDCC and the Presidential Task Force on
Employment of Adults with Disabilities, to develop priorities under which agencies will focus on
specific programs or types of programs to ensure that they are readily accessible to persons with
disabilities. As the initial steps, agencies are directed to do the following:
make all programs offered on their Internet and Intranet sites accessible to people
with disabilities by July 27, 2001; and
publish by vanous means, including by incorporation on all agency Internet home
pages, the name and contact information for the office(s) responsible for coordinating
the agency's compliance with sections 501 and 504 of the Rehabilitation Act.
I direct the IDCC 10 coordinate executive agencies' efforts to make the federal government's
electronic and information technology accessible TO persons with disabilities.
g
accordate w/ 501 504 +508
In & the Rehabilitation Act.
Jul-19-2000 06:10pm From-EEOC
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I designate the following person to participate in the IDCC, in addition 10 those members set
out by statute:
The Administrator of the General Services Administration
The Secretary of Defense
These steps will enable federal agencies to work together as they renew their ongoing
commitment to ensure that federal programs do not discriminate against people on the basis of
disability.
Nothing in this memorandum is intended in any way to limit the effect or mandate of
Executive Order 12250, which conveys certain authorities upon the Attorney General, or Executive
Order 12067, which conveys certain authorities upon the Chair of the Equal Employment
Opportunity Commission.
This memorandum is for the internal management of the executive branch and does not
create any right or benefit, substantive or procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers or employees, or any other person.
THE WHITE HOUSE
12
JUL 20 '00 11:33AM
Office of General Counsel
U.S. Department of Transportation
400 Seventh Street, S.W.
C-40. Room 10100
Washington, D.C. 20590
Telephone: (202)366-4687
Telefax: (202)366-7153
This message is intended only for the use of the individual or entity to which II
Is addressed and may contain Information that is grivileged, confidential. and
exempt from disclosure under applicable law. If the reader of this massage is
not the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If you
have received this communication In error, please netlfy us Immediately by
telephone. and return the original message to us at the above address ula the
U.S. Postal Service. Thank you.
TO:
Mac Reed
FROM: Jane DeCell
DOT
FAX #:
366 -9299
Number of pages (including this page)
4
DATE AND TIME
7/20/00 - 11:30AM
DATE COMMENTS / RESPONSE (IF
ANY) ARE DUE
Remarks:
DOT comments on ADA
Executive ORdeRs
P.2/4
JUL 20 '00 11:33AM
DeCell, Jane
From:
DOT.LEGISLATION.
Sent:
Thursday, July 20, 2000 11:26 AM
To:
Cc:
[email protected]' DeCell, Jane: Tochen, David; Brenman, Marc; Hallahan, Kate; Knapp, Lindy; Allen,
Subject:
Melissa FW: E.O., Individuals with Disabilities; E.O., Reasonable Accommodation;
Memorandum One, Home-Based Representatives; Memorandum Two, Free from
Disability-based Discrimination
From:
DOT.LEGISLATION <OST>
Sent:
Wednesday, July 19, 2000 5:12 PM
To:
DOT.LEGISLATION <OST>
Cc:
DeCell, Jane
Subject:
RE: E.O., Individuals with Disabilities; E.O., Reasonable Accommodation;
Memorandum One, Home-Based Representatives; Memorandum Two, Free from
Disability-based Discrimination
Department of Transportation Comments
Re: Draft E.O. Increasing the Number of Individuals with Disabilities
Employed in the Federal Government
Draft E.O. - Requiring Federal Agencies to Establish Procedures to
Facilitate the Provision of Reasonable Accommodation
Draft Memorandum - Employming People with Significant Disabilities to
Fill Federal Agency Jobs That can Be Performed at Alternate Work Sites,
Including the Home
Draft Memorandum - Renewing the Commitment to Ensure that Federal
Programs are Free from Disability-Based Discrimination
The Department of Transportation has reviewed the draft executive order
"Increasing the Number of Individuals with Disabilities Employed in the
Federal Government," the draft executive order "Requiring Federal Agencies to
Establish Procedures to Facilitate the Provision of Reasonable
Accommodation," the draft memorandum "Employming People with
Significant Disabilities to Fill Federal Agency Jobs That can Be Performed at
Alternate Work Sites, Including the Home," and the draft memorandum
"Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination," and supports the policies contained in these
documents.
Page 1
JUL 20 '00 11:33AM
The Department has the following comments. The proposed EO "Increasing
the Number of Individuals With Disabilities Employees in the Federal
Government" contains a provision in Section 2 that "Agencies must honor
their obligations to notify their collective bargaining representative(s) and
bargain over such procedures to the extent required by law." We support
adding similar language concerning labor relations obligations in the
proposed memo "Employment of People with Significant Disabilities by
Federal Agencies to Serve as Home-based Customer Service
Representatives and in Other Remote Off-site Work Stations." Setting up
remote work stations can impact conditions of employment for bargaining unit
positions and it is appropriate to note union obligations in the draft
memorandum.
With regard to the draft Executive Order "Increasing the Number of
Individuals with Disabilities Employed in the Federal Government," while DOT did
not participate in developing the 100,000 target figure, we note that agency
allocations take into consideration that agencies such as DOT, Justice, and
Treasury have large numbers of positions with stringent medical qualifications
that are not viable opportunities for disabled candidates. We further note that if we
use welfare to work hiring percentages as a guide (i.e. DOT hires about 4% of the
government-wide commitment) and our hiring patterns remain relatively constant,
one out of every three DOT's hires over the next five years (excluding positions
with medical requirements - i.e. air traffic controllers, law enforcement officers,
etc.) might be disabled. While we are not opposing this potential impact, we did
want to bring it to your attention.
The Department also notes that the time frame for submitting an agency
plan to increase the number of qualified individuals with disabilities to OPM has
been reduced from 90 days in the previous version to 60 days. While the
Department would commit itself to meeting the deadline, it notes that this is a
very tight time frame for developing and vetting a plan in an organization the size
of DOT.
Following are our specific recommendations:
1. Sec. 2 of Hiring EO. "Each Federal agency shall prepare a plan to increase the
number of individuals with targeted disabilities employed in the agency." Sec. 3: ""to
increase the number of individuals with targeted disabilities employed "
2. Sec. 1 (a) (4) "improve their efforts to retain, promote, and advance the career
opportunities of employees with disabilities."
3. Reas Accommo EO, Sec. 1 (b) 10, add to end of sentence, "and that retaliation for
Page 2
P.4/4
JUL 20 '00 11:33AM
participation in the complaint process and for requesting a reasonable accommodation
is prohibited by law."
4. 60 days. In Sec. 2. of Reas. Accommo EO. New last sentence: "EEOC shall
respond to agencies with comments within 60 days of receiving their procedures."
5. Renewing Commitment Memo, para. 5, new first sentence: "To meet this goal, I
hereby direct all agencies to complete the activities required in the Memorandum within
five years of its date." Delete all mentions of the phrase "Five Year Plan" and substitute,
Plan."
We also note the following technical items:
Page one of "Increasing the Number of Individuals with Disabilities
Employed in the Federal Government ," third to last line, "order" should be
lower case.
Page two of "Increasing the Number of Individuals with Disabilities
Employed in the Federal Government," in line two, the full agency title, "Office
of Personnel Management," should be used in place of the acronym "OPM,"
as is the case with the first line of section three. Page three of "Requiring
Federal Agencies to Establish Procedures to Facilitate the Provision of
Reasonable Accommodation," second to last line, delete word "the" before
Employment.
Page 3
JUL.20.2000 7:31AM 2025645541_0GC,CCIL0
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FAX TRANSMITTAL SHEET
CROSS-CUTTING ISSUES LAW OFFICE
OFFICE OF GENERAL COUNSEL
ENVIRONMENTAL PROTECTION AGENCY
TO:
Mac Reed
Ofc #:
395-3563
Fax #:
395-7294
FROM:
Craig Annear
Ofc #:
202-564-5538
Fax #:
202-564-5541
Pages:
4 (including this cover sheet)
Date: 7/19/2000
Mac - 20
8:30am
EPA's comments on the two proposed executive orders and two
draft Presidential memoranda concerning the Rehabilitation Act
are attached. Please call if you have questions. Thanks.
Craig Annear
Sorry /couldn't get This to
you last night Gain
JUL.
20.2000
7:31AM
2025645541_OGC,CCIL0
NO.111
P.2/4
UNITED PROTECTION STATES. AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
JUL 20 2000
OFFICE OF
GENERAL COUNSEL
MEMORANDUM
SUBJECT: EPA Comments on Two Proposed Executive Orders and Two Draft Presidential
Memoranda Relating to Employment of, and Access by, Individuals with
Disabilities
Jen
FROM:
James C. Nelson
Associate General Counsel
Cross-Cutting Issues Law Office (2322A)
TO:
Robert G. Damus
General Counsel
Office of Management and Budget
On behalf of the Environmental Protection Agency, I am providing a response to your
July 14 request for comments and your July 18 revised request for review. We have several
comments, categorized by document.
A,
Proposed Executive Order Entitled "Increasing the Number of Individuals with
Disabilities Employed in the Federal Government"
request
In revising the draft order, the Office of Domestic Policy removed the word
"qualified" before "individuals with disabilities" in the title, while leaving it in the first
sentence of Section 1(a). We recommend that "qualified" be reinserted in the title and be
added before "individuals with disabilities" each time that term appears, i.e., in the
Preamble; in the title of Section 1; in Section 1(b); in Section 2; and in Section 3.
B.
Proposed Executive Order Entitled "Requiring Federal Agencies to Establish
Procedures to Facilitate the Provision of Reasonable Accommodation"
- Similar to our comment above, we recommend adding "qualified" before "employees
with disabilities" in Section 1(a).
Printed on Recycled Paper
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2
- Section 1 (b)(7) (originally 1(b)(9)) should be revised. As written, it appears to
diminish the effect of the current relevant provisions regarding reassignment in the
EEOC regulations at 29 C.F.R. § 1614.203(g). The first sentence should be rewritten to
read:
"Provide that reassignment to a funded vacant position located in the same
commuting area and serviced by the same appointing authority, the essential
functions of which the individual would be able to perform with reasonable
accommodation if necessary, 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, unless the agency can demonstrate that the reassignment would impose
an undue hardship on the operations of it program."
(It may be preferable to make reference to the need to comply with 29 C.F.R.
§ 1614.203(g), rather than fully reciting here several of its provisions).
- Also with respect to Section I(b)(7). we have concerns with regard to the pay retention
option described in the last sentence. This option appears to fly in the face of merit
principles in that an employee who is unable to do his or her job at a particular grade
could still enjoy a higher salary without performing commensurate work solely because
of a disability. In addition, if the President would like pay retention to be part of a
reasonable accommodation as a matter of policy, such a decision should not be a matter
of discretion. We suggest deletion of the last sentence of this section.
- The new provision in Section 5 would assign the Presidential Task Force on
Employment of Adults with Disabilities responsibility for developing and implementing
guidance to effectuate the provisions of this executive order. Notwithstanding that
provision, we recommend that EEOC be tasked with the responsibility of drafting model
written procedures for processing requests for reasonable accommodation. This would
serve the goals of promoting consistency across federal agencies and of ensuring
compliance with the Rehabilitation Act. Agencies could then adapt the model for their
own use, taking into account their unique authorities and activities. If this comment is
accepted, the one-year deadline in Section 2 should be modified so the year starts to run
after EEOC publishes it model.
C.
Draft Presidential Memorandum Entitled Employing People with Significant
Disabilities to Fill Federal Agency Jobs That Can Be Performed al Alternate Work Sites,
Including the Home"
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3
- Throughout the document, the term "significantly disabled" is used. This term,
however, is not defined in the memorandum and does not have independent legal
meaning under the Rehabilitation Act, the Americans With Disabilities Act or
implementing EEOC regulations. We suggest that the term be defined or revised.
- We assume that there is no intent, through this draft order, to modify agency
obligations under the FAIR Act. A clarification would be helpful.
D.
Draft Presidential Memorandum Entitled "Renewing the Commitment to Ensure that
Federal Programs are Free from Disability-hased Discrimination."
- The memorandum could be read to state that Section 504 of the Rehabilitation Act
prohibits disability discrimination in federal government employment. There is a
question as to whether or not Section 504 of the Rehabilitation Act prohibits such
discrimination. Some sources contend that only section 501 prohibits disability
discrimination in federal government employment. To avoid this issue, we suggest
referring to the Rehabilitation Act in general, instead of referring to specific sections of
the Act, in the memorandum.
Thank you for considering our comments. If you have any questions or would like to
discuss this memorandum, please call me at 564-5532 or Craig Annear at 564-5538.
CC:
Mac Reed
06-18-2000 17:08
202
Important the information contained III this message 1% intended only for ilin use of the
NASA Headquarters
individual 10 whom Il 12 address and may contain information that IN provileged and confidential.
300 E Street, SW
If the reader w the massage IN not the intended recipient. you are hereby notified that any
Washington, DC 20546
dissemination, distribution, or copying of this conumnication is strictly prohibited. If you have
Phone:
received this communication in error. please notify UR immediately by the telephone listed below.
Fax:
Thank you.
facsimile transmittal
To: Mac Reed (OMB)
Fax: 395-7294
From: Davis Date: 7/19/00
Re: E.O. american Disability Cct Pages: ((3) include Cover sheet)
CC:
Urgent
For Review
Please Comment
Please Reply
Please Recycle
Please forward Thank you.
"Office of the General Counse
3811
06-18-2000 17:09
202 358 2741
National Aeronautics and
Space Administration
NASA
Headquarters
Washington. DC 20546-0001
Reply to Attn of:
GG
July 19, 2000
By Facsimile
Mac Reed, Esq.
Assistant General Counsel
Executive Office of the President
Office of Management and Budget
Washington, DC 20503
Dear Mr. Reed:
Thank you for the opportunity to review the proposed Executive Orders and other documents
to be issued in connection with the tenth anniversary of the Americans with Disabilities Act's
passage. NASA supports the Act and the Administration's intent in reaffirming its
commitment to the Act.
The draft Executive Order, "Increasing the Number of Individuals with Disabilities Employed
in the Federal Government," would require Federal agencies to hire 100,000 qualified
individuals with disabilities over 5 years. NASA supports the President's initiatives to
improve the employment of persons with disabilities; however, we are concerned that the
employment levels required may be unattainable. In order to meet this hiring goal, the
Federal government will need to increase the hiring of persons with disabilities from an
average of 5.5% per year to over 9% per year for the next 5 years. There is currently no
relevant civilian labor force data available to enable agencies to determine the availability of
persons with disabilities for the specific occupations most likely to have vacancies over that
time period.
This is of particular concern to NASA because we employ a large population of scientists and
engineers and will undoubtedly focus hiring opportunities on those professional and technical
positions critical to the mission of the agency. In the absence of relevant civilian labor force,
data, we are concerned that the hiring goals established by the Administration may be too
optimistic. Moreover, this lack of relevant labor force data makes the development of a
recruiting and hiring plan within 60 days difficult.
The memorandum on "Employing People with Significant Disabilities to Fill Federal Agency
Jobs That Can Be Performed at Alternate Work Sites, Including the Home" is somewhat
confusing. The memorandum requires two feasibility studies. The first, a Basic Feasibility
Study, shall be conducted only by agencies operating customer service call/contact centers.
The second, an Expanded Feasibility Study, presumably is to be conducted by all agencies but
06-18-2000 17:10
202 358 2741
NASA
2
the name, Expanded Feasibility Study, suggests the study has a precursor. In many agencies,
it will not. Subparagraph (c) on the second page of this memorandum appears to presume that
if a study determines that work can feasibly be done at home or sites other than a Federal
office and by persons with significant disabilities, the agency will be creating new positions.
The latter does not necessarily follow from the former. In addition, we are concerned that the
requirement to complete the studies within 90 days of the memorandum does not provide
ample time to plan and implement a meaningful study.
Finally, the memorandum on "Renewing the Commitment to Ensure that Federal Programs
are Free from Disability-Based Discrimination" does not include a reference to section 508 of
the Rehabilitation Act of 1973, as amended, although the substance of the memorandum is
focused on information technology accessibility, as is section 508. Also, the first full
paragraph on page two of the memorandum appears to be an incomplete thought.
Again, thank you for the opportunity to review and comment on these Presidential documents.
Dois A. Ugnaraiski
Doris A. Wojnarowski
Associate General Counsel (General Law)
07/19/00 WED 15:46 FAX
OGC-OMB
1001
UNITED STATES
UNITED STATES
OFFICE OF PERSONNEL MANAGEMENT
& PAYSONNEL THE
WASHINGTON, D.C. 20415
Office of Congressional Relations
Legislative Analysis Staff
Fax: (202) 606-2526
Office: (202) 606-1424
TELECOPIER TRANSMITTAL SHEET
FROM: C.C. Christaros
TO: Mac Reed
Receiving Telecopier Number:
395-7294
Pages sent (including transmittal sheet): 11
Mac,
In addition to these edits, please remove
the last line in Sect. 7 in reasonable
accommodation eo. We will provide
guidance to agencies on pay retention,
CC
OGC-OMB
002
07/19/00 WED 15:46 FAX
DRAFT
7-18-2000
Executive Order
11:00am
INCREASING THE NUMBER OF INDIVIDUALS WITH
DISABILITIES EMPLOYED IN THE FEDERAL GOVERNMENT
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 representation of individuals with
disabilities employed at all levels and occupations of the Federal Government, and to support the
goals articulated in § 501 of the Rehabilitation Act of 1973 as amended. it is hereby ordered as
follows:
Section 1. Increase the Number of Hires of Individuals with Disabilities.
(a) The Federal Government shall hire 100,000 qualified individuals with disabilities
over 5 years into the full range of levels and occupations of the Federal Government. To achieve
this goal, all Federal agencies shall:
(1) use available hiring authorities, consistent with statute, regulation, and prior
Executive Orders and Presidential Memoranda;
(2) expand their outreach efforts, using both traditional and non-traditional
methods; and
(3) increase their efforts to accommodate individuals with disabilities.
(b) As a model employer, the Federal Government will take the lead in educating the
public about employment opportunities available for individuals with disabilities.
(c) This Order does not require agencies to create new positions or to change existing
qualification standards for any position.
Sec 2. Implementation.
spell
out
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Each Federal agency shall prepare a plan to increase the number of individuals with
disabilities employed in the agency. Each agency shall submit that plan to OPM within 60 days
from the date of this Order.
spell
Sec. 3. Authority to Develop Guidance.
out
The Office of Personnel Management shall be authorized to develop guidance on the
provisions of this Order to increase the number of individuals with disabilities employed in the
Federal Government.
spell
Sec. 4. Judicial Review.
out
This Order is intended only to improve the internal management of the executive branch
and is not intended to, nor does it 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.
THE WHITE HOUSE.
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DRAFT
7-18-2000
Executive Order
11:00
REQUIRING FEDERAL AGENCIES TO ESTABLISH PROCEDURES
TO FACILITATE THE PROVISION OF REASONABLE ACCOMMODATION
By the authority invested in me as President by the Constitution and the laws of the
provides reasonable
United States of America, and in order to promote a model Federal workplace that grants: (1) accomodation for:
casonable accommodations for individuals with disabilities in the application process for
Federal employment; (2) reasonable accommodations that enable Federal employees with
disabilities to perform the essential functions of a position: and (3) reasonable accommodations
that enable Federal employees with disabilities to enjoy equal benefits and privileges of
equal to those
employment as are enjoyed by employees without disabilities, as required by the Rehabilitation
Act of 1973, as amended, it is hereby ordered as follows:
Section 1. Establishment of Effective Written Procedures for to Facilitate the Provision
of Reasonable Accommodation.
(a) Each Federal agency shall establish effective written procedures for processing
requests for reasonable accommodation. The procedures are applicable to all employees with
disabilities within the agency who request a reasonable accommodation. The agency may, in its
discretion, establish different procedures for different components of its agency.
(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 how an employee or job applicant initiates a request for reasonable
accommodation. If the agency requires an applicant or employee to complete a
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JUL-10
2000
reasonable accommodation request form, the form must be provided as an attachment to
the agency's written procedures.
2. Specify to whom the request must be submitted 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.
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.
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, 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. In the
case of reassignment to a lower graded position, the agency has the option of providing
Remove.
pay retention because the action is not for personal cause
8. Provide that reasonable accommodation denials should be in writing and
specify the reasons for denial.
2
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TEUD
10/15
9. OF Insure that systems of record keeping track. the processing of requests for
reasonable accommodation and maintain the confidentiality of medical information
received in accordance with applicable law and regulation.
individuals
10. State that Employees have the right to file a complaint in the event that their
requests for reasonable accommodation are denied.
spell out
Sec. 2. Submission of agency reasonable accommodation procedures to the EEOC.
from the date of this Order
Within one year, each agency shall submit its procedures to the EEOC for comment.
Each agency shall further submit to the EEOC any modifications to its reasonable
accommodation procedures at the time that those modifications are adopted, by the agency.
frell
Sed
3. Collective Bargaining Obligations.
out
In adopting their reasonable accommodation procedures, agencies must honor their
obligations to notify their collective bargaining representative(s) and bargain over such
procedures to the extent required by law.
spell
Sec G. Judicial Review.
This order is intended only to improve the internal management of the executive branch
and is not intended to, nor does it 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.
spell
Sec 8. Implementation.
The Presidential Task Force on the Employment of Adults with Disabilities shall be
responsible for developing and implementing guidance to effectuate the provisions of this ≡ order.
3
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202 595 7283 F.11/15
JUL-18-2000 13:25
UMU we
THE WHITE HOUSE,
4
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DRAFT
7-18-2000
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT:
Employing People with Significant Disabilities to Fill Federal Agency Jobs That
Can Be Performed at Alternate Work Sites, Including the Home
Cutting edge telecommunications technology has recently made it possible for customer
service "call/contact" centers to transmit voice and data to employees who are located at work
sites other than the call/contact centers, employers' headquarters, or other centralized locations.
Individuals employed as customer service representatives can work from their homes or any
other accessible off-site location just as if they were working in the call /contact centers
themselves. Technology also allows other types of work activities, such as the processing of
insurance claims and financial transactions, to be carried out from such alternate work stations.
As
Breause of this technology, many of these customer service centerand other work activities may
result
operate more efficiently at off-site work stations.
The unemployment rate of individuals with significant disabilities is among the highest of
disadvantaged groups in the nation. These individuals are an important untapped resource of
talent and skills, and a key element in the capacity to sustain our historic economic growth. The
increasing use of off-site work stations to carry out significant and competitive work activities
provides a critical new source of employment opportunities for individuals with significant
disabilities.
It is in the interest of the Federal government to utilize the skills of people with
significant disabilities by recruiting them for appropriate off-site, home-based employment
opportunities with Federal agencies, including employment as home-based customer service
representatives linked to Federal customer service call /contact centers.
To harness the power of new technologies to promote Federal sector employment of
people with significant disabilities and improve federal customer service representation I direct
executive departments and agencies as follows:
(a) Each head of an executive department or agency operating customer service call
/contact centers shall conduct a Basic Feasibility Study to identify positions that can be
relocated to home-based or other off-site facilities, and be filled by qualified individuals
with significant disabilities. This Basic Feasibility Study shall be completed and
submitted to the Secretary of Labor within 90 days of this memorandum.
(b) Each head of an executive department or agency shall also conduct an Expanded
Feasibility Study to identify the appropriateness of using home-based and other off-site
positions to carry out other specific work activities, such as the processing of insurance
07/19/00 WED 48 FAX
OGC-OMB
0009
claims and financial transactions, that could be accomplished by individuals with
significant disabilities. This Expanded Feasibility Study shall be completed and
submitted to the Secretary of Labor no later than 90 days from the date of this
memorandum.
(c) If the head of a department or agency determines it is feasible and appropriate to
establish home-based positions pursuant to the feasibility studies conducted under
paragraphs (a) and (b), such head shall develop a Plan of Action and Implementation
Guidelines that encourages the recruitment and employment of individuals with
significant disabilities for such positions
(d) The Plan of Action and Implementation Guidelines conducted and procedures
established pursuant to this section shall be submitted to the Secretary of Labor within
120 days from the date of this memorandum. The implementation of the approved plans
will be coordinated through the Secretary of Labor and the Director of the Office of
Personnel Management.
(e) In implementing this memorandum, agencies must honor their obligations to notify
their collective bargaining representatives and bargain over such procedures to the extent
permitted by law.
(f) This memorandum does not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its officers, its employees, or any
other person.
THE WHITE HOUSE,
2
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010
case
395
DRAFT
7-18-2000
11:00am
MEMORANDUM FOR THE HEADS OF ALL EXECUTIVE DEPARTMENTS AND
AGENCIES
SUBJECT:
Renewing the Commitment to Ensure that Federal Programs are Free from
Disability-Based Discrimination.
(ADA)
As we draw near the tenth anniversary of the Americans with Disabilities Act, we have
much to celebrate. This landmark civil rights law has increased opportunities for employment,
education, and leisure for millions of Americans. Our country is stronger as a result.
As we celebrate the ADA, we cannot forget that it was built on the solid foundation of
section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended in 1978, which
prohibits discrimination on the basis of disability in federal programs and activities. One
important goal of section 504 is for the federal government to set an example for the rest of the
country by being a model employer and providing exemplary service to its customers with
disabilities. While this goal remains constant, the nature and structure of government have
changed in the decades since the inception of section 504. New agencies have been formed,
while others no longer exist. Government is more efficient and doing more with less.
The time has come to reaffirm the federal government's commitment to ensuring that
agencies' programs are free from discrimination. The means we use to accomplish our goals
should be tailored to the changing nature of government.
(Dor)
(EEOC)
1 call upon the Department of Justice, the Equal Employment Opportunity Commission,
the Interagency Disability Coordinating Council (IDCC), and the Presidential Task Force on
Employment of Adults with Disabilities (PTFEAD) to provide leadership to ensure that all agencies meet a
common goal: to ensure that today's federal programs - including programs of employment -
continue to be readily accessible to and usable by persons with disabilities.
To meet this goal, I hereby direct all agencies to engage in & Five DOJ Year Plan. Under this
Five Year Plan, agencies will follow guidance to be provided by the Department of Justice and EEUC
the Equal Employment Opportunity Commission (EEOC) Nto evaluate agency programs,
activities, and facilities for compliance with sections 501 and 504 of the Rehabilitation Act, set
targeted goals consistent with priorities developed by the Department of Justice and the EEOC,
and implement all actions necessary to achieve those goals, within the next five years. As the
initial steps in the Five Year Plan, agencies are directed to do the following:
make all programs offered on their Internet and Intranet sites accessible to people
with disabilities by July 27, 2001; and
publish by various means, including by incorporation on all agency Internet home
07/19/00 WED 15:49 FAX
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011
pages, the name and contact information for the office(s) responsible for
Rehabilitation Act.
coordinating the agency's compliance with sections PTFEAD 501 and 504 of the
I furthermore direct the DoJ Department of Justice and the Equal Employment Opportunity
EEOC
Commission) in close consultation with the DCC and the Presidential Task Force on
Employment of Adults with Disabilities to develop priorities and establish for the Five-Year
Plan under which agencies will focus on specific programs or types of programs to ensure that
they are readily accessible to persons with disabilities.
I direct/the IDCC to coordinate executive agencies' efforts to make the federal
government's electronic and information technology accessible to persons with disabilities.
I designate the following persons to participate in the IDCC, in addition to those members
set out by statute (29 U.S.C. § 794c):
The Administrator of the General Services Administration
The Secretary of Defense
These steps will enable federal agencies to work together as they renew their ongoing
commitment to ensure that federal programs do not discriminate against people on the basis of
disability.
Nothing in this memorandum is intended in any way to limit the effect or mandate of
Executive Order 12250, which conveys certain authorities upon the Attorney General, or
Executive Order 12067, which conveys certain authorities upon the Chair of the Equal
EEOC.
Employment Opportunity Commission.
This memorandum is for the internal management of the executive branch and does not
create any right or benefit, substantive or procedural, enforceable by a party against the United
States, its agencies or instrumentalities, its officers or employees, or any other person.
THE WHITE HOUSE,
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reasonable accommodation request form, the form must be provided as an attachment to
the agency's written procedures.
2. Specify to whom the request must be submitted 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.
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.
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, 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. In the
case of reassignment to a lower graded position, the agency has the option of providing
pay retention because the action is not for personal cause.
8. Provide that reasonable accommodation denials should be in writing and
specify the reasons for denial.
-End ore offermite eligible
of
2
536/-5365
who
are
recisigned to F lower-greded position, U.S/C. the agency may provide
Fore employees Covered by
J
1'7 relention because the action is not for personal cause
JUL-20-2000 05.01
OF WILBOR
United States Department of the Interior
E
us Department of the Intendi
OFFICE OF THE SECRETARY
1999
MARCH
Washington, D.C. 20240
Mr. Mac Reed
Office of the General Counsel
JUL 19 2000
Executive Office of the President
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Reed:
Thank you for the opportunity to provide comments on four proposed documents addressing the
American Disabilities Act of 1990. We fully support the intent of the proposed actions. We
have one recommendation and we have one comment. Both are provided below:
Executive Order: "Increasing the Number of Qualified Individuals with Disabilities
Employed in the Federal Government"
Recommendation: Section 1(a) : Clarify the language to ensure that the hiring goal of
100,000 is not a quota. Revise the first line to read: The Federal Government should
strive to hire 1000,000....."
Memorandum: "Renewing the Commitment to Ensure that Federal Programs are Free
from Disability-Based Discrimination"
Comment: We are concerned that the first bullet of the draft Memorandum "Renewing
the Commitment...", which says, "Make all programs offered on their Internet and
Intranet sites accessible to people with disabilities..." if followed literally would greatly
reduce the impact and usefulness of many helpful web sites. There is no reason that
agencies should not be allowed to show charts and graphs just because a tiny fraction of
the population have trouble reading them -- it should be sufficient to make the
information available in other formats if needed. There is no reason that publications
should not be made available on the Internet just because they have not been redone
without the charts and pictures it should be sufficient to offer assistance to those who
need a different format.
If you have questions or need additional information, please call me on (202) 208-6193.
Sincerely,
Hael a. we
Hazel A. Wilson
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