While the provision of a personal assistant generally has not been considered a “reasonable” accommodation required by disability nondiscrimination laws, federal employers may soon have to make such accommodations for workers with disabilities.
In a Notice of Proposed Rulemaking scheduled to be published in the Federal Register Feb. 24, the U.S. Equal Employment Opportunity Commission said it wants to require agencies to “provide personal assistants to employees who, because of disabilities, require such assistance in order to be at work or participate in work-related travel, unless the provision of such services would impose an undue hardship on the agency.”
Assistance with job-related tasks has long been considered reasonable under the feds’ Americans with Disabilities Act equivalent — Section 501 of the Rehabilitation Act of 1973 — but the EEOC proposal would extend the accommodation requirement to assistance with eating or using the restroom. The provision of medical care, however, would not be required.
Agencies could require these personal assistants to perform other tasks at work or to perform tasks for more than one disabled employee under the proposed rules. “[A]n agency might be able to satisfy this requirement by, for example, hiring a pool of personal assistants (either solely for assistance tasks or for assistance tasks and other professional services) throughout the agency or at a particular location,” EEOC suggested.
The NPRM also proposes a hiring goal for federal employers. Section 501 requires the federal government to take affirmative action for workers with disabilities but does not make clear how it should do so. EEOC’s proposal would require agencies to adopt a 12-percent representation rate goal for individuals with disabilities, and a 2-percent sub-goal for individuals with certain targeted and severe disabilities.
The U.S. Department of Labor instituted a 7-percent goal for federal contractors in 2014, which survived a challenge in a federal appeals court. (See Appeals Court Upholds Disability Hiring Goal for Contractors.) EEOC announced its plan to consider a similar goal just weeks later. (See EEOC Plans New Rule on Disability Hiring Goal for Federal Employers.)
“The federal government has a special responsibility to lead by example in serving as a model employer for people with disabilities in the workforce,” said EEOC Chair Jenny Yang in a statement. “This proposal offers concrete steps and accountability mechanisms to promote employment and advancement opportunities for people with disabilities, including individuals with targeted or severe disabilities.”
The public may submit comments until April 25 through http://www.regulations.gov/.