EEOC ISSUES PROPOSED RULE ON APPLICATION OF THE ADA TO THE FEDERAL SECTOR WORKFORCE

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued a Notice of Proposed Rulemaking (NPRM) to clarify the application of the employment provisions of the Americans with Disabilities Act of 1990 (ADA) to federal government workers.  The text of the NPRM is scheduled for publication in today's Federal Register and is also available on the Commission's web site at www.eeoc.gov.

"This proposed rule will assure that federal employees have the same rights as all other employees to be free of disability discrimination," said EEOC Chairwoman Ida L. Castro.  "This represents another step in our ongoing effort to improve the federal sector EEO complaint system and make it a model for employers nationwide."

When Title I of the ADA (employment provisions) was enacted, some of the legal requirements of the ADA differed from the Rehabilitation Act, even though the two laws shared the same purpose: ending employment discrimination based on disability. In 1992, Congress made the laws the same by amending the Rehabilitation Act to apply the ADA standards to federal employment.

This NPRM  proposes to update the EEOC's Rehabilitation Act regulation to incorporate this change.  It is responsive to feedback from federal stakeholders seeking clarification, especially on the topic of reassignment. The proposed regulation would highlight changes in the law, for example:

• The ADA provides that reassignment is a reasonable           accommodation subject only to the limit of undue           hardship.  The regulatory limits on reassignment of           federal employees with disabilities, formerly included           in 29 C.F.R. § 1614.203(g), have been deleted.
• The ADA defines the term "direct threat," providing           that an employer may disqualify an individual from           employment based on health or safety concerns only if           the employer can demonstrate that the person poses "a           significant risk of substantial harm" to self or           others, even with reasonable accommodation.  Under the           old Section 501 regulation, the individual was required           to prove that he/she could safely perform his/her job,           as part of establishing that he/she was a "qualified           individual with a disability."

The application of the ADA's nondiscrimination standards has no impact on federal affirmative action obligations or programs.

"We are eager for federal agencies and individuals with disabilities to review this proposed rule and offer constructive comments in accordance with the rulemaking process," said Chairwoman Castro.  "We will carefully review and give serious consideration to all public comments as a final rule is drafted."

Public comments must be submitted by May 1, 2000, to the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 1801 L Street, N.W., Washington, D.C.  20507.

Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms and conditions of employment.  Section 501 of the Rehabilitation Act prohibits employment discrimination against employees and applicants with disabilities in the federal sector.

In addition to the ADA and the Rehabilitation Act, the EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, and national origin; the Age Discrimination in Employment Act, which prohibits discrimination against individuals 40 years of age or older; sections of the Civil Rights Act of 1991; and the Equal Pay Act.  Further information about EEOC is available on the agency's web site (www.eeoc.gov).