Questions & Answers: : Federal Agencies’ Obligation to Provide Personal Assistance Services Under Section 501 of the Rehabilitation Act

This technical assistance document was issued upon approval of the Chair of the U.S. Equal Employment Opportunity Commission.

Questions & Answers: : Federal Agencies’ Obligation to Provide Personal Assistance Services Under Section 501 of the Rehabilitation Act

This document provides practical information for federal agencies in complying with the regulatory affirmative action obligation to provide personal assistance services to certain employees who need them because of a disability.

The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.

September 18, 2017

On January 3, 2017, the Equal Employment Opportunity Commission (EEOC or Commission) amended the regulations implementing Section 501 of the Rehabilitation Act of 1973 (Section 501), the law that prohibits the federal government from discriminating in employment on the basis of disability and requires it to engage in affirmative action for people with disabilities.

As part of the agencies' obligation to engage in affirmative action, federal agencies are required by the new regulations to provide Personal Assistance Services (PAS) to individuals who need them because of certain disabilities. See 29 C.F.R. § 1614.203(d)(5). PAS are services that help individuals who, because of targeted disabilities, require assistance to perform basic activities of daily living, like eating and using the restroom. This document answers some of the most common questions about this new regulatory requirement.

Background

1. What do the new regulations say about PAS? The regulations require federal agencies to provide PAS, in addition to reasonable accommodations, to certain employees who have targeted disabilities unless doing so would impose an undue hardship on the agency. They also state that an agency cannot discriminate against an individual based on the need for PAS.
2. Why do the regulations include the requirement to provide PAS? Some individuals with targeted disabilities cannot work unless PAS are provided to them in the workplace. The services will allow such individuals to enjoy the opportunity and independence offered by paid employment. They also will reduce the amount of taxpayer funds spent on public disability benefits by allowing such individuals to receive paid jobs in the competitive workplace.
3. When must agencies start complying with the new PAS requirement? Agencies will be required to provide PAS beginning on January 3, 2018, one year after the regulations were issued. This is called the "applicability date." The delayed applicability date will allow agencies to modify their existing practices. EEOC will provide agencies with training and technical assistance during the time leading up to the applicability date.
4. Are there any reporting requirements regarding the agency's implementation of the PAS procedures? Yes. Each agency will be required to prepare annually, and submit to EEOC for approval, an affirmative action plan that includes a copy of its PAS procedures and information on its efforts to implement them.

Do the New Regulations Apply to My Organization?

What Are PAS?

When Must an Agency Provide PAS?

• the individual is an employee of the agency;
• the individual has a targeted disability;
• the individual requires the services because of his or her targeted disability;
• the individual will be able to perform the essential functions of the job, without posing a direct threat to safety, once PAS and any required reasonable accommodations have been provided; and
• providing PAS will not impose undue hardship on the agency.

Who Will Perform the Services?

What Is the Process for Getting PAS?

• the requestor is not an employee of the agency;
• the requestor does not have a targeted disability;
• the targeted disability does not create a need for PAS;
• the requester is not able to perform the essential functions of the job, even with PAS and any reasonable accommodations;
• the requester would create a direct threat to safety on the job, even with PAS and any reasonable accommodations; or
• providing PAS would impose undue hardship on the agency.