[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Rules and Regulations]
[Pages 63905-63906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30531]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 66, No. 238 / Tuesday, December 11, 2001 /
Rules and Regulations
[[Page 63905]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 302, 317, 330, 333, and 335
RIN 3206-AJ11
Reasonable Accomodation Requirements in Vacancy Announcements
AGENCY: Office of Personnel Management.
ACTION: Interim rule and request for comments.
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SUMMARY: The Office of Personnel Management (OPM) is issuing this
interim regulation to require a reasonable accommodation statement in
agency vacancy announcements. The intent of this action is to provide
language that agencies can use or modify to inform applicants with
disabilities that agencies offer reasonable accommodation.
DATES: These regulations are effective January 10, 2002. Comments must
be received on or before February 11, 2002.
ADDRESSES: Send written comments to Ellen E. Tunstall, Assistant
Director for Employment Policy, Office of Personnel Management, Room
6500, 1900 E Street NW. Washington, DC 20415-9500.
FOR FURTHER INFORMATION CONTACT: Linda Watson (Parts 302, 330, 333, and
335), 202-606-1252, Jacqueline Yeatman (Part 330, subpart G), 202-606-
2786; or Marcia Staten (Part 317), 202-606-1832.
SUPPLEMENTARY INFORMATION:
Background
Reasonable accommodation is an adjustment or alteration that
enables people with disabilities to apply for jobs, to gain access to
the work environment, to perform job duties, or to enjoy the benefits
and privileges of employment. Routinely, agencies provide services,
establish active recruitment programs and use selective placement
appointment authorities that focus on people with disabilities. Section
501 of the Rehabilitation Act of 1973 prohibits discrimination on the
basis of disability in Federal employment. The law requires Federal
employers to develop and implement affirmative action programs that
promote the hiring, placement, and advancement of people with
disabilities. It encourages employers to hire people with disabilities
in all grade levels and occupational series according to the
qualifications for the job and to provide reasonable accommodation when
appropriate.
Executive Order 13078, dated March 13, 1998, established the
National Task Force on Employment of Adults with Disabilities. The Task
Force received the assignment of creating and coordinating an
aggressive national policy to bring adults with disabilities into
gainful employment at a rate as close as possible to that of the
general adult population. To accomplish this the Task Force established
a Federal Personnel Review Workgroup comprised of representatives from
11 different Federal agencies.
The Workgroup found that vacancy announcements and other recruiting
materials of most Federal agencies did not include a reasonable
accommodation statement. The Workgroup recommended that OPM and the
Equal Employment Opportunity Commission work together in developing
reasonable accommodation language for vacancy announcements and revise
regulations to require all Federal agencies to include a reasonable
accommodation statement in vacancy announcements.
OPM issued a memorandum on March 2, 2000, instructing Federal
agencies to include a reasonable accommodation statement on all future
vacancy announcements. Executive Order 13164, dated July 26, 2000,
requires Federal agencies to establish procedures for reasonable
accommodation.
This interim rule includes minor changes to vacancy announcements
in the excepted service, Senior Executive Service, and competitive
service, including temporary and term positions, covered under 5 CFR
Parts 302, 317, 330, and 333. This interim rule includes guidance for
including reasonable accommodation language in Federal vacancy
announcements.
The revision of 5 CFR Part 330, subpart G adds ``Reasonable
accommodation statement'' to the list of items that must be included in
all vacancy announcements published on USAJOBS as required under 5 CFR
330.707. This change supports the requirement for specific information
on the vacancy announcement and establishes consistency in the
information USAJOBS provides to applicants about vacancies. OPM's
authority to require specific items in vacancy announcements for
competitive service positions is title 5 U.S.C. 3330.
The revision to 5 CFR 335 updates the reference to reflect changes
caused by the revision of 5 CFR 330, subpart G.
Recommended Reasonable Accommodation Statement
OPM recommends use of the following language in all future job
announcements.
``This agency provides reasonable accommodation to applicants with
disabilities where appropriate. If you need a reasonable accommodation
for any part of the application and hiring process, please notify the
agency. Determinations on requests for reasonable accommodation will be
made on a case-by-case basis.''
Modification of the Reasonable Accommodation Statement
Agencies may use wording of their choice that conveys the
availability of reasonable accommodation. The statement must not list
any specific type of medical condition or physical impairment as
appropriate for a reasonable accommodation request.
Processing Reasonable Accommodation Requests
Agencies should designate an individual as a contact for reasonable
accommodation requests. The contact must have sufficient knowledge
about the agency's internal procedures for reasonable accommodation
requests to prevent misinforming or frustrating the applicant with
disabilities. OPM suggests that agencies include a general phone
number, a TDD number, or email address for the contact.
Pursuant to Executive Order 13164, dated July 26, 2000, agencies
are required to develop their own procedures for processing reasonable
[[Page 63906]]
accommodation requests. These instructions should be in writing to
provide for consistency.
Waiver of Notice of Proposed Rulemaking
In accordance with section 553(b)(3)(B) of title 5 of the U.S.
Code, I find that good cause exists for waiving the general notice of
proposed rulemaking. An opportunity for public comment prior to issuing
this rule is unnecessary and contrary to the public interest. In
developing this regulation, OPM worked extensively with affected
stakeholders.
Regulatory Flexibility Act
I certify that these regulations would not have significant
economic impact on a substantial number of small entities because they
would only apply to Federal agencies and employees.
Executive Order 12866, Regulatory Review
This interim rule has been reviewed by the Office of Management and
Budget in accordance with Executive Order 12866.
List of Subjects in 5 CFR Parts 302, 317, 330, 333, and 335
Armed forces reserves, Government employees, Individuals with
disabilities.
U.S. Office of Personnel Management.
Kay Coles James,
Director.
Accordingly, OPM is amending parts 302, 317, 330, 333, and 335 of
title 5 of the Code of Federal Regulations as follows:
PART 302--EMPLOYMENT IN THE EXCEPTED SERVICE
1. The authority citation in part 302 continues to read as follows:
Authority: 5 U.S.C. 1302, 3301, 3302, 8151, E.O. 10577 (3 CFR
1954-1958 Comp., p. 218); Sec. 302.105 also issued under 5 U.S.C.
1104, Pub. L. 95-454, sec. 3(5); Sec. 302.501 also issued under 5
U.S.C. 7701 et seq.
2. In subpart A Sec. 302.106 is added to read as follows:
Subpart A--General Provisions
Sec. 302.106 Vacancy Announcements.
When an agency announces a vacancy in the excepted service, the
announcement must contain a reasonable accommodation statement that
complies with requirements in Sec. 330.707 of subpart G of this
chapter.
PART 317--EMPLOYMENT IN THE SENIOR EXECUTIVE SERVICE
3. The authority citation in part 317 is revised to read as
follows:
Authority: 5 U.S.C. 3392, 3393, 3393a, 3395, 3397, 3593, 3595
and 3596.
4. In Sec. 317.501, paragraph (b)(2) is revised to read as follows:
Subpart E--Career Appointments
Sec. 317.501 Recruitment and selection for initial SES career
appointment be achieved from the brightest and most diverse pool
possible.
* * * * *
(b) ***
(2) Before an agency can fill an SES vacancy by career appointment,
it must post a vacancy announcement in USAJOBS for at least 14 calendar
days, including the date of publication. Each agency's SES vacancy
announcement must comply with criteria in Sec. 330.707 of subpart G of
this chapter.
* * * * *
PART 330--RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL)
5. The authority citation for part 330 is revised to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302, 3327 and 3330; E.O. 10577,
3 CFR 1954-58 Comp., p.218.
Section 330.102 also issued under 5 U.S.C. 3327.
Subpart B also issued under 5 U.S.C. 3315 and 8151.
Section 330.401 also issued under 5 U.S.C. 3310.
Subpart G also issued under 5 U.S.C. 8337(h) and 8456(b).
Subpart K also issued under sec. 11203 of Pub. L. 105-33, 111
Stat. 738 and Pub. L. 105-274, 112 Stat. 2424.
Subpart L also issued under sec.1232 of Pub. L. 96-70, 93 Stat.
452.
Subpart G--Interagency Career Transition Assistance Plan for
Displaced Employees
6. In Sec. 330.707, paragraph (b)(14) is added to read as follows:
Sec. 330.707 Reporting vacancies to OPM.
* * * * *
(b)***
(14) Reasonable accommodation statement.
(i) An agency may use wording of its choice that conveys the
availability of reasonable accommodation. An agency must not list types
of medical conditions or impairments as appropriate for accommodation,
and must keep the wording simple.
(ii) We recommend using the following statement:
``This agency provides reasonable accommodation to applicants with
disabilities where appropriate. If you need a reasonable accommodation
for any part of the application and hiring process, please notify the
agency. Determinations on requests for reasonable accommodation will be
made on a case-by-case basis.''
PART 333--RECRUITMENT AND SELECTION FOR TEMPORARY AND TERM
APPOINTMENTS OUTSIDE THE REGISTER
7. The authority citation for part 333 continues to read as
follows:
Authority: 5 U.S.C. 1302, 3301, 3302, 3327, 3330; E.O. 10577, 3
CFR 1954-58 Comp., p. 218; section 333.203 also issued under 5
U.S.C. 1104.
8. Section 333.102 is revised to read as follows:
Sec. 333.102 Notice of job announcements to OPM.
Under 5 U.S.C. 3327, and 3330, agencies are required to report job
announcements to OPM when recruiting outside the register. This
requirement is implemented through Sec. 330.707 of subpart G of this
chapter.
PART 335--PROMOTION AND INTERNAL PLACEMENT
9. The authority citation in part 335 continues to read as follows:
Authority: 5 U.S.C. 3301, 3302, 3304(f), 3330; E.O. 10577, 3 CFR
1954-1958 Comp., p. 218; and Pub. L. 106-117.
10. Section 335.105 is revised to read as follows:
Sec. 335.105 Notice of job announcements to OPM.
Under 5 U.S.C. 3330, agencies are required to report job
announcements to OPM for vacancies for which an agency will accept
applications from outside the agency's work force. This requirement is
implemented through Sec. 330.707 of subpart G of this chapter.
[FR Doc. 01-30531 Filed 12-10-01; 8:45 am]
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