EEOC issued a final rule on the application of the ADA standards to federal work

[Guest guest]

FYI

Mike Savory (found internet access)

The following information is forwarded to you by the Great Lakes ADA Center

for your information:

The EEOC issued a final rule on the application of the ADA standards to

federal workers on May 21, 2002. A copy of the press release can be found

below.

Link to the actual rule found on the federal register web site at:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register &

docid=fr21my02-8

(very long URL...cut and paste into your browser)

Link to press release printed in entirety below:

http://www.eeoc.gov/press/5-21-02.html

The U.S. Equal Employment Opportunity Commission

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FOR IMMEDIATE RELEASE Contact: Ann Colgrove

May 21, 2002 Janet V. Elizondo

(202) 663-4900

TTY: (202) 663-4494

EEOC ISSUES FINAL RULE ON APPLICATION OF ADA STANDARDS TO THE FEDERAL

WORKFORCE

New language in the EEOC Regulations on the Rehabilitation Act of 1973 applies

employment nondiscrimination standards of the ADA to federal government

employees

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today

announced the publication of a final rule to clarify the application of the

employment provisions of the Americans with Disabilities Act of 1990 (ADA) to

federal government workers.

" These changes to the Commission's regulations will promote consistent

enforcement of the Rehabilitation Act of 1973 and Title I of the Americans

With Disabilities Act of 1990, " said EEOC Chair Cari M. Dominguez. " They will

also promote the goal of increasing the employment of individuals with

disabilities in the federal government and ensure that the federal government

continues to serve as a model employer of individuals with disabilities. "

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. Congress subsequently amended the Rehabilitation Act, applying the

ADA standards to federal employment.

This final rule implements the amendments to section 501 of the Rehabilitation

Act and updates the EEOC's Rehabilitation Act regulation in 29 C.F.R.

1614.203. Final rule highlights include:

The final rule incorporates by reference the EEOC's ADA regulation, at 29

C.F.R. Part 1630.

The regulatory limits on reassignment of federal employees with disabilities

as a reasonable accommodation, formerly included in 29 C.F.R. 1614.203(g),

have been deleted, and the ADA standard will now be applied.

The final rule amends the federal sector disability regulation, 29 C.F.R.

1614.203, and sets forth the obligation of the federal government to be the

" model employer of individuals with disabilities. "

The application of the ADA's nondiscrimination standards has no impact on

federal affirmative action obligations or programs.

EEOC published a Notice of Proposed Rulemaking (NPRM) on the amendments to its

old section 501 regulation in the Federal Register on March 1, 2000. The

Commission subsequently received 15 comments. They included comments from

federal agencies, federal unions, advocacy groups representing persons with

disabilities, one from a group representing employment attorneys and one from

a state agency. After careful consideration of the comments, EEOC approved the

revised final rule in accordance with the federal rulemaking process.

The text of the final rule and other information about the EEOC is available

on the agency's web site at www.eeoc.gov. In addition to enforcing the

Rehabilitation Act of 1973's prohibitions against disability discrimination in

the federal government, the EEOC enforces the employment provisions of the

Americans with Disabilities Act, which prohibits employment discrimination

against people with disabilities in the private sector and state and local

governments; 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; the Equal Pay Act; and

sections of the Civil Rights Act of 1991.

Mike Savory

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