Reasonable Accommodation

DOJ Reasonable Accommodation Policy and Instruction
Personal Assistant Services
Pregnant Workers Fairness Act
Additional Resources
Reasonable Accommodation Coordinators
Affirmative Action Plan

The Department of Justice (DOJ) provides reasonable accommodation to DOJ employees and job applicants for employment with the Department. A reasonable accommodation is a change in the work environment or how things are usually done that enables a qualified individual with a disability to apply for a job, perform the essential functions of a job, fully access the work environment and/or to enjoy equal access to the benefits and privileges of employment. Federal law requires that employers provide reasonable accommodation to qualified individuals with a disability, unless to do so would pose an undue hardship. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that they hold or seek, and who can perform the essential job functions with or without a reasonable accommodation.

If you need a reasonable accommodation for any part of the job application and hiring process, please notify the Human Resources specialist listed on the vacancy announcement, or contact the Human Resources Office at the location in which you are seeking employment. DOJ employees should contact their immediate supervisor or component Reasonable Accommodation Coordinator for assistance. Please also review the DOJ Reasonable Accommodation Policy and Instruction for more details on how to submit a request and other relevant guidance about the process.

DOJ Reasonable Accommodation Policy and Instruction

Executive Order 13164 directs all federal agencies to establish procedures to facilitate the provision of reasonable accommodations for employees and job applicants with disabilities. Pursuant to this Executive Order and our continuing obligations under the Rehabilitation Act of 1973, the Department has established the following policy and instruction to provide reasonable accommodation.

DOJ Policy Statement, Reasonable Accommodation,1100.01 (September 2019, as amended)

Sets forth Department of Justice (DOJ or Department) policies, roles, and responsibilities with respect to the provision of reasonable accommodations for employees and applicants with disabilities.

DOJ Instruction, Reasonable Accommodation Process, 1100.01.01 (September 2019, as amended)

Establishes the Department of Justice (DOJ or Department) process and procedures for providing reasonable accommodation to employees and applicants

Appendix

Personal Assistant Services

Federal agencies are required to provide personal assistant services (PAS) during working hours to qualified persons with disabilities, who need assistance with performing activities of daily living that an individual would typically perform if he or she did not have a disability, and that is not otherwise required as an accommodation. These services include, for example, assistance with removing and putting on clothing, eating, and using the restroom. Individuals should use the DOJ reasonable accommodation process to request PAS. For additional information about PAS, please visit: Questions & Answers: Federal Agencies’ Obligation to Provide Personal Assistance Services Under Section 501 of the Rehabilitation Act

Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. PWFA is a new law that requires covered employers, such as the Department, to provide reasonable accommodation to a worker’s known limitations due to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. Reasonable accommodation is a modification or adjustment to a job or the work environment to assist a qualified employee or a job applicant during the hiring process.

The U.S. Equal Employment Opportunity Commission (EEOC) is developing implementing regulations for the PWFA. All reasonable accommodation requests for pregnant workers at the Department should be submitted and processed in accordance with the DOJ Reasonable Accommodation Instruction and Component reasonable accommodation procedures. Employees and job applicants may also file complaints of discrimination alleging violation of PWFA occurring on June 27, 2023, or later, in accordance with existing Departmental complaint processing procedures.

The House Committee on Education and Labor Report on the PWFA provides several examples of reasonable accommodations for pregnant workers. Additional information on PWFA can be found on the EEOC’s website in guidance entitled: “What You Should Know About the Pregnant Workers Fairness Act.” Employees should contact their servicing Component Equal Employment Opportunity Office or Component Reasonable Accommodation Coordinator should they have questions about the PWFA. Applicants for employment should contact the servicing HR Office for the job vacancy.

Additional Resources

U.S. Equal Employment Opportunity Commission -- “Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA”
U.S. Department of Labor, Office of Disability Employment Policy -- Job Accommodation Network