DOD Directive 1440.1, DOD Civilian Equal Employment Opportunity Program - At sub-section 5.2.7, the Secretary of Defense assigns to the Heads of DOD Components the responsibility to "ensure fair, impartial, and timely investigation and resolution of complaints of discrimination in employment, including complaints of sexual harassment" by implementing the procedures outlined in sub-section 6.2.4 (page 8). Each DOD Component, therefore, has its own discrimination complaint program and process, to include the issuance of final agency decisions and the payment of judgements, when appropriate.
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Personnel Assistance Services
Background
29 Code of Federal Regulations (C.F.R.) § 1614.203(d)(5), the implementing regulation for the Rehabilitation Act of 1973, as amended, defines PAS as “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 a reasonable accommodation, including, for example, assistance with removing and putting on clothing, eating, and using the restroom.”
On Jan. 3, 2017, the Equal Employment Opportunity Commission issued a final rule amending the regulations implementing Section 501 of the Rehabilitation Act of 1973. The amended regulations require federal agencies to provide Personal Assistance Services, absent undue hardship, to individuals who need them because of their targeted disability. In addition, DHA managers/supervisors shall not discriminate against individuals in employment decisions based on their need for PAS.
Eligibility
A DHA employee may be eligible for PAS, during work hours and/or when on work-related travel, if the following conditions apply if the individual:
- Is an employee of the agency;
- Has a targeted disability;
- Requires the PAS because of a targeted disability;
- 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
- Receiving PAS will not impose undue hardship on the agency.
Notably, applicants for employment with DHA are not eligible for PAS; however, such applicants may request a reasonable accommodation.
Enforcement
Employees requesting PAS shall notify their supervisor and/or their servicing Reasonable Accommodation Program to initiate the process. In order to address requests for PAS, employees and/or supervisors shall contact the DHA Reasonable Accommodation Program at: dha.ncr.eeo.mbx.dpm@health.mil.
Reasonable Accommodation Procedures
Per 29 C.F.R. § 1614.203(d)(3) & MD-715, Section I, Element C, Federal agencies must establish and post their procedures for providing reasonable accommodations for individuals with disabilities.
Affirmative Action Plan
Per Section 501 of the Rehabilitation Act of 1973 & MD-715, Requires federal agencies to post their Affirmative Action Plan for the recruitment, hiring, advancement, and retention of individuals with disabilities on their public website.