Section 501 of the Rehabilitation Act of 1973
Section 501 is a legal statute passed by Congress which mandates that federal agencies ensure equal employment opportunities for persons with disabilities. Key provisions include:
- Nondiscrimination: The federal government cannot discriminate against applicants or federal employees with disabilities in the hiring, training, promotion, compensation, or other terms of employment. This can require the provision of reasonable accommodations.
- Model Employer: The federal government must be a model employer of people with disabilities, which requires agencies to take affirmative action to promote the recruitment, hiring, and advancement of qualified persons with disabilities.
- Affirmative Action Plans: Federal agencies must have written affirmative action plans outlining the recruitment and advancement of people with disabilities in federal employment, including specific steps for hiring and advancement, anti-harassment policies, reasonable accommodation procedures, accessibility of facilities and technology, provision of personal assistance services. Agencies must commit to a goal of at least 12% of employees being people with disabilities.
Schedule A Basics
Schedule A is a hiring authority that allows federal agencies to hire qualified persons with an intellectual, severe physical, or a psychiatric disability on a non-competitive basis, circumventing the lengthy traditional hiring process. The Schedule A Checklist and The ABCs of Schedule A include additional information on the Schedule A process.
Federal Sector EEO Complaint Process
Federal employees who believe they have been discriminated against on the basis of their disability can file a complaint. To begin the complaint process, the federal employee or applicant must contact their agency’s EEO Counselor (not the EEOC) within 45 days of the alleged discrimination. The EEO Counselor will offer EEO counseling or an alternative dispute resolution (ADR) program, like mediation, in most cases. If the dispute is not resolved through EEO counseling or ADR, to continue the EEO process, the employee or applicant must file a formal discrimination complaint against the agency with the agency’s EEO office within 15 days of receiving notice on how to file from the agency’s EEO Counselors.
The Overview Of Federal Sector EEO Complaint Process and How to File a Complaint of Discrimination Infographic detail the next steps and options in the EEO administrative complaint process after the formal complaint of discrimination is filed. Complainants should carefully review this information and pay close attention to all deadlines, as they are short.
Unionized Employees
Unionized federal employees with disabilities may have additional rights and protections under their Collective Bargaining Agreement (CBA), including possible additional grievance or arbitration procedures or stronger protections against discrimination. Unionized employees should review their CBA closely for additional information.
