Civil Service FAQ Workplace Rights and Protections 2 — Questions and Answers
Question 1: Which federal law prohibits discrimination against federal employees on the basis of disability and requires reasonable accommodation?
- The Family and Medical Leave Act (FMLA)
- The Rehabilitation Act of 1973 (Correct answer)
- The Americans with Disabilities Act (ADA)
- Executive Order 11478
Correct answer: The Rehabilitation Act of 1973
The Rehabilitation Act of 1973, not the ADA, is the primary law prohibiting disability discrimination in federal employment. Section 501 of the Act requires federal agencies to take affirmative action in hiring and promoting individuals with disabilities and to provide reasonable accommodation.
While the ADA covers private employers with 15+ employees, the Rehabilitation Act of 1973 (Section 501) applies to federal agencies as employers. The ADA Amendments Act of 2008 expanded the definition of disability, and by regulation this broader definition also applies under the Rehabilitation Act. Federal agencies must engage in the interactive process when an employee requests accommodation, provide effective accommodations unless doing so creates an undue hardship, and not discriminate in any term, condition, or privilege of employment on the basis of disability.
Question 2: What is a 'reasonable accommodation' in the context of federal disability employment law?
- Any modification that an employee requests, regardless of cost or operational impact
- A modification to a job, work environment, or the way work is performed that enables a qualified person with a disability to perform the essential functions of the job (Correct answer)
- A financial payment made to a disabled employee in lieu of structural workplace changes
- A 30-day leave period automatically granted when a disability is diagnosed
Correct answer: A modification to a job, work environment, or the way work is performed that enables a qualified person with a disability to perform the essential functions of the job
A reasonable accommodation is any change to the application or hiring process, work environment, job duties, or the way work is performed that allows a qualified person with a disability to perform the essential functions of the job or enjoy equal employment benefits.
Under the Rehabilitation Act and EEOC's implementing regulations (29 C.F.R. Part 1630), reasonable accommodations include modifications such as adjusted work schedules, telework, adaptive equipment, reassignment to a vacant position, modified policies, or accessible facilities. Accommodations are not required if they impose an 'undue hardship' — a significant difficulty or expense in relation to the agency's resources and operations. The key test is whether the accommodation is needed to perform the essential functions of the position.
Question 3: Under the Federal Employees' Compensation Act (FECA), what type of injuries are covered?
- Only injuries occurring in the physical federal building or worksite
- Injuries sustained in the performance of duty, including diseases caused by employment conditions, without regard to fault (Correct answer)
- Injuries occurring during the commute between home and the federal workplace
- Only injuries severe enough to result in more than three days' absence from work
Correct answer: Injuries sustained in the performance of duty, including diseases caused by employment conditions, without regard to fault
FECA provides workers' compensation benefits to federal employees for job-related injuries and diseases sustained in the performance of duty, regardless of whether the employee or government was at fault.
Administered by the Department of Labor's Office of Workers' Compensation Programs (OWCP), FECA (5 U.S.C. Chapter 81) covers traumatic injuries occurring in the performance of duty, occupational diseases caused by work conditions, and death benefits for survivors of employees killed on the job. The 'performance of duty' standard covers more than just the physical workplace — it includes off-site work activities authorized by the agency. Normal commutes are generally not covered, but travel between duty stations or travel required for work is. FECA benefits include medical treatment, wage-loss compensation (at 2/3 or 3/4 of pay), and vocational rehabilitation.
Question 4: What is the Equal Employment Opportunity (EEO) complaint process timeframe for initiating informal counseling after a discriminatory event?
- 15 calendar days from the discriminatory act or effective date
- 45 calendar days from the discriminatory act or effective date (Correct answer)
- 90 calendar days from the discriminatory act
- 180 days, consistent with the Title VII private-sector filing window
Correct answer: 45 calendar days from the discriminatory act or effective date
Federal employees must contact an EEO Counselor within 45 calendar days of the discriminatory act (or the date they knew or should have known of the act) to initiate the informal counseling process under 29 C.F.R. Part 1614.
EEOC's federal sector EEO regulations (29 C.F.R. § 1614.105) require the 45-calendar-day contact to initiate informal EEO counseling. This is a strict jurisdictional requirement — missing it can result in dismissal of the complaint. After informal counseling (45 days or up to 90 with extension), if unresolved, the employee files a formal complaint within 15 days of receiving the Notice of Right to File. This is distinct from the private-sector Title VII process, which requires an EEOC charge within 180 or 300 days.
Question 5: Which federal agency enforces prohibited personnel practice complaints filed by most federal employees?
- Merit Systems Protection Board (MSPB)
- Equal Employment Opportunity Commission (EEOC)
- Office of Special Counsel (OSC) (Correct answer)
- Office of Personnel Management (OPM)
Correct answer: Office of Special Counsel (OSC)
The Office of Special Counsel (OSC) is the independent federal agency that investigates prohibited personnel practice complaints, including retaliation against whistleblowers, and may seek corrective action from MSPB or file disciplinary action referrals.
Established by the Civil Service Reform Act of 1978 and given independent status, OSC (5 U.S.C. Chapter 12) receives and investigates disclosures of wrongdoing, alleged prohibited personnel practices (5 U.S.C. § 2302), and Hatch Act complaints. When OSC finds merit, it may seek corrective action through MSPB or discipline through the Special Counsel's disciplinary action process. MSPB adjudicates adverse actions but does not proactively investigate prohibited practices. EEOC handles employment discrimination complaints, not prohibited personnel practices.
Question 6: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), what reemployment right does a returning service member have after completing a period of active duty lasting more than 90 days?
- Reemployment in the same position, regardless of how long the absence was
- Reemployment in the position the employee would have attained had continuous employment not been interrupted (the 'escalator principle') (Correct answer)
- Reemployment in an entry-level position with a new probationary period
- Reemployment rights only if the employer chooses to exercise the option voluntarily
Correct answer: Reemployment in the position the employee would have attained had continuous employment not been interrupted (the 'escalator principle')
Under USERRA's 'escalator principle,' a returning service member is entitled to reemployment in the position they would have attained had their employment not been interrupted by military service — including any promotions, pay increases, or seniority that would have occurred during the absence.
38 U.S.C. § 4313 establishes reemployment rights based on length of service. For absences over 90 days, the employer must reemploy the person in the position they would have held if continuously employed (the escalator position), or a position of like seniority, status, and pay if they are not qualified for the escalator position after reasonable efforts by the employer to qualify them. Federal agencies are covered by USERRA and must implement its protections. The Department of Labor's Veterans' Employment and Training Service (VETS) investigates USERRA complaints.
Civil Service FAQ Workplace Rights and Protections 2
Which federal law prohibits discrimination against federal employees on the basis of disability and requires reasonable accommodation?