EEOC Identifies Practices to Retain Persons with Disabilities at Federal Agencies

WASHINGTON – With the 51st anniversary of Section 501 of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission (EEOC) today released a report titled, “Retaining Persons with Disabilities in the Federal Workforce.”

Section 501 of the Rehabilitation Act protects persons with disabilities (PWD) from discrimination in federal sector employment. Further, Executive Order 13548 requires federal agencies to improve their efforts to retain employees with disabilities.

EEOC research published in 2022 established that PWD have lower retention rates in the federal agencies than persons without disabilities; the new report by the EEOC’s Office of Federal Operations, using three years of Management Directive 715 (MD-715) data and 156 model practices, identified a number of promising employment practices for improving PWD retention rates.

Three agency practices were significantly associated with better retention for PWD in fiscal year (FY) 2020. Retention was better where agencies had:

• Established procedures for disability reasonable accommodations (RA) complying with the EEOC’s regulations and guidance as of FY 2020.
• Established procedures for processing personal assistance services (PAS) requests complying with the EEOC’s regulations, enforcement guidance, and other applicable executive orders, guidance, and standards as of FY 2020.
• Posted procedures for processing PAS requests on the agency’s public website as of FY 2019 or FY 2020.

The findings support the EEOC’s 2017 final rule requiring federal agencies to provide PAS to eligible PWD. As defined in the rule, PAS are provided to PWD who need assistance with performing activities of daily living including for example, assistance with removing and putting on clothing, eating, and using the restroom. Such services do not, however, include medical care, and need not be provided by someone who has medical training or qualifications.

“As a model employer, the federal government greatly benefits from including persons with disabilities in its workforce,” said Dexter Brooks, associate director of the EEOC’s Office of Federal Operations. “This research shows the effectiveness of laws and regulations that make the workplace accessible to persons with disabilities. The promising practices identified can help federal agencies retain valuable talent.”

Based on the report’s findings and existing promising practices, the EEOC recommends that agencies ensure that they have:

• Established compliant RA procedures.
• Established compliant procedures for processing PAS requests.
• Procedures for processing PAS requests publicized to their employees and applicants on their public website.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Source: U.S. Equal Employment Opportunity Commission (EEOC.gov)