Personal Assistance Services Federal agencies’ obligation to provide personal assistance services (PAS) under Section 501 of the Rehabilitation Act

Introduction On Jan. 3, 2017, EEOC issued a Final Rule amending the regulations implementing Section 501 of the Rehabilitation Act of 1973. (29 C.F.R. §§ 1614.203, 601(f))

Section 501 Section 501 does 2 things: Prohibits discrimination Adopts ADA standards Requires affirmative action This is an affirmative action rule. Only applies to the federal government.

Background - Section 501 Update Gathers existing requirements into a single regulation Adds two new requirements Workforce Goals Personal Assistance Services Affirmative action requirements take the form of EEOC’s criteria for approval of the Affirmative Action Plan, in Section (d).

1614.203(d)- Affirmative Action Plan Requirements Hiring and Advancement Program Anti- Harassment Policy Reasonable Accommodation Accessibility of Facilities and Technology PERSONAL ASSISTANCE SERVICES Utilization Analysis GOALS Recordkeeping The affirmative action plan requirements are set out in paragraph (d) of the reg.

Personal Assistance Services Personal assistance services allowing employees to participate in the workplace 29 CFR 1614.203(d)(5)

Defining Personal Assistance Services Personal Assistant Services (PAS): means 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. (29 CFR 1614.203(a)(5))

What are Personal Assistance Services? Agencies are required to provide PAS as a form of affirmative action that goes beyond nondiscrimination obligations. Examples of PAS include assistance with removing and putting on clothing, eating, and using the restroom. PAS does not include medical services.

When must an agency provide PAS? Agencies Must provide PAS during work and job related travel if— The individual is an employee; The individual has a targeted disability; The individual requires PAS because of targeted disability; The individual will be 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 Providing PAS will not impose undue hardship on the agency.

Who is eligible to receive PAS? Targeted Disabilities - Subset of conditions considered disabilities under the Rehabilitation Act. Examples include: Blind or significant difficulty seeing; Deaf or significant difficulty hearing; Significant mobility impairment; Partial or complete paralysis; Significant Psychiatric Disorder; Traumatic Brain Injury Not everyone with a targeted disability will be entitled to PAS because only some people will need assistance with activities of daily living.

Obligation to provide PAS Agency is required to provide PAS to current employees and future employees. Agency is required to provide PAS during tele-work. Agency is required to provide PAS during employer- sponsored events such as a holiday party. PAS not required to help employees commute to work. PAS does not include assistance with performing job- related tasks.

The Difference: Personal Services Accommodation & Personal Assistance Services Non-discrimination requirement Job-related services enable individuals with disabilities to apply for the job, perform job functions, or enjoy benefits and privileges of the job. Note-taking Typing Filing Personal Assistance Services Affirmative action obligation Personal Assistance Services enable individuals with targeted disabilities to participate/be in the workplace Assistance with eating Putting on and taking off outerwear.

PAS Service Providers May be required to perform additional tasks May be assigned to multiple individuals May be employee or contractor Services must be a primary job function Not assigned to coworker

Selection of PAS Provider When choosing a provider for a single individual, primary consideration given to individual’s preferences to the extent permitted by law. (29 CFR 1614.203(d)(5)(iv)) The rule does not require that PAS providers have specialized medical training, and it will not be necessary in order to provide the kinds of services the rule requires.

Written Procedures (29 CFR 1614.203(d)(5)(v)) Agency must have written procedures for processing requests for personal assistance services. An agency may issue stand-alone procedures for PAS requests; or An agency may merge procedures for processing requests for PAS with existing RA procedures.

Sample PAS language for RA Procedures The process for requesting personal assistance services, the process for determining whether such services are required, and the agency’s right to deny such requests when provision of the services would pose an undue hardship are the same as for reasonable accommodation.

No Adverse Action (29 CFR 1614.203(d)(5)(iii)) Agency may not take adverse actions against job applicants or employees based on their need for, or perceived need for, personal assistance services.

Section 501 - Effective Date Agencies have to comply with the new requirements on Jan 3, 2018 Update reasonable accommodation procedures and have the procedures approved by EEOC; Issue written procedures to provide Personal Assistance Services raprocedures@eeoc.gov ADD text

Questions? Anupa.iyer@eeoc.gov