The Americans with Disabilities Act (ADA) turned 35 this summer. Although the ADA specifically excludes the federal government from its definition of an employer, this provision still serves federal employees with disabilities—including as employees. On the 35th anniversary of this landmark EEO legislation, we consider: What is the ADA’s effect on federal employees? And: What EEO protections do federal employees with disabilities have now?
Did President Trump End Equal Employment Opportunity (EEO) Protections and Affirmative Action for Federal Employees?
The second Trump Administration has not been shy about targeting DEIA (diversity, equity, inclusion, accessibility) and affirmative action initiatives. His first week back in office, President Trump issued Executive Order 14173—“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”—thereby revoking much of the equal employment opportunity (EEO) protections and affirmative action provisions for federal contractor employees. Namely, those on the basis of race, sex, gender identity, national origin, religion, sexual orientation, and ethnicity.
Fortunately for federal employees with disabilities, EEO protections for federal employees are statutory. Title VII of the Civil Rights Act of 1964 and the Rehabilitation Act of 1973 were both established by Congress: not executive order. The Equal Employment Opportunity Commission (EEOC), which enforces EEO provisions, was likewise created by an act of Congress. The EEOC cannot be dismantled by a president’s directive.
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What EEO Protections do Federal Employees with Disabilities Have?
Disability laws applicable to the federal government come from three main sources: The Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and Title II of the Genetic Information Nondiscrimination Act of 2008. The provisions federal employees most commonly encounter are Section 501 and the ADA.
The Rehabilitation Act of 1973, Section 501
The Rehabilitation Act applies chiefly to the federal government. It includes several sections, covering everything from federal employment protections to guaranteeing accessibility of Federal websites. Section 501 protects federal employees and applicants from discrimination in employment, establishes federal affirmative action obligations, and guarantees federal employees with disabilities the right to reasonable workplace accommodations.
Americans with Disabilities Act (1990)
The ADA is an expansive federal provision that protects the rights of people with disabilities beyond the federal government. In addition to private and state/local government employment, the ADA ensures accessibility in many aspects of life: from voting, to information technology, and parking.
Private employers, state and local governments, labor organizations, agencies, and unions are prohibited from discriminating against people with disabilities in all aspects of employment under the ADA. This includes hiring, compensation, and offering reasonable accommodations.
How does the ADA impact Federal Employees?
Both The Rehabilitation Act and the ADA help individuals with disabilities access equal employment opportunities (EEO). By guaranteeing the right to reasonable accommodations, many can compete in their workplaces and stay employed for longer.
The ADA specifically excludes the federal government from its definition of an employer. So, how does the ADA apply to federal employees?
Again, Section 501 is the provision that protects federal employees with disabilities from employment discrimination. Since its establishment in 1973, the Rehabilitation Act has been amended several times. Among the most significant followed from an amendment to the ADA.
Though the ADA does not apply directly to federal employees, the ADA now sets the standards and definitions for what qualifies as a disability under Section 501.
So, when the ADA definition of what qualifies as a disability expanded with the 2008 ADA Amendments Act, more people qualified as individuals with disabilities under Section 501. And, more people qualified for reasonable accommodations at work.
It is because of the ADA that so many federal employees with disabilities have the protections that they do. For example, a condition need not be permanent or always present under the ADA definition of disability. Episodic conditions, like relapsing-remitting multiple sclerosis (RRMS), qualify as a disability under the ADA. Thus, federal employees with RRMS are entitled to reasonable accommodations under Section 501.
Changing Technology and Workplace Accommodations
As technology evolves, workplaces evolve. Options for reasonable accommodations evolve, too. When the COVID pandemic made remote work more accessible, many individuals with disabilities had far easier access to workplace accommodations. For others with disabilities, the migration of the workplace to a computer screen brought new accessibility barriers.
Technology will keep changing the workplace. What has not changed is this: it is the responsibility of the federal government to ensure the accessibility of its workplaces to people with disabilities.
Federal employment is subject to laws and regulations that differ significantly from those in the private sector; consulting with a federal employment lawyer can make all the difference. Tully Rinckey’s team of dedicated federal employment attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.
Heather Tenney, Esq. is a Partner in Tully Rinckey PLLC’s military and national security law and the federal employment law practice groups, where her experience as a litigation and advocacy attorney with the U.S. Army adds to the number of qualified attorneys within the firm’s practice. Heather possesses years of experience representing officers and enlisted service members in complex legal matters, including courts-martial, adverse command actions against troops such as administrative separations, Article 15 matters, and other forms of non-judicial punishments. She also served as a Claims Attorney with the U.S. Army Claims Service and was responsible for adjudicating torts claims filed against the Army.
