Employment nondiscrimination requirements

Yes—2205.140 protects any "qualified individual with a disability" from being discriminated against in employment in programs or activities conducted by the agency.

• This covers applicants and employees of the federal program or activity the agency runs.
• The rule incorporates the definitions and procedures of section 501 of the Rehabilitation Act as implemented by the EEOC, so the terms "qualified individual" and "disability" are defined under those authorities and applied here.

(See Part 2205 overview for the part context.)

A qualified individual with a disability is someone who meets the essential requirements of the job with or without reasonable accommodation, as applied through section 501 and EEOC rules referenced by 2205.140.

• In plain language: if an applicant or employee can perform the fundamental duties of the position either as-is or after reasonable changes (accommodations), they are "qualified."
• The specific legal definitions and examples come from section 501 of the Rehabilitation Act and the EEOC’s regulations and guidance that 2205.140 adopts for employment matters.

Yes—2205.140 incorporates section 501 of the Rehabilitation Act and EEOC rules, which require reasonable accommodations unless doing so would impose an undue hardship.

• Examples of reasonable accommodations include adjusting work schedules, modifying equipment, providing assistive technology, or changing how a job task is performed.
• If an accommodation would cause significant difficulty or expense relative to the agency’s resources (an undue hardship), the agency may lawfully deny that specific accommodation, but should try to find an effective alternative.

(Agencies should follow the EEOC’s procedures for the interactive process referenced in 2205.140.)

Yes—2205.140 adopts the procedures of section 501 and EEOC regulations, which allow limited medical inquiries and documentation when they are job-related and consistent with business necessity.

• Agencies should only request medical information that is necessary to determine the existence of a disability or the need for accommodation.
• Medical information must be kept confidential and stored separately from regular personnel files, in accordance with EEOC procedures incorporated by 2205.140.

Discrimination under 2205.140 includes any adverse employment action taken because of a disability—for example, refusing to hire, firing, demoting, denying promotion, or denying reasonable accommodations.

• The rule applies to all terms, conditions, and privileges of employment in the agency’s programs or activities.
• The definitions and enforcement procedures come from section 501 of the Rehabilitation Act and the EEOC regulations that 2205.140 adopts.

Follow the complaint procedures established by section 501 of the Rehabilitation Act and the EEOC (as incorporated by 2205.140); typically that means contacting the agency’s EEO office or following the EEOC’s administrative complaint steps.

• Start by notifying your agency EEO or human resources office as soon as possible and follow the agency’s internal procedures.
• If internal remedies do not resolve the issue, the EEOC procedures that 2205.140 references explain how to file an administrative complaint and appeal options.

Yes—2205.140 protects qualified individuals with disabilities from discrimination in employment, which includes protections for applicants as well as current employees.

• This means applicants cannot be denied hiring or reasonable application-related accommodations because of a disability.
• Accessibility of the application process (including electronic systems) should be considered part of complying with the requirement that applications not discriminate on the basis of disability.

Yes—2205.140 adopts the protections of section 501 and EEOC procedures, which include protection against retaliation for filing complaints, requesting accommodations, or participating in investigations.

• Retaliation in response to an employee’s protected activity (complaining about discrimination, requesting accommodations, or cooperating in an investigation) is covered and actionable.
• If you believe you experienced retaliation, follow the agency’s EEO complaint process referenced in 2205.140.

The agency must apply and follow the enforcement framework of section 501 of the Rehabilitation Act as implemented by the EEOC, and 2205.140 directs compliance with those EEOC procedures for employment matters.

• Practically, employees use the agency’s EEO processes and the EEOC complaint procedures derived from section 501.
• The Occupational Safety and Health Review Commission must ensure its employment actions comply with 2205.140, which incorporates the EEOC’s enforcement approach.

Yes—2205.140 incorporates section 501 and EEOC rules, which allow denial of a requested accommodation when it would impose an undue hardship on the agency.

• "Undue hardship" generally means a significant difficulty or expense in light of the agency’s size, resources, and the nature of its operations.
• Agencies should document why an accommodation is an undue hardship and, where possible, propose alternative accommodations that would be effective.

Supervisors should promptly engage in the interactive process and involve the agency’s EEO or HR office, as the requirements and procedures of section 501 (adopted by 2205.140) apply.

• Steps: acknowledge the request, discuss the employee’s limitations and needed accommodations, request only necessary medical information, explore effective accommodations, and document the process and decisions.
• If the supervisor is unsure, contact the agency’s EEO/HR specialists to ensure compliance with the procedures referenced in 2205.140.

Yes—2205.140 does not protect poor performance that is unrelated to disability; adverse actions based on legitimate, documented performance issues are lawful provided they are not a pretext for disability discrimination.

• Before taking adverse action, assess whether performance problems are connected to a disability and whether reasonable accommodations could address them.
• Document performance issues, efforts to provide accommodations, and the rationale for any disciplinary action to show it is not discriminatory under the framework adopted by 2205.140.

Yes—while 2205.140 focuses on employment nondiscrimination, the part title includes accessibility of Commission electronic and information technology, and the rule requires the agency to follow section 501/EEOC procedures—which support providing accessible systems and reasonable accommodations for EIT used in recruitment, hiring, and job performance.

• Practically, this means recruitment portals, application systems, and workplace software should be accessible or alternative methods provided when necessary.
• If an employee or applicant needs an accessible format or assistive technology, treat that request as a reasonable accommodation under the procedures referenced in 2205.140.

Yes—2205.140 adopts the section 501/EEOC framework, which requires that medical and disability-related records be kept confidential and maintained separately from general personnel files.

• Only those with a need to know (supervisors, HR, EEO, or first-aid personnel in limited circumstances) should have access to this information.
• Properly labeling and securely storing medical records helps meet the confidentiality expectations incorporated by 2205.140.

No—2205.140 applies to employment in programs or activities conducted by the federal agency (the Occupational Safety and Health Review Commission); it incorporates federal section 501 procedures rather than applying directly to state or local governments.

• State and local government employees have related protections under Title I of the Americans with Disabilities Act or other federal/state laws, but 2205.140 governs employment actions in the Commission’s federally conducted programs and activities.
• If you work for a state or local employer, check the ADA and your state laws for the specific rules that apply to you.

Agencies should retain documentation consistent with section 501 and EEOC procedures that 2205.140 incorporates—this includes records of accommodation requests, interactive-process notes, medical documentation (kept confidentially), and complaint filings and outcomes.

• Keep clear records of the request date, the conversations held, what accommodations were considered, the agency’s decision and rationale, and any alternative accommodations offered.
• Proper recordkeeping supports legal compliance and helps resolve disputes should a complaint be filed under the procedures referenced in 2205.140.

Yes—2205.140 incorporates the definitions and protections of section 501/EEOC, and individuals with temporary or intermittent impairments may qualify as having a disability if the condition substantially limits a major life activity or is treated as such.

• Each case is fact-specific: assess whether the limitation is substantial and consider reasonable accommodations that address intermittent or short-term needs.
• If unsure whether a condition qualifies, follow the EEOC-guided evaluation process referenced in 2205.140.

No—2205.140 prohibits employment practices that discriminate on the basis of disability, including neutral job qualifications that have an unjustified disparate impact and are not job-related or necessary for the position, unless required by law.

• If a qualification is genuinely an essential requirement, the agency should document why it is essential and consider reasonable accommodations.
• When a qualification is not essential, the agency should modify it or provide reasonable accommodation where appropriate, following the section 501 procedures incorporated by 2205.140.