Getting hired does not resolve every barrier to staying at work. EEOC's January 3, 2017 final rule addresses that distinction for federal agencies covered by Section 501 of the Rehabilitation Act. Alongside affirmative-action planning, it requires plans to provide personal assistance services during work hours and job-related travel when the specified conditions are met. [2016-31397]
The employee must need the services because of a targeted disability. Together with required reasonable accommodations, the assistance must enable performance of the position's essential functions, without imposing undue hardship on the agency. Help with eating or using the restroom illustrates the service; medical care is not included. This is practical workplace support, not a replacement for the employee's job responsibilities. [2016-31397]
The February 2016 proposal had already framed federal employment duties as going beyond nondiscrimination. It also proposed representation goals across higher and lower federal grade groups, rather than treating the government's workforce as a single undifferentiated total. The final rule retains an affirmative-action structure. Proposal and final document one EEOC process, not independent evidence that more people had obtained or retained jobs. [2016-31397][2016-03530]
The scope is federal employment, not a new requirement for private businesses or state and local governments under this rule. Timing is also important: the published schedule labels March 6, 2017 as the effective date but separately sets January 3, 2018 applicability, giving agencies a year to prepare. The source awkwardly uses applicability wording beneath both headings; it does not establish immediate availability of assistance everywhere on publication day. [2016-31397]
Source documents
- Affirmative Action for Individuals With Disabilities in Federal Employmenthttps://www.govinfo.gov/content/pkg/FR-2017-01-03/html/2016-31397.htm
- Affirmative Action for Individuals With Disabilities in the Federal Governmenthttps://www.govinfo.gov/content/pkg/FR-2016-02-24/html/2016-03530.htm
