An Individual with a Disability is defined as a person who: 1) has a physical or mental impairment that substantially limits one or more of such person's major life activities; 2) has a record of such an impairment; or 3) is regarded as having such an impairment. 29 CFR 1630.2(g).
Major Life Activities include caring for one's self, walking, seeing, hearing, speaking, breathing, learning, and working. 29 CFR 1630.2(h)(2)(i).
Qualified Individual with a Disability means an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. 29 CFR 1630.2 (m).
A Reasonable Accommodation is an adjustment or alteration that enables a qualified person with a disability to apply for a job, perform job duties, or enjoy benefits and privileges of employment. There are three categories of reasonable accommodations:
Undue Hardshipis an action requiring significant difficulty or expense on the part of the agency, when considered in light of factors such as the agency's size, financial resources, and the nature and structure of the position. Determination of undue hardship is always made on a case-by-case basis. 29 CFR 1630.2 (p).
Clarifying Sections 504 and 508 of the Rehabilitation Act:
Responsibilities under Section 504 and Section 508 can overlap. However, agencies must comply with both provisions when distributing information.
Section 504 - requires agencies to provide individuals with disabilities an equal opportunity to participate in their programs and benefit from their services, including the provision of information to employees and members of the public.
For information on how to file a complaint of discrimination, please refer to the Procedures to Facilitate Provisions of Reasonable Accommodation
Section 508 – requires that any electronic and information technology used, maintained, developed, or procured by the federal government allow persons with disabilities, comparable access to information and technology. This applies to persons with disabilities who use assistive technology to read and navigate electronic materials.
An individual with a disability, who wishes to file a complaint of noncompliance with Section 508 of the Rehabilitation Act of 1973, must send a signed, written complaint within 180 days of the incident that gave rise to the complaint, to the following address:
Department of the Treasury
Director, Office of Civil Rights and Diversity
1500 Pennsylvania Avenue, NW
Washington, DC 20220
The complaint should include sufficient details of the alleged section 508 violation to enable the Office of Equal Opportunity and Diversity to understand what occurred, where and when it occurred and the responsible Treasury organization, if known. If accepted for investigation, the appropriate bureau will investigate the complaint and attempt resolution. If no resolution is achieved, the bureau will forward the findings to the Department. A letter of findings will be issued, notifying the complainant of the results of the investigation, and providing administrative appeal procedures. Any appeal of the decision will be made to the Deputy Assistant Secretary for Human Resources and Chief Human Capital Officer.
Alternative Means of Filing a Complaint: Treasury will provide appropriate assistance to complainants who may need help in filing their complaint, and will consider complaints filed in alternate formats. For example, a disabled complainant may file a complaint electronically, by audiotape, in Braille, or in some other format. Additionally, oral complaints will be considered if the complainant is unable to write.
To file a complaint telephonically, complainants should call 1-202-622-1160 or TTY 1-202-622-7104.
Interaction with the EEO Complaint Process:
Section 508 provides that it shall not be construed to limit any right, remedy, or procedure otherwise available under Section 791 through 794(a) of the Rehabilitation Act of 1973, as amended. Therefore an individual alleging a denial of accessibility to electronic and information technology that affects a term, condition, or privilege of employment is free to pursue a complaint under the provisions of 29 CFR 1614.