RA Resources

RA Resources

29 CFR Part 1614 

The statutes enforced by EEOC make it illegal to discriminate against employees or applicants for employment on the bases of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the statutes enforced by EEOC, is protected from retaliation. 

Americans with Disabilities Act of 1990 

The ADA covers private employers and state and local government employers with 15 or more employees. It also applies to employment agencies, labor unions and joint labor management committees, regardless of the number of employees. Title II of the ADA covers programs, activities and services of public entities. As part of this, it prohibits public entities (e.g., state and local governments), regardless of size of workforce, from discriminating against “qualified individuals with disabilities” in their employment practices.  Thus, all state and local government employers are covered. 

The Rehabilitation Act of 1973, as Amended (Rehab Act) 

The Rehabilitation Act of 1973, as Amended (Rehab Act) prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. 

Department of the Navy Program Manual for Reasonable Accommodation  

Reasonable accommodations (RA) are required by law and are an essential element of readiness vital for attracting, developing and obtaining a top-quality workforce to accomplish the Department of the Navy’s (DON) mission. It is the DON’s policy to provide RA to qualified employees and applicants with disabilities, unless to do so would cause an undue hardship. All DON military and civilian supervisors must make every effort to provide RA to qualified employees and applicants with disabilities,  and are charged with facilitating the RA process. 

Confidentiality of the Reasonable Accommodation  

Under the Rehabilitation Act of 1973, as amended, medical documentation and information obtained in connection with a request for RA must be kept confidential. An employer may not disclose that an employee is receiving an RA, as it would constitute a disclosure that the individual has a disability. Mishandling of information relating to an individual’s disability or medical condition may constitute a violation of the Privacy Act and/or the Rehabilitation Act for which the DON may be liable for damages. If medical information is disclosed to any party with a need-to-know, the RA Coordinator must inform these individuals that this information must be kept confidential, and advise regarding the legal confidentiality requirements. All information that is obtained in connection with RA requests must be kept in secure files (both physical and electronic, if applicable) within the servicing EEO office and separate from the individual’s personnel file, with access granted on a strictly limited basis. 

There are limited circumstances under which the DON may disclose confidential medical information, which include informing:

• Supervisors and managers of necessary restrictions on the employee’s work or necessary accommodations;

• First aid and safety personnel if a disability might require emergency treatment; and

• Government investigators reviewing compliance with the Rehabilitation Act and other applicable civil rights statutes.