What is ADA?
Americans with Disabilities Act
4 Complainant did not allege that the agency failed to provide him with
a reasonable accommodation due to a disability, and we will not inquire
into whether complainant is an individual with a disability under the
Rehabilitation Act or whether an interactive process took place. These
factors are only considerations where a claim is based on disability. The
Commission’s regulations on the Americans with Disabilities Act are found
at 29 C.F.R. Part 30, and the Appendix to Part 1630-Interpretive Guidance
on Title I of the Americans With Disabilities Act. For more information
on reasonable accommodation, see Enforcement Guidance: Reasonable
Accommodation and Undue Hardship Under the Americans With Disabilities
Act (Enforcement Guidance), EEOC Notice No. 915.002 (October 17, 2002).
Both documents are available on the Commission’s website at www.eeoc.gov.
5 The Commission notes that complainant provided a detailed narrative
describing not only the claim raised in this complaint, but other
incidents that occurred in 2005 through 2006. These latter claims that
occurred in 2005 through 2006 were not previously raised as part of the
present complaint, and therefore, it is inappropriate for him to raise
these new claims for the first time as part of the current appeal.
Hubbard v. Department of Homeland Security, EEOC Appeal No. 01A40449
(April 22, 2004).
6 The EEO Mediation Resolution Agreement and General Release states that
the parties agreed, “Starting Monday, April 7, 2003, [complainant] will be
put in the swing shift (1530-2400) Monday-Friday, for permanent placement
in Building 506, central receiving.” (IF p 92; ROI at Exhibit F-9).
