I. PURPOSE

This directive provides Agency policy and responsibilities for recruiting, hiring, and retaining people with disabilities, including disabled veterans.

II. CANCELLATION

This directive cancels FSIS Directive 4306.1 Revision 4, dated 10/7/94.

III. REASON FOR REISSUANCE

This directive is revised to clarify Agency policy for employment of people with disabilities. Policy for “reasonable accommodation” is located in FSIS Directive 4306.2.

IV. REFERENCES

• FSIS Directive 4306.2, Reasonable Accommodations and Accessibility for People with Disabilities
• Section 501, Rehabilitation Act of 1973, as Amended
• Section 508, Rehabilitation Act of 1973, as Amended
• Executive Order 13163, Increasing the Opportunity for Individuals with Disabilities to Be Employed in the Federal Government
• 5 CFR 307, Veterans Readjustment Appointments
• 5 CFR 335.106, Special Selection Procedures for Certain Veterans Under Merit Promotion
• 5 CFR 353, Restoration to Duty From Uniformed Service or Compensable Injury
• 5 U.S.C. 3112, Disabled Veterans, Noncompetitive Appointment

V. ABBREVIATIONS AND FORMS

The following will be referred to in their shortened form in this directive:

• DEP Disability Employment Program
• DEPC Disability Employment Program Coordinator
• DEPM Disability Employment Program Manager
• DVAAP Disabled Veterans Affirmative Action Program
• EEOC Equal Employment Opportunity Commission
• GS General Schedule
• HRD Human Resources Division
• HRFO Human Resources Field Office
• OPM Office of Personnel Management
• SCEP Student Career Experience Program
• SHRO Servicing Human Resources Office
• STEP Student Temporary Employment Program
• VA Department of Veterans Affairs
• VRA Veterans Readjustment Appointment
• SF-256 Self-Identification of Handicap Code

VI. POLICY

It is FSIS policy to:

A. Establish and carry out employment programs that give qualified people with disabilities an equal opportunity in hiring, placement, retention, and advancement.

B. Carry out a continuing program of affirmative employment, giving special emphasis to veterans with service-connected disabilities of 30 percent or more, and to qualified people with targeted disabilities.

C. Set annual goals to increase employment of people with targeted disabilities, develop plans to achieve these goals, and report yearly accomplishments.

D. Ensure that medical and physical standards for positions are fair and reasonable, and reflect the realistic requirements of the job.

E. Use special appointing authorities to the extent possible. (See Attachment 1-2.)

VII. COVERAGE

This directive covers disabled veterans, FSIS employees, and applicants whose medical condition or impairment meet the definition of a disability as defined by the Rehabilitation Act. (See Subparagraphs VIII. B. and F.)

VIII. DEFINITIONS

A. Affirmative Employment. A requirement that:

1. Managers and supervisors make good faith efforts to promote equal opportunity in recruiting, employing, and advancing qualified members of underrepresented groups.
2. Agencies identify and eliminate discriminatory employment practices and policies.

B. Disability.

1. The EEOC statutory definition of disability, for an individual is:

• a. A physical or mental impairment that substantially limits one or more major life activities.
• b. A record of such an impairment, or
• c. Being regarded as having such an impairment.

2. Subparagraphs b. and c. focus on the reactions of other people to a person having a history of an impairment or a perceived impairment. They reflect Congressional recognition that stereotyped assumptions about what constitutes a disability, or unfounded concerns about limitations of individuals with current or previous impairments, form major discriminatory barriers.

3. Disability does not include temporary physical or mental impairments or medical conditions that may have a short-term impact on an employee’s performance, example: a broken leg.

C. Disability Employment Program (DEP). The Agency’s plans and procedures that implement applicable laws, regulations, and policies related to the employment of qualified people with disabilities and disabled veterans.

D. Disability Employment Program Coordinator (DEPC). A human resources specialist in HRD who provides advice and assistance to program officials and employees on day-to-day issues involving reasonable accommodation and disability, including whether an employee’s condition meets the definition of disability.

E. Disability Employment Program Manager (DEPM). A human resources specialist in HRD who coordinates the program, provides guidance and assistance to DEPCs, and develops Agency policy and issuances on disability issues.

F. Disabled Veteran. A person who has served on active duty in the armed forces and:

1. Has been separated from the armed forces under other than dishonorable conditions.
2. Has established the present existence of a service-connected disability.
3. Receives compensation, disability retirement benefits, or a pension under a statute administered by the VA or a military department.
4. Has a disability rating from the VA or appropriate certification from a military department.

G. Disabled Veterans Affirmative Action Program (DVAAP). An affirmative action program for the recruitment, employment, and advancement of disabled veterans. The law requires agencies to develop annual DVAAP plans to identify responsibilities, actions, and continuing efforts to enhance the recruitment and placement of qualified disabled veterans.

H. Impairment. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

I. Major Life Activities. Functions that the average person in the general population can perform with little or no difficulty, including but not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, reaching, thinking, concentrating, and interacting with others.

J. Substantially Limiting. The degree to which an impairment prevents someone from performing a major life activity that the average person in the general population can perform, or significantly restricts the condition, manner, or duration under which someone can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform that same major life activity. To determine if an impairment is substantially limiting, consider the nature, severity, duration, and the permanent or long-term impact resulting from the impairment.

K. Targeted Disabilities. Disabilities targeted for emphasis in affirmative action planning, including: deafness, blindness, missing extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation, mental illness, and genetic or physical conditions affecting limbs or the spine. Although the list of targeted disabilities includes those for which people most likely suffer job discrimination, the EEOC recognizes that some non-targeted disabilities are just as severe as, or more severe than, some targeted disabilities.

IX. RESPONSIBILITIES

A. Management Officials. Managers and supervisors should carry out the policy in Paragraph VI. to ensure that qualified people are given full opportunity to render capable service. In addition, the appropriate supervisory official:

1. Reviews the required work. Ensures that position descriptions and performance standards reflect the realistic duties and requirements of the job.
2. Provides people with disabilities an equal opportunity in employment, placement, retention, advancement, and career development.

B. DEP Manager and Coordinators.

1. Disability Employment Program Manager.

• a. Provides direction and guidance to DEPCs on Agencywide employment policies.
• b. Monitors and evaluates programs, placement efforts and related activities.
• c. Maintains liaison with the USDA manager. Prepares reports and provides workforce statistics to Agency and USDA officials.
• d. Develops policy and program initiatives for Agencywide implementation.

2. Disability Employment Program Coordinators.

• a. Provide referral and placement assistance to supervisors and managers that includes analyzing position requirements, making qualification determinations, and reviewing placement actions to appraise effectiveness.
• b. Develop and promote information about the DEP, DVAAP, and other special emphasis programs that allow for noncompetitive appointment of people with disabilities. (See Attachment 1-2.) Place special emphasis and high priority on employing people with targeted disabilities and disabled veterans who have service-connected disabilities of 30 percent or more. Provide advice and assessment of these matters to others in the Agency.
• c. Establish and maintain liaison with local public and private service organizations for people with disabilities and disabled veterans. Use these organizations as possible recruitment sources. Inform recruiters, other coordinators and management officials of such opportunities.
• d. Review criteria for evaluating job candidates to ensure that recruitment and selection processes are nondiscriminatory.
• e. Provide employment and reasonable accommodation data to others for information and reporting purposes.

X. ADDITIONAL INFORMATION

A. Obtain additional information or clarification on this directive from the Employment and Benefits Policy Branch at (202) 720-4827.

B. Contact the SHRO for information on hiring people with disabilities.

C. Refer to www.opm.gov/disability for information about Federal employment of people with disabilities.

See full PDF for Attachments 

• Identification of Disability
• Special Appointing Authorities for People with Disabilities