5 C.F.R. § 339.103

Compliance with disability laws

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(a) The Americans with Disabilities Act (ADA) of 1990, as amended by the Amendments Act of 2008 (collectively the ADA), establishes prohibitions against discrimination and the requirements for reasonable accommodation that apply to the Federal Government through the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791(f). Consequently, actions under this part must comply with the non-discrimination provisions of the Rehabilitation Act, the non-discrimination provisions of the ADA, and their implementing regulations.

(b) Use of the term “qualified” in this part must comply with the Rehabilitation Act, as amended, and the ADA, as amended. Specifically, a “qualified individual with a disability” means that the individual possess the requisite skill, experience, education, and other job-related requirements of an employment position that the individual holds or seeks, and can perform the essential functions of the position with or without reasonable accommodation.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1997–2022 · leading case: George Haas v. Dep't of Homeland Sec., 2022 MSPB 36 (MSPB 2022).

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George Haas v. Dep't of Homeland Sec., 2022 MSPB 36 (MSPB 2022). “5 C.F.R. § 339.103 (a). The ADA defines disability to include a “record of .”

Scott v. Napolitano, 717 F. Supp. 2d 1071 (S.D. Cal. 2010). “5 C.F.R. § 339.103 (b) provides that an agency may require an individual who occupies a position which has medical standards or physical requirements to report for a medical examination (1) prior to appointment or selection; (2) on a regularly, recurring, periodic basis after…”

Fallacaro v. Richardson, 965 F. Supp. 87 (D.D.C. 1997). “See 5 C.F.R. § 339.103 . The waiver provision, however, appears to be even more accommodating of impairments than the Rehabilitation Act is.”

Ellis A. Archerda v. Dep't of Def., 2014 MSPB 49 (MSPB 2014). “See 5 C.F.R. § 339.103 (actions under 5 C.F.R.”

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