Assistance at work raises a question beyond whether help exists: how much say does the person receiving it have? EEOC's January 3, 2017 federal-employment rule addresses that issue in its personal assistance provisions. When selecting a provider for one individual, an agency's plan must give primary consideration to that individual's preferences to the extent permitted by law. [2016-31397]

The duty is conditional, not unlimited. The employee must need assistance because of a targeted disability; the services, together with required reasonable accommodations, must enable essential job functions; and provision must not impose undue hardship. Assistance can cover daily activities such as eating, rather than medical care. The rule also bars adverse actions based on an applicant's or employee's need, or perceived need, for these services. [2016-31397]

The February 2016 proposal makes the larger purpose clear: federal agencies' affirmative-action responsibilities extend beyond refraining from discrimination. It proposed personal assistance during work hours and job-related travel, subject to undue hardship. The final rule specifies the targeted-disability and essential-function conditions. Reading the two together shows how one agency developed a workplace-access obligation, not independent proof that the obligation had already improved people's lives. [2016-31397][2016-03530]

The ethical stake is concrete: support should enable participation without making the employee's preferences irrelevant. This account concerns federal employers covered by Section 501, not a universal service entitlement. The original rule distinguishes March 6, 2017 effectiveness from January 3, 2018 applicability, with a year for preparation. That interval matters when considering what the published commitment meant for someone needing assistance, rather than assuming publication itself delivered the service. [2016-31397]

Source documents

  1. Affirmative Action for Individuals With Disabilities in Federal Employmenthttps://www.govinfo.gov/content/pkg/FR-2017-01-03/html/2016-31397.htm
  2. Affirmative Action for Individuals With Disabilities in the Federal Governmenthttps://www.govinfo.gov/content/pkg/FR-2016-02-24/html/2016-03530.htm