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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of EDWARD L. HALLAH and U.S. POSTAL SERVICE, POST OFFICE, Cleveland, OH Docket No. 00-2720; Submitted on the Record; Issued

S.C. § 5595. FEDERAL EMPLOYEE BENEFIT AND INSURANCE ADMINISTRATION The Federal Employee Benefits Program Office of the Deputy Labor Secretary is acting here pursuant to 42 U.S.C. § 5751 and 42 U.S.C. § 6131(b). Title VII of the Civil Rights Act of 1964 provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 42 U.S.C. § 2000e et seq. As used in 42 U.S.C. § 2000e et seq. (the ADA), the term sex refers to discrimination on the basis of sex as defined in section 703(4) of the ADA. 42 U.S.C. § 703(4). The provisions of the ADA are administered by the Office of Personnel Management (OPM). The Title VII discrimination prohibitions in 42 U.S.C. §§ 2000e et seq. (the ADA) are part of the Fair Housing Act, as it is amended in title V of the Civil Rights Act of 1968 (the Fair Housing Act). In Title VI of the Fair Housing Act, Congress passed the Fair Housing Act Amendments of 1988 to prohibit the unlawful discrimination which may have been covered under the ADA and the Fair Housing Act prior to enactment of Title VI. 42 U.S.C. §§ 3601 et seq. As used in Title VI of the Fair Housing Act, section 102(d) (the “ADA coverage element”) of the ADA requires employers with 20 or more employees to make reasonable accommodations in the terms, conditions, and privileges of public accommodations that are made available to individuals with disabilities who are customers, clients, apprentices, employees, or students of such employer. 42 U.S.C. § 12132(d). To determine whether any accommodation is “reasonable” under section 102(d) the Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) apply an objective test by reference to the “method of analysis” in the ADA regulations. I'd. at 24-30. The Department of Justice and EEOC interpret ADA § 102(d) broadly to allow a wide range of different types of reasonable accommodations.

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00-2720doc - dol is a form used by the Department of Labor to collect information regarding the financial condition and operations of pension plans.

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