Using Schedule A to Hire Candidates with Disabilities

Purpose

This Order establishes guidelines for hiring candidates with disabilities using Schedule A of Title 5, Excepted Service at the General Services Administration (GSA). When provisions of this guidance differ from changes in applicable law or regulation, the changes in law or regulation apply.

Background

This guidance covers only Schedule A positions filled under the excepted service authority, 5 CFR 213.3102(u), regarding persons with intellectual disabilities, severe physical disabilities, or psychiatric disabilities (hereinafter “Persons with Disabilities” or ‘Schedule A’). This directive incorporates information from 

• Applicable statutes (e.g., 5 U.S.C. 3302),
• Regulations (5 CFR 3.1, 5 CFR 213.3102(u) and 5 CFR Parts 302 and 315),
• Executive Order (E.O.) 12125, Competitive Status for Handicapped Federal Employees (March 15, 1979),
• E.O. 13124, Amending the Civil Service Rules Relating to Employees With Psychiatric Disabilities (June 4, 1999),
• E.O. 13548, Increasing Federal Employment of Individuals with Disabilities (July 26, 2010), and
• E.O. 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (January 25, 2021). 

This Order creates a foundation for consistent hiring practices of individuals with disabilities using the Schedule A authority.

Scope and Applicability

1. This Order contains policies and procedures for the hiring of applicants with disabilities using Schedule A of Title 5, Excepted service. The provisions of this Order apply to all hiring actions using this authority and are intended to improve the quality and availability of this information to all hiring officials within GSA.
    
2. This policy does not apply to the Office of Inspector General (OIG). The OIG has independent personnel authority. See Section 6 of the Inspector General Act of 1978, (5 U.S.C. App.3), as amended (Inspector General is authorized “to select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General”) and GSA Order ADM 5450.39D CHGE 1, GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1 (“The Inspector General has independent authority to formulate policies and make determinations concerning human capital issues within the OIG” and GSA determinations/delegations do not limit that authority). Similarly, GSA specifically recognizes that the Inspector General has independent authority to formulate policies and make determinations concerning training, employee development, and career management. 

Nature of Revision

This directive is new and does not revise any other GSA Orders.