REASONABLE ACCOMMODATION PROCEDURES
TABLE OF CONTENTS
Page
Table of contents i
Foreword ii
1 Purpose 1
2 Definitions 1
3 Roles/Responsibilities 3
4 Requesting an accommodation 5
5 Written requests for record keeping purposes 6
6 Interactive process 6
7 Determining if the individual requesting the accommodation 8
has a disability. Requests for medical information
8 Confidentiality requirements regarding the reasonable 9
accommodation process
9 Time frames for processing requests and providing 10
reasonable accommodation
10 Granting a reasonable accommodation request 12
11 Denial of reasonable accommodation request 12
12 Information tracking and reporting
APPENDICES
A Confirmation of request for reasonable accommodation form A
B Reasonable accommodation information reporting form B
C Denial of reasonable accommodation request form C
D Equal Employment Opportunity Commission Resources D
FOREWORD
The Department of Agriculture (USDA) recognizes that all its employees need the tools necessary to be productive, and that making reasonable accommodation is simply a way of providing the tools needed to accomplish its mission. An employee with a disability need only request an accommodation of the immediate or first line supervisor, who, in many instances is authorized via these procedures to provide the accommodation.
This manual sets forth the procedures to be used, if necessary, when considering the provision of reasonable accommodation to employees and applicants with disabilities. In the majority of situations, providing a reasonable accommodation is simple, quick and inexpensive. The procedures set forth in this manual shall be used for record keeping purposes to document reasonable accommodation requests, grant or deny requests. The procedures shall also be used to request documentation in cases when the disability and/or the need for accommodation is not obvious.
Requests for accommodation must be considered on a case-by-case basis, and, in the majority of cases, can be resolved between employee and supervisor. It is imperative for the employee with a disability to be involved and consulted regarding specific accommodations needed and other aspects of reasonable accommodation through an interactive process. These procedures outline who may be involved in this interactive process.
USDA agencies have been directed to establish central funds for accommodations within their own budgets so that agencies’ individual offices or units are not reluctant to fund accommodations that cost money. Although some accommodations, (e.g., equipment, hardware, software) may cost money, many others (e.g., alternative work schedules, leave, modifying policy or procedures, relocating an office) to name a few, cost little or nothing to implement. Therefore, using “monetary cost” as a basis for an undue hardship claim is not easily defensible.
USDA is committed to a simple and streamlined process for providing reasonable accommodation. As a model employer and pursuant to Departmental Regulation (DR) 4300-8, USDA may take steps, as appropriate, beyond those required by the reasonable accommodation process.
These reasonable accommodation procedures will help make USDA the “Employer of Choice”.
U.S. DEPARTMENT OF
AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL MANUAL |
Number: 4300-002 |
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SUBJECT: Reasonable Accommodation Procedures |
DATE: July 5, 2002 |
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OPI: |
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1 PURPOSE
The purpose of this Departmental Manual is to transmit the procedures to implement
DR 4300-8 Reasonable Accommodations for Employees and Applicants with Disabilities as
required in Executive Order 13164 Requiring Federal Agencies To Establish Procedures to Facilitate the Provision of Reasonable Accommodation; and, the Rehabilitation Act of 1973, as amended. This document specifically:
Establishes
written procedures to use when implementing DR 4300-8, Reasonable
Accommodations for Employees and Applicants with Disabilities. These procedures demonstrate a commitment to
a quick, simple means to request and obtain reasonable accommodation.
2
DEFINITIONS
a Disability - With respect to an individual, means
(1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; or,
(2) a record of such an impairment, or;
(3) being regarded as having such an impairment.
(a) An example of “a record of such an impairment” includes having a history of, or having been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
(b) An example of “being regarded as having such an impairment” includes having an impairment that does not substantially limit a major life activity but is treated by USDA as constituting such limitation; having an impairment that substantially limits a major life activity only as a result of the attitudes of others toward such impairment; or, having none of the impairments described in this section, but being treated by USDA as having a substantially limiting impairment.
In regard to Reasonable Accommodation, ONLY those employees or applicants who meet part (1) or (2) of the above definition for “Disability” shall be considered eligible for a
reasonable accommodation. Reasonable accommodation is not considered for those individuals who “have a record of” or are “regarded as” having an impairment. Individuals with a relationship or association with a person with a disability are not entitled to receive reasonable accommodation. However, the protections provided by other aspects of the Rehabilitation Act of 1973 provide other protections for individuals who meet these other definitions.
b Essential Functions - are the fundamental job duties of the employment position the individual with a disability holds or desires. The reasons a function may be essential may include, but not be limited to:
(1) the reason the position exists is to perform that function;
(2) the limited number of other employees who could perform that function; and/or
(3) the function may be highly specialized so that the incumbent in the position is hired for his/her expertise or ability to perform the particular function.
Determination of the essential functions of a position must be conducted on a case-by-case basis so that it reflects the job as actually performed, and not simply the components of a generic position description.
c Major Life Activities - are functions such as, but not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, thinking, sitting, standing, reaching, interacting with others, concentrating, lifting, sleeping, reproduction, running and working.
d Mental Impairment - any psychological or mental disorder, e.g. mental retardation, organic brain syndrome, emotional or mental illness or specific learning disability.
e Physical 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, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine.
f Qualified
Individual with a Disability - an individual with a disability who
satisfies the requisite skill, experience, education, and other job related
requirements of the employment position such individual holds or desires, and,
who, with or without reasonable accommodation,
can perform the essential functions of such position.
g Reasonable Accommodation - a change in the work environment or the application process that would enable a qualified individual with a disability to enjoy equal employment opportunities. There are three general categories of reasonable accommodations:
(1) changes to a job application process to ensure that applicants with disabilities will have an equal opportunity to participate in the application process and to be considered for jobs;
(2) changes to enable an employee with a disability to perform the essential functions of the job or to gain access to the workplace; and
(3) changes to provide people with disabilities equal access to the benefits and privileges of employment.
h Substantially Limits - means unable to perform a major life activity that the average person in the general population can perform; or significantly restricted as to the condition, manner or duration under which an individual 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.
i USDA
TARGET Center - the USDA’s resource center that provides on-site workplace
assessments and demonstrations of assistive technology and ergonomic solutions
to ensure appropriate implementation of reasonable accommodations for USDA’s
workforce.
j Undue Hardship - a specific accommodation requiring significant difficulty or expense. This determination is made on a case-by-case basis and considers the nature, cost of the accommodation, the financial resources of USDA as a whole, and/or impact of the accommodation on the operations of the particular office or facility involved.
3 ROLES/RESPONSIBILITIES
a Employee - Any employee who wishes to be considered for an accommodation under these procedures may bring to the attention of his/her first line supervisor, division head or Disability Employment Program Manager (DEPM), a need for reasonable accommodation. The accommodation would modify or adjust the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable the employee to perform the essential functions of the position, or allow the employee to enjoy equal benefits and privileges of employment. The employee must participate in the interactive process or designate someone to do so, and shall provide reasonable documentation in accordance with these procedures, when necessary. Requests for reasonable accommodation may also be made to any agency official proposing to take a performance or conduct action. This request may be oral or in writing.
b First Line Supervisor – Receives, processes and documents the reasonable accommodation request and is authorized to approve and provide the accommodation or forward the request to the appropriate official for consideration; participates in the interactive process; responds expeditiously; maintains confidentiality, and; consults with the Employee Relations staff when accommodation is requested in conjunction with an anticipated or pending performance and/or conduct based action.
c Mission Area and Agency Disability Employment Program Managers - May receive the accommodation request; shall advise managers and staff regarding their rights and responsibilities under this regulation; maintain records for tracking and reporting reasonable accommodation requests and decisions as outlined in Section 12 of these procedures; maintain confidentiality, and; confer with Employee Relations staff in situations where performance and/or conduct issues are involved. They shall be required to successfully complete training provided by the Department.
d Departmental
Disability Employment Program Manager - Has overall responsibility for
reasonable accommodation policy and procedures. Provides guidance, assistance and oversight of the disability employment program and
serves as a consultant, when appropriate, regarding any aspect of these
procedures.
e USDA Medical Officer - Serves as consultant, reviews and interprets medical documentation, when necessary, for the purpose of assisting the Mission Area when determining if the individual requesting accommodation is an individual with a disability as defined in these procedures.
f Mission Area Designee - Has overall responsibility to ensure Mission Area compliance with its obligations to provide reasonable accommodation to qualified employees. The Mission Area shall designate an official who will make a determination, when necessary, if the individual requesting accommodation is an individual with a disability as defined in these procedures. They shall maintain, review and interpret all documentation, medical and non-medical, to make this determination and report their decision to appropriate officials. They shall consult with the USDA Medical Officer when making this determination based on medical documentation, if necessary. They shall be required to successfully complete training provided by the Department.
g Decision Makers – Those individuals or offices charged with the responsibility of making decisions regarding various aspects of the reasonable accommodation process. There are four possible decision makers: a Personnel Office, an interviewing official, an employee’s first line supervisor, and the Mission Area Designee.
(1) Requests for accommodation from applicants with disabilities will be handled by the Personnel Office responsible for the recruitment process for a particular announcement of a vacant position (excluding the interview).
(2) Requests for accommodation from applicants with disabilities for the interview process will be handled by the interviewing official.
(3) Requests for accommodation from employees with disabilities will be handled by the employee’s first line supervisor.
(4) Requests for determination as to whether or not an applicant or employee requesting an accommodation has a covered disability will be handled by the Mission Area Designee.
For whatever reason, in the event these offices or individuals designated as “decision makers’ are unable to fulfill this responsibility, the request for accommodation shall be forwarded to an appropriate office or individual. In these instances, the time frames outlined in Section 9 are applicable.
h USDA TARGET Center - Provides on-site workplace assessments and demonstrations of assistive technology and ergonomic solutions and makes specific recommendations regarding reasonable accommodations. Responsible for collecting data, maintaining records and reporting results as required. The USDA TARGET Center can be reached at (202) 720-2600 (v/tty), or through their web page at www.usda.gov/oo/target.htm.
4 REQUESTING AN ACCOMMODATION
a Employee - Requests made by an employee for reasonable accommodation under these procedures may be made orally or in writing to his/her immediate or first line supervisor, division head, Agency or Mission Area DEPM. Requests may also be made to any agency official proposing to take a performance or conduct action. The request should outline the kind of accommodation requested, if known.
b Applicant for employment - Requests made by an applicant for reasonable accommodation under these procedures may be made orally or in writing to the personnel office to which he/she is applying. This request should identify the accommodation needed, if known. Although an applicant with a disability may request a reasonable accommodation at any time during the application process, the applicant should, to the greatest extent possible, make the request as soon as he/she is aware of a barrier in the process. Applicants with a disability contacted for an interview, shall be asked, “is an accommodation needed for the interview?” and if the answer is “yes”, then shall be asked, “what type of accommodation?” Accommodation for the interview shall be the responsibility of the interviewing official.
c Family member, health professional, immediate supervisor or other representative - Requests made by such a person on behalf of an employee or applicant shall go to the same person to whom the employee or applicant would make the request. The request may be oral or in writing.
5 WRITTEN REQUESTS FOR RECORD KEEPING PURPOSES
To enable USDA to keep accurate records regarding reasonable accommodation, employees seeking a reasonable accommodation, or the receiver of the request, must follow up an oral request either by completing the attached “Confirmation of Request for Reasonable Accommodation” (see Appendix A) form or otherwise confirming the request in writing including by e-mail. While either the employee or receiver of the request may document the request, the receiver is responsible for completing written documentation.
An employee gives an applicant seeking a reasonable accommodation the “Confirmation of Request for Reasonable Accommodation” form from the personnel office where the applicant is submitting his/her application.
Although a written document is required for record keeping purposes, the written document is not required to begin processing the request itself. The request, if made orally, shall be processed in accordance with time lines outlined in these procedures. Regularly occurring accommodations needed on a repeated basis (e.g., sign language interpreter, reader, personal assistant) do not require written confirmation. The initial or subsequent request should contain language describing the accommodation as “recurring and continuing”, and to the greatest extent possible, appropriate notice must be given each time the accommodation is needed.
If a written or oral request is made to a USDA employee who determines he/she does not have the authority to provide the accommodation, that request shall be forwarded as soon as possible, but in no more than five business days, to the appropriate USDA official.
6 INTERACTIVE PROCESS
As stated in the foreword of this document, the interactive process is extremely important. In the majority of situations, the individual with the disability will be able to provide information regarding the type of accommodation needed. Communication is a priority throughout the process. Most accommodation requests can be handled between the employee with a disability and the first line supervisor. However, either or both parties are permitted to include others in the interactive process if a specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the parties are choosing between different possible reasonable accommodations. The following list of resources who may be included in the process is not exhaustive, but merely an example:
a member of the employee’s family
b rehabilitation counselor
c TARGET Center
d Department’s Medical Officer
e Departmental Disability Employment Program Manager
f Mission Area or Agency Disability Employment Program Manager
g Employee Relations Office
h Job Accommodation Network
i any employee representative
The
Job Accommodation Network (JAN) is a service of the Department of Labor, Office
of Disability Employment Policy. JAN
can provide information, free-of-charge, about many types of
accommodations. JAN can be reached at
1-800-232-9675 (Voice/TTY), or via their Web Site at http://janweb.icdi.wvu.edu/.
There are specific considerations in the interactive
process when responding to a request for reassignment. Reassignment will only be considered if no
other accommodations are available to enable the individual to perform his or
her current job, or if the only effective accommodation would cause undue
hardship. Reassignments are made only
to vacant positions and to employees who are qualified for the new
position. If the employee is qualified
for the position, s/he will be reassigned to the job and will not have to
compete for it.
In considering whether there are positions available for
reassignment, the decision maker will work with the agency’s personnel office
or the Office of Human Resources Management (OHRM) and the individual
requesting the accommodation to identify:
(1) all vacant positions within the agency for which the employee may be
qualified, with or without reasonable accommodation; and, if none exist, all
vacant positions within the Department for which the employee may be qualified,
with or without reasonable accommodation; and (2) all positions which personnel
or OHRM has reason to believe will become vacant over the next 60 business days
and for which the employee may be qualified.
The decision maker will first focus on positions that are equivalent to
the employee’s current job in terms of pay, status, and other relevant
factors. If there is no vacant
equivalent position, the decision maker will consider vacant lower level
positions for which the individual is qualified. Reassignment will be made to a vacant position outside of the
employee’s commuting area if the employee is willing to relocate. As with other transfers not required by
management, USDA is not obligated to pay for the employee’s relocation costs.
7 DETERMINING IF THE INDIVIDUAL REQUESTING
THE ACCOMMODATION
HAS A DISABILITY. REQUESTS FOR MEDICAL INFORMATION
USDA is entitled to know that an employee or applicant has
a covered disability that requires a reasonable accommodation. If the individual has an obvious disability or previously documented medical condition that
qualifies him/her as an individual with a disability and the accommodation
request is related to the known disability, the accommodation request shall be
considered immediately without the need for further medical documentation.
If the individual
does not have an obvious disability or previously documented medical condition
that qualifies him/her as an individual with a disability, he/she may be required to provide sufficient and
reasonable documentation of his/her medical condition to the Mission Area
Designee, who will determine, in consultation with the USDA Medical Officer, as
necessary, whether the requestor is an individual with a disability.
The Mission Area Designee will request relevant
supplemental medical information if information submitted does not clearly
explain the nature of the disability, or need for reasonable accommodation, or
does not otherwise clarify how the requested accommodation will assist the
employee to perform the essential functions of the job or enjoy benefits and privileges
of the workplace. In the case of an
applicant, relevant supplemental medical information may be requested to
determine the nature of the disability or how the accommodation will assist
with the application process.
The Mission Area Designee will seek information or
documentation about the disability and the functional limitations from the
individual, and/or ask the individual to obtain such information from an
appropriate professional. Not all
information need be medical, as the appropriate information may be received
from a social worker or rehabilitation counselor. The documentation received must be sufficient for the Mission
Area Designee to determine if the requestor is an individual with a disability. Additional documentation may be requested to
make this determination, if necessary.
In order for appropriate and useful information to be obtained, all
requests should describe the nature of the individual’s job, the essential
functions and any other relevant information.
The Mission Area Designee or other decision maker shall consult with the
USDA Medical Officer, when necessary, regarding the interpretation of medical
documentation.
If the information provided by the health professional (or
the information volunteered by the individual requesting the accommodation) is
insufficient to enable the Mission Area Designee to determine if the requestor
has a disability, the decision maker may ask for further information. First, however, s/he will explain to the
individual seeking the accommodation, in specific terms, why the information
that has been provided is insufficient, what additional information is needed,
and why it is necessary for a determination of the reasonable accommodation
request.
The individual may then ask the health care or other
appropriate professional to provide the missing information. Alternatively, the Mission Area Designee and
the individual requesting the accommodation may agree that the individual will
sign a limited release, and the Mission Area Designee may thereafter submit a
list of specific questions to the individual’s health care professional or may
otherwise contact the individual’s doctor.
If, after a reasonable period of time, there is still not
sufficient information to demonstrate that the individual has a disability and
needs a reasonable accommodation, the decision maker may request that a
physician chosen by the Mission Area Designee examine the individual, at the
Mission Area or Agency’s expense. The
decision maker will be advised, by the physician, of the individual’s relevant
medical condition and any additional relevant information about the
individual’s functional limitations, if necessary.
The failure to provide appropriate documentation or to
cooperate in USDA’s efforts to obtain such documentation can result in a denial
of the reasonable accommodation.
8 CONFIDENTIALITY
REQUIREMENTS REGARDING THE REASONABLE
ACCOMMODATION PROCESS
Under the Rehabilitation Act, medical information obtained in
connection with the reasonable accommodation process must be kept
confidential. This means that all
medical information, including information about functional limitations and
reasonable accommodation needs, that USDA obtains in connection with a request
for reasonable accommodation must be kept in files separate from the
individual’s personnel file. It also
means that any USDA employee who obtains or receives such information is
strictly bound by these confidentiality requirements. Confidentiality applies to all aspects of the reasonable
accommodation process.
The Mission Area Designee will maintain custody of all
medical records obtained or created during the process of a request for
reasonable accommodation and will respond to all requests for disclosure of the
records. All records will be maintained
in accordance with the Privacy Act and information regarding these records, or
any aspect of the process, may be disclosed only as follows:
a supervisors and
managers who need to know may be told about the determination of eligibility as
an individual with a disability, the necessary restrictions on the work or
duties of the employee and about any recommended accommodations, but medical
information should only be disclosed if strictly necessary;
b first aid and
safety personnel may be given specific medical information, when appropriate,
if the disability might require emergency treatment;
c government
officials may be given information necessary to investigate the agency’s
compliance with the Rehabilitation Act;
d in certain
circumstances be disclosed to worker’s compensation offices or insurance
carriers, in accordance with EEOC regulations; or,
e the USDA medical
officer when consulting with him/her regarding the interpretation of medical
documents.
Whenever information is disclosed, the individual
disclosing it must inform the recipient of the confidentiality requirements as
well as the requirement to comply with applicable provisions of the Privacy
Act. For bargaining unit employees,
information maintained by the agency may be disclosed to the Union having
exclusive recognition in conjunction with representation functions related to
the reasonable accommodation process.
9 TIME FRAMES FOR PROCESSING REQUESTS AND
PROVIDING REASONABLE ACCOMMODATION
Because a reasonable accommodation provides an opportunity
for the employee to perform the essential functions, and in most cases all
functions of the job, or access a benefit or privilege of employment, and
allows an applicant access to the application process, it is expected that the
accommodation shall be provided as soon as reasonably possible. Special circumstances may influence timing
of this process. In cases such as applying
for a job or attending a USDA sponsored function scheduled to occur shortly may
require expediting the reasonable accommodation request immediately. Most other accommodation decisions can be
made and the accommodation provided within a few days, however the time lines
indicated below shall be followed:
a the process to
consider a reasonable accommodation request should begin immediately upon the
receipt by the appropriate official of an oral or written request by the
individual asking for the accommodation, or their representative. However, the process shall begin in no more
than five business days from the date of the oral or written request;
b in situations
where the individual has an obvious disability or previously documented medical
condition that qualifies him/her as an individual with a disability and the
accommodation requested is related to limitations caused by that medical
condition, the first line supervisor must determine if the accommodation is
effective and, if so, provide the accommodation in no more than 30 business
days from the date of the written or oral request.
c in situations
where the individual does not have an obvious or previously documented medical condition that qualifies him/her as
an individual with a disability, the individual to whom the request is made
shall forward the request to the Mission Area or Agency DEPM within three
business days from the date of the written or oral request. The Mission Area or Agency DEPM shall
forward the request to the Mission Area Designee within two business days;
d with permission
of the employee, the Mission Area Designee shall request any needed additional
documentation from the appropriate source within five business days;
e upon receipt of
the documentation, the Mission Area Designee shall within five business days
consult with the USDA Medical Officer, as necessary, and make a decision
regarding whether the employee is or
is not an individual with a
disability and so inform the requestor’s first line supervisor and the Mission
Area or Agency Disability Employment Program Manager of the decision within this
same five business day period;
f in situations
where medical documentation is necessary, the thirty business day period for
the first line supervisor to determine if the accommodation is effective and to
provide the accommodation begins on the date the Mission Area Designee issued
his/her decision identified in (e) above.
It may be necessary to extend the above-mentioned time
frames. Extenuating circumstances are
factors that could not reasonably have been anticipated or avoided in advance of
the request for accommodation. When
these circumstances occur, the time for processing a request and providing the
accommodation will be extended as reasonably necessary. All USDA employees are expected to act as
quickly as possible to determine eligibility and provide needed
accommodation. Below are a few examples
of extenuating circumstances:
· the purchase of
equipment may take longer than 30 days;
· the employee with
a disability needs to try out equipment before purchase can be made;
· new staff needs to
be hired or contracted for, or an accommodation involves the removal of
architectural barriers.
In the event of an extenuating circumstance, the employee’s
supervisor shall notify the employee of the reason for the delay, and the
approximate date on which a decision, and/or provision of the reasonable
accommodation is expected. The
supervisor shall investigate whether temporary measures can be taken to assist
the employee. A temporary measure may
be taken even when the delay is caused by the need to obtain or evaluate
medical documentation to determine if the employee has a covered
disability. This in no way obligates
USDA to continue or offer further accommodations if the determination is made
that the employee does not have a covered disability.
10 GRANTING A REASONABLE ACCOMMODATION REQUEST
As soon as a decision to provide a reasonable accommodation
is made, that decision shall be immediately communicated to the requestor. The attached “Reasonable Accommodation Information Reporting Form”(see Appendix B)
is completed by the decision maker. A
copy of this completed form shall be given to the individual making the
request, the individual’s immediate supervisor and the Mission Area/Agency DEPM. If the accommodation cannot be provided
immediately, the decision maker must inform the individual of the projected
time frame for providing the accommodation.
11 DENIAL OF REASONABLE ACCOMMODATION REQUEST
As soon as a decision is made that an accommodation is
denied, that decision shall be immediately communicated to the requestor using
the attached “Denial of Reasonable
Accommodation Request Form” (see
Appendix C). A copy of this
completed form shall be given to the individual making the request, the
individual’s immediate supervisor and the Mission Area/Agency DEPM. The explanation for the denial should be
written in plain language, clearly stating the specific reasons for the denial. Where a specific requested accommodation was
denied, but an offer of a different one in its place is provided, the denial
notice will explain both the reasons for the denial of the requested
accommodation and the reasons that the decision maker believes that the offered
accommodation will be effective.
Reasons for the denial of a request shall include specific reasons, for
example, why the accommodation would not
be effective or why it would result in undue hardship.
The written notice of denial also informs the individual
that she/he has the right to file an equal employment opportunity complaint and
may have rights to pursue a grievance or Merit Systems Protection Board
procedures. The notice also explains
procedures available for alternative dispute resolution along with appropriate
encouragement to use this process to resolve issues associated with the denial
to accommodate.
12 INFORMATION TRACKING AND REPORTING
The Mission Area/Agency DEPM’s are responsible for
maintaining records, tracking and reporting all reasonable accommodation
decisions. They shall maintain these
records for the longer of the employee’s tenure with USDA or five years. The Mission Area/Agency DEPM will prepare
annually a report to the Departmental Disability Employment Program Manager. The report will contain the following
information, presented in aggregate:
·
the number of reasonable
accommodations, by type, that have been requested in the application process
and whether those requests have been granted or denied;
·
the jobs (occupational
series, grade level, and agency component) for which reasonable accommodations
have been requested;
·
the types of reasonable
accommodations that have been requested for each of those jobs;
·
the number of reasonable
accommodations, by type, for each job that have been approved, and the number of
accommodations, by type, that have been denied;
·
the number of requests for
reasonable accommodations, by type, that relate to the benefits or privileges
of employment, and whether those requests have been granted or denied;
·
the reasons for denial of requests
for reasonable accommodation;
·
the amount of time taken to
process each request for reasonable accommodation; and,
·
the sources of technical
assistance that have been consulted in trying to identify possible reasonable
accommodations.
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Appendix A
Applicant or Employee Name: ________________________________________________
Telephone Number:
_____________________________
Employee Only: Occupational
Series _______ Grade _______
Applicant or Employee E-mail address: _______________________________________
Date of Request:
________________________
Employee’s Agency:
_____________________
1. Accommodation Requested (be as specific as
possible)
2. Reason for Request
3. If accommodation is time sensitive, please
explain:
This request form
shall be given to your immediate supervisor or Mission Area/Agency Disability
Employment Program Manager. This form
is necessary for recordkeeping purposes only and will not delay the processing
of your initial request.
Today’s
Date:_______________________________
AD-1163
4/2002
Appendix B
Name of Individual Requesting Accommodation: _________________________________
Agency and Office of the Requesting Individual: _________________________________
_________________________________________________________________________
1 Reasonable
Accommodation (check one)
_____ Approved - Name & Title of Deciding
Official: _________________________
_____ Denied (attach form AD-1165 “DENIAL OF REASONABLE ACCOMMODATION REQUEST”)
2 Date
accommodation requested and date referred, if applicable: ____________________
3 Name & position
of individual to whom request was made:
_______________________
4 Date
accommodation approved or denied:
_____________________________________
5 Date
accommodation provided:
______________________________________________
6 If time frames
outlined in the Reasonable Accommodation Procedures were not met, please
explain why:
7 Job held or desired by individual requesting accommodation (include occupational series, grade level and office):
8. Accommodation required for:
_____application process
_____performing job functions or accessing work environment
_____accessing a benefit or privilege of employment (e.g., attending training, social event)
9 Type(s) of
accommodation requested:
AD-1164
4/2002
REASONABLE
ACCOMMODATION INFORMATION REPORTING FORM (continued)
10 Type(s) of
accommodation provided:
11 Was medical
information required to process this request?
If yes, explain why:
12 Cost, if any, of
accommodation:
13 Sources of technical assistance, if any, consulted (Job Accommodation Network, family member, rehabilitation counselor, other)
Disability Employment Program Manager (DEPM) Name: ________________________ DEPM Signature: _______________________________
Date:
________________________
AD-1164
4/2002
Appendix C
Name of Individual Requesting Accommodation: ____________________________
1 Type(s) of
reasonable accommodation requested:
2 Request for accommodation
denied because (may check more than one)
___Accommodation ineffective
___Accommodation would cause undue hardship
___Medical documentation inadequate
___Accommodation would require removal of an Essential
Function
___Accommodation would require lowering of
performance/production standard
___Other
(please specify)
3 Detailed
reason(s) for the denial of the accommodation (Must be specific, e.g., why
accommodation is ineffective or causes undue hardship)
4 If the requestor
proposed one type of reasonable accommodation and the request is denied, and
rejected an offer of an alternative accommodation, explain the reason for
denial of the original requested accommodation and how the offered alternative
accommodation would be effective.
_____________________________ ______________________________
Name & Title of Deciding Official Signature of
Deciding Official
_____________________________
Date reasonable accommodation denied
AD-1165
4/2002
DENIAL OF REASONABLE ACCOMMODATION REQUEST (continued)
If an individual wishes to request reconsideration of this decision, s/he may take the following steps:
·
ask the decision maker to
reconsider the denial and provide additional supporting information;
·
if the decision maker does
not reverse the denial, and the decision maker is the individual’s supervisor,
the individual may ask the office chief/director to review the request;
·
if the decision maker is the
office chief/director, the individual can ask the Agency Disability Employment
Program Manager to review the request:
·
if the decision maker is the
Agency Disability Employment Program Manager, the individual can ask the
Departmental Disability Employment Program Manager to review the request
If an individual wishes to file an EEO complaint, or pursue Merit Systems Protection Board (MSPB) and union grievance procedures if applicable, s/he must take the following steps:
· For an EEO complaint pursuant to 29 C.F.R. § 1614, contact an EEO counselor within 45 days from the date of this notice of denial of reasonable accommodation; or
· For a collective bargaining claim, file a written grievance in accordance with the provisions of the Collective Bargaining Agreement, or Administrative grievance procedure as appropriate; or
· Initiate an appeal to the Merit Systems Protection Board within 30 days of an appealable adverse action as defined in 5 C.F.R. § 1201.3; or
· Utilize the Alternative Dispute Resolution (ADR) process as outlined in Secretary’s Memorandum 4710-1 (3/23/00). Pursuing the ADR process does not relieve the individual from adhering to the other time frames indicated above.
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Appendix D – Equal Employment Opportunity Commission
Resources
The Equal Employment Opportunity Commission (EEOC) provides
a wealth of resources regarding disability issues and enforcement
guidance. In addition to the resources
outlined in these Reasonable Accommodation Procedures, please use the EEOC for
additional assistance. The following is
a sample of resources available at www.eeoc.gov:
EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (July 27, 2000)
EEOC Enforcement
Guidance: Reasonable Accommodation and
Undue Hardship Under the Americans with Disabilities Act (March 1, 1999)
EEOC Policy
Guidance on Executive Order 13164:
Establishing Procedures to Facilitate the Provision of Reasonable
Accommodation (October 20, 2000)