Access Board Reasonable Accommodation Procedures
Introduction
Sections 501 and 504 of the Rehabilitation
Act of 1973 require federal agencies to provide reasonable accommodation to
employees and applicants for employment who have disabilities, unless the
accommodation would impose an undue hardship. Executive Order 13164 requires
federal agencies to establish effective written procedures for handling
reasonable accommodation requests by employees and applicants for employment.
The Access Board is committed to providing reasonable accommodation to its
employees and applicants for employment and has adopted these procedures to
ensure that reasonable accommodation requests are handled promptly and fairly.
Employees and Applicants
In this section, the word "you" refers to employees and applicants for employment. This section
tells you how to request a reasonable accommodation and how your request will be
handled. This section also discusses medical information, reassignment, and your
rights if your reasonable accommodation request is denied. Reasonable
accommodation and other key terms are defined at the end of this document.
Requesting reasonable accommodation...
- As a person with a
disability, you have the right to request a reasonable accommodation in
order to be considered for a position, to perform the essential functions of
a position, and to enjoy equal benefits and privileges of employment with
the Access Board. You may request a reasonable accommodation at any time,
and may request additional reasonable accommodations if your needs change.
- You may request a
reasonable accommodation orally or in writing from your supervisor or, if
you are applying for a position, from the contact person identified on the
vacancy announcement, who is called the "hiring coordinator" in
this document. You do not have to use any special words such as
"reasonable accommodation" or "Rehabilitation Act" when
making your request. However, it is helpful for you to describe your needs
as specifically as possible. The more information you give your supervisor
or the hiring coordinator, the better he or she will be able to meet your
needs.
- Your supervisor or the
hiring coordinator usually will have the authority to approve reasonable
accommodation requests. Accommodations that require the purchase of
equipment or services costing more than $1000, reconfiguring work spaces, or
reassignment, and accommodations that cannot be provided by current staff
will be approved by the Executive Director.
- Your supervisor or the
hiring coordinator will discuss your reasonable accommodation request with
you. Where the need for an accommodation is unclear, your supervisor or the
hiring coordinator will ask you for additional information. Where the
specific accommodation needed is unclear, your supervisor or the hiring
coordinator will call on expert resources to recommend possible
accommodations. Where different possible accommodations are being
considered, your supervisor or the hiring coordinator will discuss the
effectiveness of the different accommodations with you.
- Your supervisor or the hiring coordinator will respond to your reasonable accommodation request as
soon as possible, but no later than three business days from when your
request was made, unless medical information is required. Medical
information is further discussed below.
- If your reasonable
accommodation request is approved, the accommodation will be provided as
soon as possible, but no later than five business days from when you made
the request, unless expert resources need to be called on to recommend
possible accommodations, equipment needs to be purchased, the work space
needs to be reconfigured, new staff needs to be hired, or other extenuating
circumstances apply. If additional time is required to provide an
accommodation, you will be notified of the expected date that the
accommodation will be provided, and your supervisor or the hiring
coordinator will discuss with you whether there are any temporary measures
that can assist you.
If medical information is necessary...
- In certain instances,
when the nature of a disability or the need for a reasonable accommodation
is not clear, your supervisor or the hiring coordinator may request you to
provide medical information about your functional impairment and your need
for a reasonable accommodation in order to evaluate your request. The
medical information may be reviewed by a medical expert selected by the
Access Board. If the medical information does not clearly support the
requested accommodation, your supervisor or the hiring coordinator may
request relevant supplemental medical information. You have a responsibility
to provide appropriate medical information when requested. Failure to
provide appropriate medical information can result in the denial of your
reasonable accommodation request.
- If medical information is
requested, your supervisor or the hiring coordinator will respond to your
reasonable accommodation request within three business days after the
initial or supplemental medical information is received, whichever is later.
If your reasonable accommodation request is approved, the accommodation will
be provided within five business days after the initial or supplemental
medical information is received, whichever is later, unless extenuating
circumstances described above apply.
- Medical information
obtained in connection with a reasonable accommodation request will be
placed in a file separate from your personnel file or job application, and
will be kept confidential in accordance with the Privacy Act and 36 C.F. R.
1121. Medical information will be disclosed only to persons described at the top of page 5.
If you need to be reassigned...
- Reassignment is a type of
reasonable accommodation available to an employee who can no longer perform
the essential functions of his or her current position, with or without
reasonable accommodation. If there is a vacant position that you are
qualified for, and you can perform the essential functions of the vacant
position, with or without reasonable accommodation, you will be reassigned
to the vacant position as a reasonable accommodation without having to
compete for the position.
If your reasonable accommodation request is denied...
- If your reasonable
accommodation request is denied, you will receive a written notice
explaining the specific reasons for the denial and your appeal rights.
- You can ask the Executive
Director to assign an impartial mediator from outside the agency to assist
in resolving the matter informally. Requesting mediation is voluntary on
your part. If you are not satisfied with the mediation process, you can file
an equal employment opportunity (EEO) complaint.
- To initiate an EEO
complaint, you must contact an EEO counselor within 45 days of receipt of
the written notice denying your reasonable accommodation request. If you
request mediation, you must still contact an EEO counselor within 45 day of
receiving the denial notice. The Bureau of the Public Debt in the Department
of Treasury processes EEO complaints for the Access Board. To contact an EEO
counselor, call Ms. Cheryl D. Adams, EEO Officer, Bureau of the Public Debt,
304-480-6527.
Supervisors and Hiring Coordinator
In this section, the word
"you" refers to supervisors and the hiring coordinator. This section
tells you how to handle reasonable accommodation requests. This section also
discusses medical information, reassignment, denial of reasonable accommodation
requests, and record keeping.
Responding to reasonable accommodation requests
- You have the authority to
approve reasonable accommodation requests, unless the accommodation requires
the purchase of equipment or services costing more than $1000, reconfiguring
work spaces, or reassignment, or the accommodation cannot be provided by
current staff. When you do not have authority to approve an accommodation,
you will forward the request along with any recommendation to the Executive
Director.
- You will discuss
reasonable accommodation requests with the employee or applicant. Where the
need for an accommodation is unclear, you will ask the employee or applicant
for additional information. Where the specific accommodation needed is
unclear, you will call on expert resources to recommend possible
accommodations. Where different possible accommodations are being
considered, you will discuss the effectiveness of the different
accommodations with the employee or applicant.
- You will respond to
reasonable accommodation requests as soon as possible, but no later than
three business days after the request is made, unless medical information is
required. Medical information is further discussed below.
- If you approve a
reasonable accommodation request, the accommodation will be provided as soon
as possible, but no later than five business days after the request is made,
unless expert resources need to be called on to recommend possible
accommodations, equipment needs to be purchased, the work space needs to be
reconfigured, new staff needs to be hired, or other extenuating
circumstances apply. If additional time is required to provide an
accommodation, you will notify the employee or applicant of the expected
date that the accommodation will be provided, and will discuss with the
employee or applicant whether there are any temporary measures that can
assist him or her.
If medical information is necessary ...
- If the nature of a
disability or the need for a reasonable accommodation is not clear, you may
request the employee or applicant to provide medical information about his
or her functional impairment and need for a reasonable accommodation in
order to evaluate the request. You may request a medical expert selected by
the Access Board to review the information. If the medical information does
not clearly support the requested accommodation, you may request the
employee or applicant to provide relevant supplemental medical information.
- If medical information is
requested, you will respond to a reasonable accommodation request within
three business days after the initial or supplemental medical information is
received, whichever is later. If you approve a reasonable accommodation
request, the accommodation will be provided within five business days after
the initial or supplemental medical information is received, whichever is
later, unless extenuating circumstances described above apply.
- You will place medical
information obtained in connection with a reasonable accommodation request
in a file separate from the employee 抯 personnel file or applicant抯
job application, and will keep the information confidential in accordance
with the Privacy Act and 36 C.F. R. 1121.
- You will disclose medical
information only to: (1) agency officials who participate in making
decisions on reasonable accommodation requests; (2) supervisors and managers
who need to know about necessary restrictions on the work or duties of the
employee or about the necessary accommodations; (3) first aid and safety
personnel if the disability might require emergency treatment; (4)
government officials when necessary to investigate the agency抯 compliance
with the Rehabilitation Act; (5) workmen抯 compensation offices or
insurance carriers where permitted by 29 C.F.R. �30.14(b) and
�30.16(f); and (6) agency officials to report on the agency抯
performance in handling reasonable accommodation requests. When medical
information is disclosed to any of these officials, you will inform them
about the confidentiality requirements that attach to the information.
If an employee needs reassignment...
- Reassignment is a type of
reasonable accommodation available to an employee who can no longer perform
the essential functions of his or her current position, with or without
reasonable accommodation. If there is a vacant position that the employee is
qualified for, and the employee can perform the essential functions of the
vacant position, with or without reasonable accommodation, the employee will
be reassigned to the vacant position as a reasonable accommodation without
having to compete for the position. If an employee needs reassignment as a
reasonable accommodation and you have the authority to select individuals
for the vacant position, you will reassign the employee to the vacant
position. If you do not have authority to select individuals for the vacant
position, you will notify the Executive Director that the employee needs
reassignment, and the Executive Director will reassign the employee.
If you deny a reasonable accommodation request ...
- If you decide to deny a
reasonable accommodation request, you will review the specific reasons with
the Executive Director. If the Executive Director agrees with the action,
you will give the employee or applicant a written notice explaining the
specific reasons for the denial and his or her appeal rights.
Record keeping...
- You will keep a record of
all reasonable accommodation requests that you receive, including oral
requests. The record will include the date the request was made, the
position, the type of accommodation requested, the action taken on the
request, and the date the accommodation was provided. Records for an
individual employee will be maintained for the duration of the individual抯
employment. Records tracking agency performance will be kept for three
years.
Definitions
Reasonable Accommodation: Any
change in the work environment or in the way things are customarily done that
would enable a qualified individual with a disability to be considered for a
position, to perform the essential functions of a position, and to enjoy equal
benefits and privileges of employment.
Qualified Individual with a Disability: An
individual with a disability is qualified if he or she satisfies the skills,
experience, and other job-related requirements for a position; and can perform
the essential functions of the position, with or without reasonable
accommodation.
Essential Functions:Those job duties that are so
fundamental to the position that the individual cannot do the job without being
able to performing them. A function is essential if the position exists
specifically to perform that function; there are a limited number of other
employees who can perform the function; or the function is specialized and the
individual is hired based on his or her ability to perform the function.
Undue hardship:An action requiring significant
difficulty or expense. Undue hardship is determined on a case-by-care basis,
considering the nature and cost of the reasonable accommodation needed and the
impact of the reasonable accommodation on the operations of the agency.
Dissemination
These procedures will be
made available on the Access Board抯 intranet and internet site, and copies
will be provided in alternative formats upon request.
Lawrence W. Roffee
Executive Director
July 23, 2001
