Suggested means of dissemination include providing copies to new employees as part of the standard orientation process, and providing copies and updates to all managers, supervisors, and human resources staff at periodic meetings or equal employment opportunity training, posting the procedures in appropriate locations on the agency's Intranet and/or on its Internet website, and making the procedures available in designated locations such as agency libraries, EEO offices, and personnel/human resources offices. 13164 required that federal agencies establish reasonable accommodation procedures and submit them to the EEOC by July 2001. See "Final Steps: Adoption, Dissemination, and Training," infra at Section X. Frequently Asked Questions, Practical Advice for Drafting and Implementing Reasonable Accommodation Procedures Under Executive Order 13164, This document provides information on compliance with an Executive Order requiring federal agencies to draft and implement reasonable accommodation procedures in conjunction with their obligations under the Rehabilitation Act. Be careful not to inadvertently require medical documentation beyond what the Rehabilitation Act allows. The employee with a disability must play an integral part in the interview and selection process of an interpreter, reader, or assistant. Explain that denials of requests for reasonable accommodation must be in writing and specifically explain the reasons a request was denied (e.g., why the medical documentation is inadequate to establish that the individual has a disability or needs reasonable accommodation, why the requested accommodation would not be effective, or why the accommodation would pose an undue hardship). In addition, since maintaining a model EEO program under EEOC Management Directive 715 requires adoption and dissemination of complete reasonable accommodation procedures, an agency that has failed to do so is not in compliance with the Management Directive. Modifying work policies or workplace rules. In the event the President issues an Executive order granting a "half-day" holiday, a full-time employee on a standard work schedule is credited with 4 holiday hours. The supervisor would violate the Rehabilitation Act if he revealed that the coworker received the chair as a reasonable accommodation. For example, if you are undergoing weekly chemotherapy treatment, you may be unable to work a couple of days a week, while you receive your treatment and recover State with specificity when each time frame begins to run. Make clear that by failing to engage in this "interactive process" in appropriate circumstances, the agency risks providing an accommodation that is ineffective, or improperly denying reasonable accommodation, because it is unaware of alternatives that the individual with the disability or an outside expert might have suggested if consulted. WebBreaking news from the premier Jamaican newspaper, the Jamaica Observer. She asks to work from 1 to 5 p.m., so her husband can pick her up after work. See Reasonable Accommodation Guidance at question 42. See 13164 Policy Guidance at question 15. The guide helps employers provide hiring accommodations quickly! The .gov means it's official. Therefore, do not assign agency EEO staff a decision making role in processing reasonable accommodation requests. This training should include instructions on what steps to take if they receive an accommodation request they are not authorized to handle themselves, i.e., the name(s) of the individual to whom they should refer the request, and the time frame for doing so. The .gov means it's official. For example, the procedures could specify that a supervisor who grants a request is also responsible to follow through and make any necessary arrangements to ensure that the accommodation is provided within the applicable time limit. In no case should a staff assistant be called upon -- by management or by the employee(s) to whom he or she is assigned -- to perform the essential functions of the job held by the employee with the disability. Job held or desired by individual requesting reasonable accommodation (including occupational series, grade level, and office): Reasonable accommodation needed for: (check one). it lessens the chance that the Rehabilitation Act's confidentiality rules will be violated because it limits the number of people with access to confidential medical information. 3. Some employees with disabilities need to work part time, either temporarily or on a long-term basis. Suzette is returning to work following surgery, and can only work four hours a day for six weeks. WebExamples of Part-Time or Modified Schedules as Reasonable Accommodations. Require prompt processing regardless of time limit. all functions as essential a factual issue existed as to whether the companys strict punctuality policy could be modified as a reasonable accommodation for an employee with paraplegia whose 2. Provide for multiple levels of reconsideration. Expressly state that the agency may not request medical information in support of every accommodation request, but rather may require reasonable information/documentation where the disability and/or need for accommodation is not obvious or otherwise known. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Make clear that the agency's obligation to consider an individual's request begins when the request is made to any of the following (see 13164 Policy Guidance at question 5): Requiring accommodation requests to be made only to one particular agency official, or only within one's chain of command, will incorrectly suggest to other supervisors and managers that they have no obligation to act on any other requests. Explain the right to file an EEO complaint and the other statutory rights. However, you are entitled to a reasonable accommodation only if it doesn't create undue hardship for your employer. Where an agency cannot designate in the procedures exactly which official will be processing an accommodation request because this is not known in advance, instead create a standardized mechanism for case-by-case notification. Require processing of request and delivery of accommodation within the designated time limit. Training on when and how much medical information may be requested. Before sharing sensitive information, make sure you're on a federal government site. Written procedures are an excellent tool for managing the reasonable accommodation process and ensuring compliance with Section 501 of the Rehabilitation Act. WebThe Upwork Terms of Service is comprised of the following agreements:. Explain that accommodation can be requested at any time. Federal government websites often end in .gov or .mil. Once you've made your request, your employer is obligated to engage in a dialogue with you to arrive at an accommodation. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. Emphasize that violations of the confidentiality requirement are serious. In the event the President issues an Executive order granting a "half-day" holiday, a full-time employee on a standard work schedule is credited with 4 holiday hours. Workplace policies and rules can be modified to accommodate disabled employees reasonable accommodations. It may also be helpful to specifically designate someone, such as a Disability Program Manager, to oversee adherence to these time frames and to identify this person in the procedures. Agencies have utilized such individuals in a variety of ways, including: Provide training for all agency officials responsible for processing requests. For example, if you are undergoing weekly chemotherapy treatment, you may be unable to work a couple of days a week, while you receive your treatment and recover Require the agency to investigate and implement temporary measures to assist the individual with a disability during any period of processing delay. Do not require that an accommodation request be made at a certain time. 5 However, reasonable accommodation is always prospective, so an employer is not required to excuse performance problems or past misconduct (in violation of a rule that is job-related for the position in question and consistent with business necessity) that has occurred prior to the accommodation request, even if the problem resulted from the individual's disability. WebSynopsis The National Statement is intended for use by: any researcher conducting research with human participants any member of an ethical review body reviewing that research those involved in research governance potential research participants. Make clear that the reconsideration process should provide for reconsideration by the original decision maker AND a second level of reconsideration by an agency official who was not involved in the original decision. Explain that all medical information must be kept confidential, meaning maintained in files separate from the individual's personnel file. Work smarter and faster using the free MyJAN Portal! The staff assistant slots are to be used only to hire interpreters, readers, and assistants as a reasonable accommodation for employees with disabilities. Make clear that denials of requests for reasonable accommodation must include information about the individual's right to file an EEO complaint and to invoke other statutory processes, as appropriate, as well as the availability of the informal dispute resolution process. Consider the type of surface and how often the surface is touched. 13164 requires that each federal agency submit to EEOC any future modifications to its reasonable accommodation procedures. WebThe Intergovernmental Personnel Act section provides information to Federal agencies for the temporary assignment of personnel between the Federal Government and state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers, and other eligible organizations. A Office of Federal Operations _____ Accommodation Would Cause Undue Hardship, _____ Accommodation Would Require Removal of an Essential Function, _____ Accommodation Would Require Lowering of Performance or Production Standard, _____ Other (Please identify) ____________________. For example, the responsible official should inquire whether: The agency can then conduct the search within the parameters the employee has set. List the limited circumstances under which confidential medical information may be disclosed. Ensure that the procedures: (1) identify who (by position title, such as first-line supervisor, office director, etc.) Some employees with disabilities need to work part time, either temporarily or on a long-term basis. 2 Under E.O. Encourage decision makers to use these resources as needed. Procedures which fail to provide a denial form or which use a less detailed form may cause supervisors and managers to omit or misstate important information. With respect to any future changes to agency procedures, the Executive Order requires that each agency or agency component submit to the EEOC any modifications to its reasonable accommodation procedures at the time the modifications are adopted. Develop Your Plan. This actually simplifies matters for supervisors and managers because they can operate on the premise that all medical information, regardless of how they obtained it or to whom it applies, must be kept confidential. Prioritize cleaning high-touch surfaces at least once a day. Explain that denials of requests for reasonable accommodation must be in writing and specifically explain the reasons a request was denied (e.g., why the medical documentation is inadequate to establish that the individual has a disability or needs reasonable accommodation, why the requested accommodation would not be Equal Employment Opportunity Commission. Make time limits for processing requests and providing reasonable accommodations as short as reasonably possible. Explain the types of medical information or documentation that may be requested where necessary to determine if the requester is an individual with a disability and needs the accommodation requested, see 13164 Policy Guidance at question 17, such as: Avoid using any pre-printed medical information forms where possible. Ensure that managers and supervisors understand that the provision of a maximum time limit in the procedures does not mean that they can or should take the full length of time allotted in each case. It should also include examples of frequently overlooked accommodation requests, such as requests for unpaid leave for an employee's own medical condition beyond the amount of leave available under the Family and Medical Leave Act (FMLA). Provide for back-up decision makers, to permit the agency to continue receiving and processing requests and providing reasonable accommodations when the primary decision maker is unavailable. Generally, delay by the agency's chosen medical expert is not an "extenuating circumstance," because he or she is generally considered to be within the agency's control, even if performing services on a contract basis. Entitle the form Confirmation of Request for Reasonable Accommodation or in some other way make clear that it is merely for keeping track of requests. These steps might include referral of the request to the authorized decision maker (see above), communicating with the requester to clarify the request, obtaining and exchanging information with the requester to the extent necessary regarding needs and alternatives, searching for solutions, consulting agency and outside resources, determining whether the requester is an individual with a disability, evaluating possible accommodations, issuing a decision on the request, and if granted, providing the accommodation. Reg. In fact, many employers choose to implement procedures for uniformly granting requests for certain types of accommodations that can be readily and inexpensively provided without determining whether the requester is an individual with a disability. List any "extenuating circumstances" that may cause delay, limited to factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation. The report is divided into ten sections, addressing each of the different aspects of the reasonable accommodation process outlined in E.O. Supervisors and managers may feel that the confidentiality requirement is less stringent than the Rehabilitation Act's other nondiscrimination requirements and that a violation of confidentiality will not result in liability for the agency. Do not exceed limits of request confirmation forms. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean Explain that denials of reasonable accommodation requests must specifically describe the reasons for denial. If you are unable to work a full schedule due to treatment, the effects of medication, the need for rest, or other reasons relating to your disability, you may be entitled to part-time work as a reasonable accommodation. While a particular requested reasonable accommodation may seem like a clear case of "undue hardship" to a supervisor or manager, the agency expert, with access to objective information about the agency's available resources, may see the situation differently. Explain to whom and under what circumstances medical information may be disclosed. Ensure that the agency's systems of record keeping track the processing of requests for reasonable accommodation. Provide time periods for maintaining records. In the alternative, if EEO staff is given a decision making role in accommodation requests, provide in the procedures that the staff member will recuse him/herself from handling any EEO complaint on the same matter. If you cannot work your usual schedule due to a disability, and your employer refuses to grant you an accommodation, talk to an experienced employment lawyer right away. All alternative dispute resolution processes must be accessible to individuals with disabilities. Submission of procedures as well as requests for technical assistance should be directed to: Director, Federal Sector Programs Consider making certain accommodations available to any employee. should be forwarded to the identified decision maker; and (3) provide for a referral system with time frames. Before sharing sensitive information, make sure you're on a federal government site. Providing independent review will enhance applicants' and employees' trust in the fairness of the process. 3 Issuance of procedures by federal agencies as well as appropriate dissemination and training is necessary in order to comply with Management Directive 715. State that denials, in addition to being in writing and including the specific reasons for the denial, must also include the following information: The best way to make certain that all denials are in writing and include the necessary information is to require decision makers to use a pre-printed denial form and attach that denial form to the procedures. Recusal is a safeguard against actual or apparent conflicts of interest, and can be used even by small agencies that have only one or two EEO staff members by designating an agency official outside the EEO office who will be authorized to handle EEO matters where a potential conflict of interest arises. Date reasonable accommodation request referred to decision maker (i.e., supervisor, Office Director, Disability Program Manager, Personnel Management Specialist): Date reasonable accommodation approved or denied: Date reasonable accommodation provided (if different from date approved): If time frames outlined in the Reasonable Accommodation Procedures were not met, please explain why. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Search for a solution even if the employee has not proposed one. Explain the steps for handling an accommodation request, including engaging in an "interactive process" to obtain and share information. the identity of the employee or office that made the decision; if a specific requested accommodation has been denied and another offered in its place, the reasons for the denial and the reasons the agency believes the chosen accommodation will be effective; information about the individual's right to file an EEO complaint and to invoke other statutory processes; and. Confirmation of Request for Reasonable Accommodation, Attachment B: Sample Language Regarding Creation of Staff Assistant Slots, Attachment C: Sample Form Schedule 1Application of Act to dangerous goods and high risk plant 200. Whether by using such a mechanism or by another means, make sure that some designated time period applies once the agency receives the response. In addition, the procedures could require that the staff member promptly notify the requester to whom the request has been referred for handling. Make clear that the confidentiality obligation applies to everyone. See Designate an agency expert as a resource and coordinator in Section II, above (discussion of some possible roles and responsibilities for a Disability Program Manager or equivalent position). 1-800-669-6820 (TTY) Follow Jamaican news online for free and stay informed on what's happening in the Caribbean See, e.g., Attachment D (sample Reasonable Accommodation Reporting Form). (See Section II, below, for suggested language). [outline reconsideration steps in agency procedures, e.g. Explain that the agency may request, and an individual requesting an accommodation is required to provide, appropriate medical information related to the functional impairment and the requested accommodation where the disability and/or need for accommodation is not obvious or already known. If it is another staff member, s/he should forward it to the appropriate official within three days of receipt, with a copy of the referral to the disability program manager." For more detailed information regarding the nature and scope of the reassignment obligation, see Reasonable Accommodation Guidance at text preceding question 25 and at questions 25-31. Waiting to receive medical documentation from a third party can be an extenuating circumstance, but review of the documentation once received should be subject to a time limit. Offer detailed practical guidance regarding reassignment as an accommodation to ensure that decision makers and requesters have a clear idea of what will happen in the process and when it will happen. WebGlossary of Governing Documents: Active Member An individual who is a paid member in good standing with Toastmasters International. The request can be made orally and does not require the use of "magic words" such as "reasonable accommodation" or "disability". This method takes account of the employee's preferences while at the same time potentially minimizing the scope of the vacancy search the employer needs to conduct. Web(See 5 U.S.C. Lack of communication between the decision maker and requester may lead to a mistaken denial of an accommodation request (if, for example, the decision maker is not fully aware of the requester's skills and abilities) or to unnecessary use of resources (such as searching for a vacant position in geographic area(s) to which the requester is unwilling to be reassigned even if a vacancy is available there). Ensure that managers and supervisors are aware of the range of possible types of accommodations, including: making physical modifications to the workplace; acquiring equipment or adaptive devices; modifying existing equipment; modifying policies; restructuring a job (swapping or eliminating marginal functions), granting part-time work, modifying a work schedule; providing sign language interpreters or readers, granting leave (use of accrued paid leave, or permitting unpaid leave), permitting telework, or reassignment to a vacant position. Consider implementing centralized funding mechanisms. 13164, with the ability to generate statistical reports analyzing the data in various ways. If the requester does not fill out a required written confirmation form, an agency official can do so, since the form is merely to track requests. See, e.g., Attachment C (sample denial form that requires decision makers to fill out a checklist as well as provide a narrative explanation). 13164, as well as effective dissemination procedures and training. WebExamples of Part-Time or Modified Schedules as Reasonable Accommodations. State that an individual with a disability should not be required to accept a reassignment if there is an accommodation that would allow the individual to remain in his or her current job and does not pose an undue hardship. 13164, can voluntarily adopt reasonable accommodation procedures to ensure compliance with Title I of the Americans with Disabilities Act (ADA), using the EEOC 13164 Policy Guidance and this report to design, draft and implement reasonable accommodation procedures.4. WebGlossary of Governing Documents: Active Member An individual who is a paid member in good standing with Toastmasters International. If negotiations don't work, the lawyer can protect your legal rights by filing a charge of discrimination with the EEOC. 1614, contact an EEO counselor in the Equal Employment Opportunity office, For a collective bargaining claim, file a written grievance in accordance with the provisions of the Collective Bargaining Agreement; or, Initiate an appeal to the Merit Systems Protection Board. provides practical drafting advice, based on the common pitfalls EEOC found in agency reasonable accommodation procedures; includes illustrative EEOC federal sector appellate decisions issued under Section 501 of the Rehabilitation Act, available at. It also ensures that the requester will be aware that invoking the reconsideration process does not toll the time frame for filing an EEO complaint, or other time frames which begin running upon receipt of the agency's original decision denying accommodation. Help managers and supervisors recognize requests. The Americans with Disabilities Act (ADA) is the law that gives you the right to a reasonable accommodation: modifications to your workplace, schedule, policies, job duties, uniform requirements, and other work rules that will allow you to perform your job. Search for alternatives if the employee's proposed solution is ruled out. Do not permit waiting until a written request or record-keeping confirmation form is received. For Federal employees who work in the District of Columbia, Montgomery or Prince George's Counties in Maryland, Arlington or Fairfax Counties in Virginia, or the cities of Alexandria or Fairfax in Virginia, Inauguration Day is observed concurrently with the Martin Luther King, Jr., holiday. the employee is willing to be reassigned outside the facility or outside the commuting area, and if so, to what locations; the employee is willing to be reassigned to a different type of position for which he or she may be qualified, and if so to what type(s); the employee is willing to be reassigned to a different sub-component of the department, and if so, to which one(s); the employee is willing, if no position is available at his or her current grade level, to be reassigned to a lower-grade position, and if so, down to what grade. WebThe Intergovernmental Personnel Act section provides information to Federal agencies for the temporary assignment of personnel between the Federal Government and state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers, and other eligible organizations. EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (as revised Oct. 17, 2002) ("Reasonable Accommodation Guidance") at questions 35-36. 7 An employer's obligation to offer reassignment to a vacant position is not limited to vacancies within an employee's office, branch, agency, department, facility, personnel system (if the employer has more than a single personnel system), or geographical area. ) or https:// means youve safely connected to the .gov website. Some agencies have designated a single individual to coordinate for the agency overall, and others have additionally assigned individuals to serve that function at the regional, local, or facility level. Explain when reassignment must be considered prior to termination. USE OF STAFF ASSISTANTS. For this reason, limit the information sought on request confirmation forms to name, contact information, date of request, date of form, office, accommodation requested and reason for request. As detailed throughout the prior sections of this report, appropriate training on each step in an agency's procedures, and the relevant Rehabilitation Act provisions as interpreted in EEOC federal sector appellate decisions and in EEOC guidance, is critical to successful implementation. Require upper-level review before denying an accommodation based on "undue hardship.". Granting an employee time off from work or an adjusted work schedule as a reasonable accommodation may involve modifying leave or attendance procedures or policies. Make sure that time periods apply throughout the processing of an accommodation request. Specify the decision maker and explain the steps managers and supervisors must follow when they receive an accommodation request on which they are not authorized to act. Expressly warn against asking for medical information in support of every accommodation request. Require expedited processing where needed. Each section: We hope that federal agencies will use the guidance in this report when drafting, revising, and implementing reasonable accommodation procedures.3 In addition, private sector and state and local government employers, although not covered by E.O. See, e.g., Attachment C (sample denial form with pre-printed information regarding filing rights; this form can be adapted to incorporate information regarding an agency's own particular reconsideration procedures). Explain when reassignment will be required as a reasonable accommodation if the agency determines that no reasonable accommodation will permit the employee with a disability to perform the essential functions of his or her current position. The National Statement is developed jointly by the National Health and Medical Research See Reasonable Accommodation Guidance at question 27. Staff assistants are sign language interpreters, readers, and assistants who perform physical tasks that an employee cannot perform because of a disability. 339.102; use a medical release form that constitutes a general release for all medical records; or. Regardless, each agency must take whatever steps are necessary to disseminate their reasonable accommodation procedures, and any accompanying forms, in a variety of ways to ensure access by all applicants and employees, and to provide appropriate training. Explain that denials of requests for reasonable accommodation must be in writing and specifically explain the reasons a request was denied (e.g., why the medical documentation is inadequate to establish that the individual has a disability or needs reasonable accommodation, why the requested accommodation would not be If your disability results in reduced stamina and energy, you may need a permanent part-time schedule. Supervisors and managers should be made aware that the confidentiality rules apply to all applicants and employees, whether or not they are individuals with disabilities. Develop Your Plan. User Agreement; Terms of Use; Direct Contract Terms; Any Hire Terms; Escrow Instructions All denials of accommodation requests must be in writing and must provide a specific explanation of the grounds for denial. See Reasonable Accommodation Guidance at question 8 and examples. flexibility to approve leave or to restructure work schedules. E.O. Granting an employee time off from work or an adjusted work schedule as a reasonable accommodation may involve modifying leave or attendance procedures or policies. Any agency that has not submitted procedures to the EEOC, made any necessary revisions based on EEOC's feedback, and completed final adoption and issuance of reasonable accommodation procedures is not in compliance with E.O. This is less convenient for Suzette, but it is an effective accommodation for her disability. 13164 was issued, for the first time requiring that all executive branch federal agencies institute procedures for processing reasonable accommodation requests under Section 501 of the Rehabilitation Act of 1973.1 The purpose of such procedures is to provide employees as well as supervisors and managers with an easy-to-understand, step-by-step explanation of the reasonable accommodation process. Do Not Sell My Personal Information, Medical Conditions - Eligibility for Disability Benefits, After You're Approved for Disability Benefits, Workers' Compensation Benefits Information, State-Specific Information for Workers Compensation, The Americans with Disabilities Act (ADA), how the ADA defines disability and otherwise qualified, Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act, Medical Conditions - Eligibility For Disability Benefits, After Youre Approved For Disability Benefits, State-Specific Information For Workers Compensation. An individual requests and receives a special lumbar-support chair as a reasonable accommodation. This undermines the purpose of having time frames in place to avoid undue delay in processing requests. Describe step-by-step how to evaluate and resolve an accommodation request. Include practical guidance regarding reassignment. Define the term "extenuating circumstances," see 13164 Policy Guidance at question 14, and give examples which illustrate that the concept is very limited, including only such things as waiting for needed medical information from an individual's health care provider, waiting for equipment that is on back-order and cannot be otherwise obtained, or other factors outside an agency's control. Otherwise, an agency risks insufficient follow-through after a request is granted. Where an agency's EEO staff participates in deciding accommodation requests, an actual or perceived conflict of interest may arise if a requester subsequently files an EEO complaint and the EEO staff is responsible for determining if their own actions were in accordance with the Rehabilitation Act. Attach to the procedures a form entitled "Denial of Reasonable Accommodation Request" and state that decision makers should use the attached form. Training should emphasize that a violation of the Rehabilitation Act's medical confidentiality requirements exposes the agency to liability, even if no other action is taken against the individual whose medical information is disclosed. Be aware of special considerations regarding sign language interpretation. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities. The heavy part of Suzette's workload is from 7 to 9 a.m., when people bring their cars in before work. See Reasonable Accommodation Guidance at question 42 (discussing suggested ways managers can respond to co-worker questions of this sort, for example by emphasizing that it is the employer's policy to assist any employee who encounters difficulties in the workplace, pointing out that many of the workplace issues confronted by employees are personal, and that, in these circumstances, it is the employer's policy to respect employee privacy). Determine What Needs to Be Cleaned. State when each time frame begins to run, and make sure there are no gaps. Do not require that accommodation requests use any particular words (like "reasonable accommodation" or "disability"). at question 36. Define "extenuating circumstances" to time frames clearly. Similarly, it would be erroneous to list the conduct of an examination or review of medical documentation from the agency's own physician or other expert as an "extenuating circumstance." Order 13145: To Prohibit Discrimination in Federal For more detailed information, see Reasonable Accommodation Guidance at text preceding question 25 and at questions 25-31. Require that before denying an accommodation request based on cost or operational difficulty, a decision maker must obtain review from a designated office or individual higher in the chain of command who can determine whether the proposed accommodation would in fact pose an undue hardship. In this situation, you may be entitled to a vacant position that will allow for the scheduling changes you need. Sources of technical assistance, if any, consulted in trying to identify possible reasonable accommodations (e.g., Job Accommodation Network, disability organization, Disability Program Manager). with a Disability" Under the ADAhttps://www.eeoc.gov/laws/guidance/eeoc-enforcement-guidance-effect-representations-made-applications-benefits-determination-whether, Enforcement Guidance: Workers' Compensation & the ADAhttps://www.eeoc.gov/policy/docs/workcomp.html, Enforcement Guidance: Preemployment Disability-Related Questions & Medical Examinationshttps://www.eeoc.gov/policy/docs/preemp.html, Compliance Manual Section 902: Definition of the Term Disabilityhttps://www.eeoc.gov/section-902-definition-term-disability, Interim Enforcement Guidance on the Application of the ADA to Disability-Based Distinctions in Make clear that reassignment is the accommodation of last resort, i.e., unless the employee voluntarily agrees, the employer cannot resort to reassignment unless the employee cannot be accommodated in his or her current position. A lawyer can evaluate the facts and let you know if you have a good claim for a reasonable accommodation. Employees Under the ADAhttps://www.eeoc.gov/policy/docs/guidance-inquiries.html, Policy Guidance on Exec. Explain who will notify the individual requesting accommodation of the decision to grant or deny it. For example, the request does not have to be made as soon as a disability affects work performance, or by some other specified time. User Agreement; Terms of Use; Direct Contract Terms; Any Hire Terms; Escrow Instructions The other employees in the office ask their supervisor why their coworker is receiving "special treatment." Secure .gov websites use HTTPS A written confirmation form from the requester is not needed either to evaluate and issue a decision on the request or to provide accommodation. Specify the time frame in which a reasonable accommodation request will be granted or denied, absent extenuating circumstances. See 13164 Policy Guidance at questions 21-22. This is often called the interactive process, referring to the mutual sharing of information and ideas between the requester and the employer. An official website of the United States government. Explain what types of medical information or documentation can be sought. provides training and implementation tips. If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Explain in detail when and how agencies may have medical documentation reviewed by a medical expert and/or require the requester to go to a health care provider of the agency's choice. Train managers and supervisors on their responsibilities with respect to any accommodation request they receive. Consultation with the appropriate official in the chain of command, the disability program manager, or other individual who can determine whether, based on the employer's resources overall, the proposed accommodation would pose a significant difficulty or expense will reduce the risk that managers or supervisors will deny a request based solely on the resources of their individual office budgets or based merely on speculation. Ask what reassignments the requester is willing to accept. Persons with disabilities hired as readers, interpreters, or assistants may also be hired under the 213.3102 (u) authority. 43. 13164, Section 3, agencies are also required to notify their collective bargaining representatives and to bargain over their reasonable accommodation procedures, to the extent required by law. is authorized to make decisions on different types of requests; (2) explain specifically what types of requests (e.g., ordering assistive technology, removing architectural barriers, etc.) To evaluate and resolve an accommodation request will be granted or denied, extenuating... Inadvertently require medical documentation beyond what the Rehabilitation Act with respect to any request... Throughout the processing of request and delivery of accommodation within the designated time limit making... For processing requests and receives a special lumbar-support chair as a reasonable accommodation request news from the premier newspaper... As effective dissemination procedures and training alternative dispute resolution processes must be accessible individuals! If negotiations do n't work, the Jamaica Observer work smarter and faster using free. Step-By-Step how to evaluate and resolve an accommodation request example, the procedures require., '' infra at Section X 9 a.m., when people bring their cars before. That the agency 's systems of record keeping track the processing of an request... Aspects of the different aspects of the confidentiality requirement are serious in addition, the Jamaica Observer, suggested! Solution is ruled out see `` Final steps: Adoption, dissemination, and training by filing a charge discrimination. Or assistant ) authority statutory rights aspects of the process EEO staff a decision making role in requests. Requester to whom and under what circumstances medical information may be requested at any time hardship. `` government... 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Excellent tool for managing the reasonable accommodation process outlined in E.O a form entitled `` Denial of accommodation! The supervisor would violate the Rehabilitation Act allows ADAhttps: //www.eeoc.gov/policy/docs/guidance-inquiries.html, Policy Guidance on Exec to! In place to avoid undue delay in processing requests government websites often in. With a disability must modified work schedule reasonable accommodation an integral part in the fairness of the confidentiality obligation to... Faster using the free MyJAN Portal tool for managing the reasonable accommodation Guidance at question...., so her husband can pick her up after work purpose of having frames... Beyond what the Rehabilitation Act let you know if you have a claim! The interview and selection process of an interpreter, reader, or assistant using the free MyJAN!... Information or documentation can be Modified to accommodate disabled employees reasonable Accommodations as short as reasonably possible you. Agencies as well as effective dissemination procedures and training, '' infra at X. May also be hired under the ADAhttps: //www.eeoc.gov/policy/docs/guidance-inquiries.html, Policy Guidance Exec. With disabilities 5 p.m., so her husband can pick her up after.! Adahttps: //www.eeoc.gov/policy/docs/guidance-inquiries.html, Policy Guidance on Exec the limited circumstances under which confidential medical information may be disclosed for! Newspaper, the responsible official should inquire whether: the agency 's systems of record track... Are entitled to a vacant position that will allow for the modified work schedule reasonable accommodation changes you.. Order modified work schedule reasonable accommodation comply with Management Directive 715 upper-level review before denying an accommodation a can... Scheduling changes you need train managers and supervisors on their responsibilities with respect to any accommodation request made... Made at a certain time comply with Management Directive 715 steps for an. Adoption, dissemination, and training is necessary in order to comply with Management Directive 715 accommodation. Assign agency EEO staff a decision making role in processing requests and receives a special lumbar-support as! Different aspects of the reasonable accommodation request be entitled to a vacant position that allow! Aspects of the process variety of ways, including: Provide training for all medical records ; or in! With Toastmasters International good standing with Toastmasters International hours a day and make sure that time periods apply throughout processing. Referring to the.gov website is obligated to engage in a dialogue with you to arrive at an.... And ensuring compliance with Section 501 of the following modified work schedule reasonable accommodation: Service is comprised of the aspects. May also be hired under the 213.3102 ( u ) authority who is a paid member in standing... Employer is obligated to engage in a dialogue with you to arrive at accommodation. Request be made at a certain time the premier Jamaican newspaper, the procedures could require an! Special lumbar-support chair as a reasonable accommodation '' or `` disability '' ) frames in place to avoid undue in... A federal government websites often end in.gov or.mil analyzing the data in various ways and let you if!, either temporarily or on a long-term basis of accommodation within the the... Frame begins to run, and can only work four hours modified work schedule reasonable accommodation day Suzette but. Conduct the modified work schedule reasonable accommodation within the parameters the employee 's proposed solution is ruled out clear that the obligation... Or record-keeping confirmation form is received comply with Management Directive 715 least once a day accommodation for her.... Part time, either temporarily or on a federal government websites often end in or! A good claim for a solution even if the employee with a disability play. Schedules as reasonable Accommodations can be Modified to accommodate disabled employees reasonable Accommodations prior to termination an interpreter reader. Made at a certain time accommodation based on `` undue hardship for your employer temporarily or on a basis... Of the decision to grant or deny it the staff member promptly notify the and... Are serious, with the EEOC careful not to inadvertently require medical documentation beyond the. Before work their cars in before work part of Suzette 's workload is 7! // means youve safely connected to the procedures a form entitled `` Denial of reasonable accommodation procedures for! Expressly warn against asking for medical information or documentation can be sought work 1... `` Denial of reasonable accommodation process outlined in E.O the mutual sharing of information and ideas between the requester the. Charge of discrimination with the EEOC by July 2001 the attached form the.gov website agreements: of special regarding. Guidance at question 8 and examples only work four hours a day every accommodation request on federal. A referral system with time frames in place to avoid undue delay processing! Request is granted example, the responsible official should inquire whether: the agency 's systems of record track... They receive received the chair as a reasonable accommodation procedures be requested at any time explain when reassignment must considered! Surgery, and make sure there are no gaps legal rights by filing charge. Appropriate dissemination and training against asking for medical information may be requested at any time records ; or comply. Do n't work, the Jamaica Observer responsible for processing requests and receives a special lumbar-support chair a... And ensuring compliance with Section 501 of the Rehabilitation Act allows regarding sign language interpretation this situation you! Evaluate and resolve an accommodation based on `` undue hardship. `` processes must be considered prior to.. Each federal agency submit to EEOC any future modifications to its reasonable accommodation written request or record-keeping form! Should use the attached form to its reasonable accommodation its reasonable accommodation explain to whom request. A charge of discrimination with the ability to generate statistical reports analyzing the data in various ways process outlined E.O... Of Suzette 's workload is from 7 to 9 a.m., when bring... Future modifications to its reasonable accommodation procedures and submit them to the identified decision maker ; (..., you may be disclosed has been referred for handling an modified work schedule reasonable accommodation based on `` undue hardship. `` employer! Confidential, meaning maintained in files separate from the premier Jamaican newspaper, the responsible official should inquire whether the. Is necessary in order to comply with Management Directive 715 webthe Upwork Terms of Service is comprised of the.. Medical release form that constitutes a general release for all agency officials responsible processing. Place to avoid undue delay in processing reasonable accommodation only if it does n't create hardship. Consider the type of surface and how much medical information in support of every accommodation request temporarily or a! To restructure work Schedules premier Jamaican newspaper, the responsible official should inquire whether: the agency can then the. Divided into ten sections, addressing each of the confidentiality requirement are serious expressly warn asking... And the other statutory rights making role in processing reasonable accommodation safely connected to the EEOC could require that accommodation... Who will notify the individual requesting accommodation of the different aspects of the reasonable accommodation process and ensuring with... Not permit waiting until a written request or record-keeping confirmation form is received required that federal establish. That decision makers to use these resources as needed employee 's proposed solution is ruled out at Section X of. Waiting until a written request or record-keeping confirmation form is received that constitutes a general release for all records! Whom the request has been referred for handling an accommodation based on `` undue hardship for your is. Individual 's personnel file not assign agency EEO staff a decision making role processing... Or assistant procedures a form entitled `` Denial of reasonable accommodation federal government site if negotiations do work. In.gov or.mil agencies have utilized such individuals in a variety of ways, including engaging in ``! Ensuring compliance with Section 501 of the following agreements: that accommodation can requested. Requirement are serious so her husband can pick her up after work no gaps everyone. Least once a day for six weeks addressing each of the confidentiality obligation applies to everyone an agency insufficient!
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