(ADA Coordinator’s Office template for Reasonable Accommodation Policy)

[AGENCY] ADA Reasonable Accommodation Policy

Under the law, [AGENCY] must provide reasonable accommodation to qualified employees or applicants with disabilities, unless to do so would cause undue hardship. The [AGENCY] is committed to providing reasonable accommodations to its employees and applicants for employment to ensure that individuals with disabilities enjoy equal access to all employment opportunities. [AGENCY] provides reasonable accommodations:

when an applicant with a disability needs an accommodation to have an equal opportunity to compete for a job;

when an employee with a disability needs an accommodation to perform the essential functions of the job or to gain access to the workplace; and

when an employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., training, office-sponsored events).

A reasonable accommodation is any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. While there are some things that are not considered reasonable accommodations (e.g., removal of an essential job function or personal use items such as a hearing aid that is needed on and off the job), reasonable accommodations can cover most things that enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits such as kitchens, parking lots, and office events.

Common types of accommodations include:

modifying work schedules or supervisory methods

granting breaks or providing leave

altering how or when job duties are performed

removing and/or substituting a marginal function

moving to different office space

providing telework beyond that provided by the collective bargaining agreement or the relevant MOU.

making changes in workplace policies

providing assistive technology, including information technology and communications equipment or specially designed furniture

providing a reader or other staff assistant to enable employees to perform their job functions, where the accommodation cannot be provided by current staff

removing an architectural barrier, including reconfiguring work spaces

providing accessible parking

providing materials in alternative formats (e.g., Braille, large print)

providing a reassignment to another job.

[AGENCY] will process requests for reasonable accommodation and will provide reasonable accommodations where appropriate, in a prompt and efficient manner in accordance with the time frames set forth in these procedures.

[AGENCY] has designated an [HR Contact] to oversee the reasonable accommodation program agency-wide. All requests for reasonable accommodation will be handled by the [HR CONTACT]. If a request is given to a manager or supervisor rather than directly to the [HR CONTACT], that individual should forward the request immediately and must do so within [XX] business days. When an employee makes a request for reasonable accommodation that involves performance of the job, the [HR CONTACT] will work with the employee’s supervisor to ensure that an appropriate accommodation is provided that meets the individual’s disability-related needs and enables the individual to perform the essential functions of the position.

As part of the reasonable accommodation interactive process, the [HR CONTACT] will obtain and evaluate documentation supporting an accommodation request (such as medical documentation demonstrating that the requestor is an individual with a disability), whenever the disability or need for accommodation is not obvious.

While the [HR CONTACT] will handle all requests for reasonable accommodations, supervisors, managers, and office directors often will need to be consulted about specific requests. Therefore, all management personnel must be familiar with these procedures and the EEOC’s “Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act” (rev. Oct. 17, 2002), which contains significant information on the responsibilities of agency personnel involved in responding to a request for reasonable accommodation, as well as the rights and responsibilities of those requesting accommodation.

(This document is available at http://www.eeoc.gov/policy/docs/accommodation.html.)

[AGENCY] may take steps, solely at the agency’s discretion, beyond those required by the ADA.

II. Reasonable Accommodation Procedures

A. Requesting Reasonable Accommodation

Generally, an applicant or employee must let the [AGENCY] know that he needs an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition.

An applicant or employee may request a reasonable accommodation at any time, orally or in writing. An individual should request a reasonable accommodation from ([HR CONTACT]). For applicants, information about contacting the [HR CONTACT] will be in the [vacancy announcement].

If an employee makes a reasonable accommodation request to someone other than the [HR CONTACT], such as her supervisor, office director, district director, or regional attorney, these supervisors/managers should forward the request to the [HR CONTACT] immediately and must do so within [XX] business days. The reasonable accommodation process begins as soon as the oral or written request for accommodation is made to any manager in an employee’s chain of command, so it is imperative that the request be forwarded to the [HR CONTACT] within [XX] business days.

An individual’s receipt or denial of an accommodation does not prevent the individual from making another request at a later time if circumstances change and she believes that an accommodation is needed due to limitations from a disability (e.g., the disability worsens or an employee is assigned new duties that require an additional or different reasonable accommodation). Additionally, the [HR CONTACT] may not refuse to process a request for reasonable accommodation, and a reasonable accommodation may not be denied, based on a belief that the accommodation should have been requested earlier (e.g., during the application process).

A request does not have to include any special words, such as “reasonable accommodation or “disability.” A request is any communication in which an individual asks or states that she needs [AGENCY] to provide or to change something because of a medical condition. A supervisor, manager, or the [HR CONTACT] should ask an individual whether she is requesting a reasonable accommodation if the nature of the initial communication is unclear.

A family member, health care provider, or other representative may request an accommodation on behalf of an [AGENCY] employee or applicant. For example, a doctor’s note outlining medical restrictions for an employee constitutes a request for reasonable accommodation.

When an individual (or third party) makes an oral request, the [HR CONTACT] must ensure that a Request for Reasonable Accommodation form is filled out. The [HR CONTACT] must fill out the Form if the requestor does not.

An employee needing a reasonable accommodation on a recurring basis, such as the assistance of a sign language interpreter, must submit a Request for Reasonable Accommodation form only for the first request. However, the employee requesting accommodation must give appropriate advance notice each subsequent time the accommodation is needed. If the accommodation is needed on a regular basis (e.g., a weekly staff meeting), the [HR CONTACT] should ensure that an employee’s supervisor makes the appropriate arrangements without requiring a request in advance of each occasion.

B. Processing the Request

The [HR CONTACT] is responsible for processing requests for reasonable accommodation. The Director of Human Resources will designate another HR staff member to act as a back-up for the [HR CONTACT] to process requests when the [HR CONTACT] is unavailable for any length of time (e.g., the [HR CONTACT] is on vacation or out on extended leave).

While the [HR CONTACT] has responsibility for processing requests for reasonable accommodation, the [HR CONTACT] may work closely with an employee’s supervisor or office director in responding to the request, particularly those involving performance of the job. The [HR CONTACT] will need to consult with an employee’s supervisor and/or office director to gather relevant information necessary to respond to a request and to assess whether a particular accommodation will be effective. No reasonable accommodation involving performance of the job will be provided without first informing an employee’s supervisor or, as appropriate, an office director.

C. The Interactive Process

1. Generally

After a request for accommodation has been made, the next step is for the parties to begin the interactive process to determine what, if any, accommodation should be provided. This means that the individual requesting the accommodation and the [HR CONTACT] must communicate with each other about the request, the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual’s needs.

The [HR CONTACT] will contact the applicant or employee within [XX] business days after the request is made (even if the request is initially made to someone else) to begin discussing the accommodation request. In some instances, the [HR CONTACT] may need to get information to determine if an individual’s impairment is a “disability” under the ADA, as amended, or to determine what would be an effective accommodation. Such information may not be necessary if an effective accommodation is obvious, if the disability is obvious (e.g., the requestor is blind or has paraplegia), or if the disability is already known to the [AGENCY] (e.g., the requestor previously asked for an accommodation and information submitted at that time showed a disability existed and that there would be no change in the individual’s medical condition).

Communication is a priority throughout the entire process, but particularly where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or, where the parties are considering different forms of reasonable accommodation. Both the individual making the request and the decision maker should work together to identify effective accommodations.

When a third party (e.g., an individual’s doctor) requests accommodation on behalf of an applicant or employee, the [HR CONTACT] should, if possible, confirm with the applicant or employee that he wants a reasonable accommodation before proceeding. Where this is not possible, for example, because the employee has been hospitalized in an acute condition, the [HR CONTACT] will process the third party’s request if it seems appropriate (e.g., by granting immediate leave) and will consult directly with the individual needing the accommodation as soon as practicable.

The [HR CONTACT] may need to consult with other [AGENCY] personnel (e.g., an employee’s supervisor, Information Technology staff) or outside sources to obtain information necessary to make a determination about the request. The [AGENCY] expects that all agency personnel will give a high priority to responding quickly to a [HR CONTACT]’s request for information or assistance. Any delays by [AGENCY] personnel may result in the agency’s failing to meet the required time frame.

2. Reassignment

There are specific considerations in the interactive process when an employee needs, or may need, a reassignment.

Generally, reassignment will only be considered if no accommodations are available to enable the individual to perform the essential functions of his or her current job, or if the only effective accommodation would cause undue hardship.

In considering whether there are positions available for reassignment, the [HR CONTACT] will work with both Human Resources and the employee requesting the reassignment to identify: (1) vacant positions within the agency for which the employee may be qualified, with or without reasonable accommodation; and (2) positions which HR has reason to believe will become vacant within [XX] days from the date the search is initiated and for which the employee may be qualified.

Reassignment may be made to a vacant position outside of the employee’s commuting area if the employee is willing to relocate.

D. Requests for Medical Information

If a requestor’s disability and/or need for accommodation are not obvious or already known, [AGENCY] (specifically the [HR CONTACT]) is entitled to ask for and receive medical information showing that the requestor has a covered disability that requires accommodation. A disability is obvious or already known when it is clearly visible or the individual previously provided medical information showing that the condition met the ADA, as amended, definition. It is the responsibility of the applicant/employee to provide appropriate medical information requested by [AGENCY] where the disability and/or need for accommodation are not obvious or already known.

Only the [HR CONTACT] may determine whether medical information is needed and, if so, may request such information from the requestor and/or the appropriate health care provider. Even if medical information is needed to process a request, the [HR CONTACT] does not necessarily have to request medical documentation from a health care provider; in many instances the requestor may be able to provide sufficient information that can substantiate the existence of a “disability” and/or need for a reasonable accommodation. If an individual has already submitted medical documentation in connection with a previous request for accommodation, the individual should immediately inform the [HR CONTACT] of this fact. The [HR CONTACT] will then determine whether additional medical information is needed to process the current request.

If the initial information provided by the health care provider or volunteered by the requestor is insufficient to enable the [HR CONTACT] to determine whether the individual has a “disability” and/or that an accommodation is needed, the [HR CONTACT] will explain what additional information is needed. If necessary, the individual should then ask his/her health care provider or other appropriate professional to provide the missing information. The [HR CONTACT] may also give the individual a list of questions to give to the health care provider or other appropriate professional to answer. If sufficient medical information is not provided by the individual after several attempts, the [HR CONTACT] may ask the individual requesting accommodation to sign a limited release permitting the [HR CONTACT] to contact the provider for additional information. The [HR CONTACT] may have the medical information reviewed by a doctor of the agency’s choosing, at the agency’s expense.

In determining whether documentation is necessary to support a request for reasonable accommodation and whether an applicant or employee has a disability within the meaning of the ADA, the [HR CONTACT] will be guided by principles set forth in the ADA Amendments Act of 2008. Specifically, the ADA Amendments Act directs that the definition of “disability” be construed broadly and that the determination of whether an individual has a “disability” generally should not require extensive analysis. Notwithstanding, the [HR CONTACT] may require medical information in order to design an appropriate and effective accommodation.

A supervisor or office director who believes that an employee may no longer need a reasonable accommodation should contact the [HR CONTACT]. The [HR CONTACT] will decide if there is a reason to contact the employee to discuss whether s/he has a continuing need for reasonable accommodation.

E. Confidentiality Requirements

Under the ADA, medical information obtained in connection with the reasonable accommodation process must be kept confidential. This means that all medical information that [AGENCY] obtains in connection with a request for reasonable accommodation must be kept in files separate from the individual’s personnel file. This includes the fact that an accommodation has been requested or approved and information about functional limitations. It also means that any [AGENCY] employee who obtains or receives such information is strictly bound by these confidentiality requirements.

The [HR CONTACT] may share certain information with an employee’s supervisor or other agency official(s) as necessary to make appropriate determinations on a reasonable accommodation request. Under these circumstances, the [HR CONTACT] will inform the recipients about these confidentiality requirements. The information disclosed will be no more than is necessary to process the request. In certain situations, the [HR CONTACT] will not necessarily need to reveal the name of the requestor and/or the office in which the requestor works, or even the name of the disability.

In addition to disclosures of information needed to process a request for accommodation, other disclosures of medical information are permitted as follows:

supervisors and managers are entitled to whatever information is necessary to implement restrictions on the work or duties of the employee or to provide a reasonable accommodation;

first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment or assistance in evacuation; and

government officials may be given information necessary to investigate the agency’s compliance with the ADA, as amended.

F. Time Frame for Processing Requests and Providing Reasonable Accommodations

1 Generally

The time frame for processing a request (including providing accommodation, if approved) is as soon as possible but no later than [XX] business days from the date the request is made. This [XX]-day period includes the [XX]-day time frame in which the [HR CONTACT] must contact the requestor after a request for reasonable accommodation is made.

[AGENCY] will process requests and, where appropriate, provide accommodations in as short a period as reasonably possible. The time frame above indicates the maximum amount of time it should generally take to process a request and provide a reasonable accommodation. The [HR CONTACT] will strive to process the request and provide an accommodation sooner, if possible. Unnecessary delays can result in a violation of the ADA, as amended.

The time frame begins when an oral or written request for reasonable accommodation is made, and not necessarily when it is received by the [HR CONTACT]. Therefore, everyone involved in processing a request should respond as quickly as possible. This includes referring a request to the [HR CONTACT], contacting a doctor if medical information or documentation is needed, and providing technical assistance to the [HR CONTACT] regarding issues raised by a request (e.g., information from a supervisor regarding the essential functions of an employee’s position, information from information technology support regarding compatibility of certain adaptive equipment with [AGENCY]’s technology).

If the [HR CONTACT] must request medical information or documentation from a requestor’s health care provider, the time frame will stop on the day that the [HR CONTACT] makes a request to the individual to obtain medical information or sends out a request for information/documentation, and will resume on the day that the information/documentation is received by the [HR CONTACT].

If the disability is obvious or already known to the [HR CONTACT], if it is clear why reasonable accommodation is needed, and if an accommodation can be provided quickly, then the [HR CONTACT] should not require the full [XX] business days to process the request. The following are examples of situations where the disability is obvious or already known and an accommodation can be provided in less than the allotted time frame:

An employee with insulin-dependent diabetes who sits in an open area asks for three breaks a day to test her blood sugar levels in private.

An employee with clinical depression who takes medication which makes it hard for her to get up in time to get to the office at 9:00 a.m., requests that she be allowed to start work at 10:00 a.m. and still work an eight-hour day.

A supervisor distributes a detailed agenda at the beginning of each staff meeting. An employee with a serious learning disability asks that the agenda be distributed ahead of time because his disability makes it difficult to read quickly and he needs more time to prepare.

2. Expedited Processing of a Request

In certain circumstances, a request for reasonable accommodation requires an expedited review and decision. This includes where a reasonable accommodation is needed:

to enable an applicant to apply for a job. Depending on the timetable for receiving applications, conducting interviews, taking tests, and making hiring decisions, there may be a need to expedite a request for reasonable accommodation to ensure that an applicant with a disability has an equal opportunity to apply for a job.

to enable an employee to attend a meeting scheduled to occur soon. For example, an employee may need a sign language interpreter for a meeting scheduled to take place in 5 days.

3. Extenuating Circumstances

These are circumstances that could not reasonably have been anticipated or avoided in advance of the request for accommodation, or that are beyond [AGENCY]’s ability to control. When extenuating circumstances are present, the time for processing a request for reasonable accommodation and providing the accommodation will be extended as reasonably necessary. Extensions will be limited to circumstances where they are absolutely necessary and only for as long as required to deal with the extenuating circumstance.

G. Resolution of the Reasonable Accommodation Request

All decisions regarding a request for reasonable accommodation will be communicated to an applicant or employee by use of a resolution form, as well as orally.

If [AGENCY] grants a request for accommodation, the [HR CONTACT] will give a resolution form to the requestor, and discuss implementation of the accommodation. The “Resolution” form must be filled out even if [AGENCY] is granting the request without determining whether the requestor has a “disability” and regardless of what type of change or modification is approved (e.g., [AGENCY] grants a three-month removal of an essential function, which is not a form of reasonable accommodation but nonetheless must be specified on a resolution form).

A decision to provide an accommodation other than the one specifically requested will be considered a decision to grant an accommodation. The form will explain both the reasons for the denial of the individual’s specific requested accommodation and why [AGENCY] believes that the chosen accommodation will be effective.

If the request is approved but the accommodation cannot be provided immediately, the [HR CONTACT] will inform the individual in writing of the projected time frame for providing the accommodation.

If [AGENCY] denies a request for accommodation, the [HR CONTACT] will give the resolution form to the requestor and discuss the reason(s) for the denial. When completing the resolution form, the explanation for the denial will clearly state the specific reason(s) for the denial. This means that [AGENCY] cannot simply state that a requested accommodation is denied because of “undue hardship” or because it would be “ineffective.” Rather, the form will state and the [HR CONTACT] will explain specifically why the accommodation would result in undue hardship or why it would be ineffective.

If there is a legitimate reason to deny the specific reasonable accommodation requested (e.g., the accommodation poses an undue hardship or is not required by the ADA, as amended), the [HR CONTACT] will explore with the individual whether another accommodation would be possible. The fact that one accommodation proves ineffective or would cause undue hardship does not necessarily mean that this would be true of another accommodation. Similarly, if an employee requests removal of an essential function or some other action that is not required by law, the [HR CONTACT] will explore whether there is a reasonable accommodation that will meet the employee’s needs.

If the [HR CONTACT] offers an accommodation other than the one requested, but the alternative accommodation is not accepted, the [HR CONTACT] will record the individual’s rejection of the alternative accommodation on a resolution form.

H. Informal Dispute Resolution

An individual dissatisfied with the resolution of a reasonable accommodation request can ask the [Director of Human Resources] to reconsider that decision. An individual must request reconsideration within [XX] business days of receiving a resolution form. A request for reconsideration will not extend the time limits for initiating administrative, statutory, or collective bargaining claims.