Reasonable Accommodation Disability Issues

1. Reasonable Accommodation& Disability Issues

2. Overview Define & Discuss “Disability” Recent Executive Orders Define “Reasonable Accommodation” Considerations & Responsibilities

3. “Individual with a Disability” Anyone that: Has a physical or mental impairment that substantially limits one or more major life activities (i.e. walking, seeing, hearing, breathing, talking, caring for self) Has a history of such an impairment (i.e. cancer, mental illness) Is regarded as having an impairment (i.e. facial scars, HIV status)

5. Terminology: “Disability” rather than “Handicapped” Legislative language People-first language

8. Discuss exec order hiring planDiscuss exec order hiring plan

9. Executive Order #13163 Increase employment of people with disabilities Over five years (2001-2006), the federal government should hire 100,000 people with disabilities Each agency given a numeric goal for five years Agency must have hiring plan OPM to be oversight agency Pres Clinton recently signed Exec Order encouraging federal agencies to increase their hiring rate of PWD By law, PWD is the only group that we are required to have a numeric goal for hiring (still not quota) Next 5 yrs, DSS SHOULD hire 138 PWD (not all severe) - all appointments count - temp or perm, WRP - 15 per year SCH. A BENEFITS - developing plan to show recruitment strategiesPres Clinton recently signed Exec Order encouraging federal agencies to increase their hiring rate of PWD By law, PWD is the only group that we are required to have a numeric goal for hiring (still not quota) Next 5 yrs, DSS SHOULD hire 138 PWD (not all severe) - all appointments count - temp or perm, WRP - 15 per year SCH. A BENEFITS - developing plan to show recruitment strategies

10. Recruitment Strategies Workforce Recruitment Program High School / High Tech Employer Assistance Referral Network Special Appointing Authority – Schedule A

11. Workforce Recruitment Program Summer and permanent employment for college students with disabilities Co-sponsored by Dept. of Labor and Defense Placement in positions throughout federal government and private sector. Used as pipeline for permanent employment White House encourages all Federal agencies to participate

13. Reasonable Accommodation Any modification or adjustment to the work environment that enables an individual to perform the essential functions of the job.

14. Reasonable Accommodations Making existing facilities readily accessible Job restructuring Part-time or modified work schedules Buying or modifying equipment or devices Modifying or adjusting examinations, training materials or policies Providing qualified interpreters or readers

15. Reassignment:Accommodation of Last Resort Considered when no other accommodation allows employee to perform essential functions Must consider all vacant positions at same grade or lower Must be qualified for position either with or without an accommodation Cost of PCS is usually borne by employee Change. Previously suggested, now req’d. Consistent with disability retirement requirements.Change. Previously suggested, now req’d. Consistent with disability retirement requirements.

16. Ergonomics Prevention v. Disabling Condition

17. Executive Order #13164 Agency must have written procedures concerning reasonable accommodations DoC DAO 215-10 Oral or written requests EEOC to be oversight agency

18. Limitations on Reasonable Accommodations Agencies are not required to provide reasonable accommodations if: It would cause an undue hardship on the agency Or it would pose a direct threat to the health or safety of the employee or others in workplace. Undue Burden -Unduly costly -Extensive -Substantial or disruptive -Would fundamentally alter the nature or operation of business -Would conflict with terms of a collective bargaining agreement Direct Threat Burden of proof is on employer to demonstrate that employee poses a direct threat to the health or safety of himself/herself or others Employee must pose a significant risk or high probability of substantial harm to self or others Must consider whether reasonable accommodation can eliminate risk or reduce to acceptable level Perception of threat must be based on objective facts, not fears or stereotypes Undue Burden -Unduly costly -Extensive -Substantial or disruptive -Would fundamentally alter the nature or operation of business -Would conflict with terms of a collective bargaining agreement Direct Threat Burden of proof is on employer to demonstrate that employee poses a direct threat to the health or safety of himself/herself or others Employee must pose a significant risk or high probability of substantial harm to self or others Must consider whether reasonable accommodation can eliminate risk or reduce to acceptable level Perception of threat must be based on objective facts, not fears or stereotypes

19. Factors to Consider Nature and net cost of accommodation Financial resources of agency Size of employer, number of employees, type of operation Impact of accommodation on the nature of operation of business “Morale” or public perception not permissible type of hardship Permanent or temporary disability

20. Employee’s Responsibility Must notify agency that an accommodation is needed (written or oral requests) May need to provide medical documentation of need for a particular accommodation, when appropriate Has the right to refuse an accommodation Emphasis that request can be informal be sure to recognize the request if you don’t recognize the request, it can make agency vulnerable to EEO charge if EEOC recognizes it as a RA request and the agency did not respond. Emphasis that request can be informal be sure to recognize the request if you don’t recognize the request, it can make agency vulnerable to EEO charge if EEOC recognizes it as a RA request and the agency did not respond.

21. Supervisor’s Responsibility Consult with employee or applicant regarding nature and purpose of request Seek advice from EEO and/or Human Resources Respond to request in writing, if denied Encourage use of ADR to resolve issues - quick reply …. 30 days - maintain documentation in confidential manner separate from non-medical portions of employee’s file - new exec order - - issuing agency regulation -denials must be in writing - require consultation with OGC, EEO or ER, if recommending denial - quick reply …. 30 days - maintain documentation in confidential manner separate from non-medical portions of employee’s file - new exec order - - issuing agency regulation -denials must be in writing - require consultation with OGC, EEO or ER, if recommending denial

22. Agency’s Responsibility Provide reasonable accommodations for all known disabilities of qualified person Ensure accommodation is effective Provide accommodation for all aspects of employment Notify applicants or employees that accommodations are available Can require documentation that a particular accommodation is necessary

23. CAP Serves DoC by: Buying accommodations to make computers and telecommunications systems accessible Funding interpreters, readers, and personal assistants for long-term training (2 days +) Providing expertise in solving accessibility problems through software, hardware, & other adaptive technology Providing training and educational support FILMFILM

24. CAP Assistive Technology and Services Computer input devices Alternative keyboards, pointing devices, voice recognition systems Computer output devices Screen readers, large monitors, Braille terminal, scanner/reader software Telecommunication devices PC based TTY Assisted listening devices Personal amplification devices, amplified handset Alternative forms of documentation Braille, large print, electronic Captioning services Other technology and services to facilitate access

25. Contact CAP CAP Office 703-681-8813 (Voice) 703-681-0881 (TTY) Fax 703-681-9075 CAPTEC 703-693-5160 (Voice) 703-693-6189 (TTY) E-mail cap@tma.osd.mil Web www.tricare.osd.mil/cap