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Reasonable Accommodation Process

Reasonable Accommodation Process. Bill Haig National Reasonable Accommodation Coordinator Environmental Protection Agency. History of Reasonable Accommodation. Rehab Act of 1973 ADA 1990 Section 501 & Title I now have same standards, definitions & requirements

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Reasonable Accommodation Process

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  1. Reasonable Accommodation Process Bill Haig National Reasonable Accommodation Coordinator Environmental Protection Agency

  2. History of Reasonable Accommodation • Rehab Act of 1973 • ADA 1990 • Section 501 & Title I now have same standards, definitions & requirements • Executive Order 13164, July 2000 • ADA Amendments Act of 2008 • Genetic Information Nondiscrimination Act

  3. Reasonable Accommodation & Definitions • Reasonable Accommodation: modifications or adjustments to a job, employment practice, or work environment that makes it possible for an employee with a disability to perform essential job duties, enjoy equal benefits/privileges of employment and an applicant w/disability to have equal access to application process. • Disability (actual, history of, regarded as) • Major Life Activities • Substantially Limits – Nine rules of construction • Undue hardship: Action that requires significant difficulty – extensive, disruptive, fundamentally alters nature or operation of office/unit, etc.

  4. When is process triggered? (Step 1) • Process must be initiated by the employee, in most cases • What to listen for from employee • Applicant request • Third party • Verbal vs. written • Who receives request

  5. Is the requestor an “individual with a disability?” (Step 2) • Obvious • Hidden/non-Obvious • Is medical documentation needed or not? • Who determines “disability” • Information conveyed to “decision maker”

  6. What accommodations will be considered (Step 3) • Requires Decision-maker (DM) and employee (may include others) • Look at particular job and determine essential functions • Consult with employee • Must know functional limitations of employee • Select the accommodation that best addresses needs of the employee and employer • RA must provide opportunity for employee to perform essential functions of current job and/or adhere to uniformly applied conduct rules

  7. Offering Reasonable Accommodation (Step 4) • DM approves/denies RA request • Must employer offer what is requested? • Need not be best accommodation, just effective • Must only remove employment-related barriers • Offering another “effective” RA • Personal use items not required • Resources available to employer & employee (CAP, JAN, RAC, DEPM)

  8. Basis for “denial” of RA (Step 4 continued) • Creates “undue hardship” Action that requires significant difficulty – extensive, disruptive, fundamentally alters nature or operation of office/unit, etc. • Changes the job for which person is performing or desires • Removes essential job functions • Other employees do more work • Lowers production standards • Not a “person with a disability” • Failure to cooperate • Not a “qualified person with a disability”

  9. Reasonable… • Job restructuring (reallocate, redistribute or eliminate marginal duties) • Flexible scheduling (start and end times) • Acquiring new equipment or assistive technology • Providing qualified interpreters • Telework • Physical changes to work area

  10. These “are not” defensible undue hardship claims • “If I do this for you, I will have to do it for everyone else” • “We just don’t do that here” • “I treat all of my employees the same” • “I don’t have any money in my budget” (feds)

  11. Timeframes to process RA requests • Included in your RA Procedures • Should be as short as possible • Management/DM should be informed of timeframes every step of the way

  12. How effectiveness is determined (Step 5) • Removes the barrier(s) allowing employee to perform essential job functions of current job in satisfactory manner and/or allows employee to adhere to uniformly applied conduct rules • Does not create undue hardship • If creates undue hardship, then need to come up with a different RA • Evaluation of performance and/or conduct • If RA is deemed ineffective, how to determine if it is the employee who “will not” do the job, or if it is the accommodation that is “ineffective”

  13. Reassignment (Step 6) • LAST RESORT • Process of reassignment • Vacant, qualified, how long to look, where to look • Not a competitive process • Must be able to perform essential functions with/without RA • Relocation expenses

  14. Privacy Act & Confidentiality • Strict legal limitations on use of medical information • All medical information used for RA kept in separate files • Share medical information only on “need to know” basis & if authorized, in writing, from employee • Revealing that employee is disabled and/or receiving RA

  15. Recordkeeping/Tracking • EEOC requirements resulting from Executive Order 13164 • Employer/Agency requirements are outlined in RA Procedures

  16. Performance & Conduct • How it relates to RA process • Can you discipline? • RA provides opportunity to improve • RA is doing things different for an employee with a disability

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