EM Consolidated Business Center
Reasonable Accommodation Procedure Guidance
Table of Contents
I. EMCBC Policy and Information on Reasonable Accommodations 2
II. Definitions of Key terms 3
III. Responsibilities 5
IV. Requesting an Accommodation 7
V. Processing Requests for Accommodation 8
VI. Time Limitations 9
VII. Confidentiality Requirements and Requesting Medical Information 10
VIII. Granting Reasonable Accommodation Requests 12
IX. Denial of Reasonable Accommodation Requests 12
X. Other Considerations 13
XI. Employee Rights 15
XII. Information Tracking 15
XIII. Record Keeping and Reporting 16
XIV. Attachments:
A. Guidance for the Interactive Process 17
between the Supervisor and Employee
B. Guidance for Requesting Medical Documentation 19
XV. Appendices:
A. Reasonable Accommodation Resources 20
B. Information for Computer Electronic 23
Accommodations Program (CAP)
XVI. Forms:
A. Reasonable Accommodation request form 26
B. Denial of Reasonable Accommodation form 28
C. Information Reporting form 30
I. EMCBC Policy and Information on Reasonable Accommodations
Pursuant to Executive Order 13164, the EMCBC is charged with establishing written procedures for the facilitation of reasonable accommodations. This procedure guidance provides requirements and responsibilities and outlines the criteria and methods for processing requests for the EMCBC Reasonable Accommodation Program.
E.O. 13164 intends to help implement the requirement of the Rehabilitation Act of 1973 (29 United States Code § 791), which requires agencies to provide reasonable accommodation to qualified employees and applicants with disabilities. According to guidance issued by the Equal Employment Opportunity Commission (EEOC), reasonable accommodation procedures should be designed to expand employment opportunities for people with disabilities, not to create new bureaucratic requirements.
The Rehabilitation Act of 1973, which was modified by the Americans with Disabilities Act of 1990, requires federal agencies to accommodate applicants and employees who are qualified individuals with disabilities, unless to do so would impose an undue hardship on the operation of its programs or pose a direct threat to the safety of the employee or others. A Reasonable Accommodation ensures equal employment opportunity and enables qualified individuals with disabilities to perform the essential functions of their position. Many disabled individuals are able to perform their jobs without accommodation; however, there may be barriers in the workplace that prevent others from performing tasks that they could otherwise do with accommodation.
The ADA Amendments Act was signed into law on Sept. 25, 2008, and became effective on Jan. 1, 2009. Through these amendments, Congress rejected a number of U.S. Supreme Court decisions that it viewed as improperly narrowing ADA coverage in a manner that excluded individuals who were meant to fall within the protections of the act. The amendments significantly impact how "individual with a disability" is interpreted.
The ADA's definition of disability remained the same: A disability, with regard to an individual, is: 1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual; 2) A record of such an impairment, or 3) Being regarded as having such an impairment. 42 USC 12102 (1). However, the interpretation of the definition of disability will be read more broadly under the ADA Amendments Act.
These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when work is performed, when breaks are taken, or how essential or marginal functions are performed). Reasonable accommodation removes workplace barriers for individuals with disabilities.
There are a number of possible reasonable accommodations that an employer may have to provide in connection with modifications to the work environment or adjustments in how and when a job is performed. These include: making existing facilities accessible, job restructuring, part-time or modified work schedules, acquiring or modifying equipment, changing tests, training materials, or policies, providing qualified readers or interpreters; and reassignment to a vacant position that the employee meets qualification standards of.
It is the policy of the EMCBC to provide equality of opportunity for all persons and to prohibit discrimination in all employment related decisions, therefore, the EMCBC shall provide reasonable accommodations to qualified employees and applicants with disabilities, unless to do so would cause an undue hardship or pose a direct threat to the safety of the employee and/or others.
This guidance document applies to all full and part-time Federal employees as well as those employees with modified work schedules assigned to the EMCBC, located in Cincinnati, OH, including EMCBC employees who are duty stationed at various other sites, to include the EM Small Site employees. These procedures apply only to employees and applicants who have a disability as defined in section II of this document. The EMCBC Customer Sites may elect to adopt the procedure.
II. Definitions of Key Terms
Americans with Disabilities Act (ADA) of 1990 (as amended) – The first comprehensive civil rights law for individuals with disabilities.
Disability – A person has a disability, for purposes of the Rehabilitation Act, if he/she has a physical or mental impairment that substantially limits a major life activity, has a record of such impairment, or is regarded as having such an impairment. An impairment is substantially limiting if it prohibits or significantly restricts an individual’s ability to perform a major life acidity as compared to the ability of the average person in the general population to perform the same activity. Not all medical conditions are “substantially limiting” because the condition will heal itself within a reasonable time. Similarly, a normal pregnancy is not “substantially limiting” for purposes of the ADA, and therefore does not constitute a disability.
Essential Functions – The essential functions of a position are those functions that define the job. In other words, the job exists to perform those tasks. The essential functions of a job are not the marginal or infrequently performed tasks that could be eliminated without altering the fundamental nature of the job.
Reasonable Accommodation – In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. According to the Equal Employment Opportunity Commission (EEOC), the term “reasonable” has no independent definition. To be reasonable, the accommodation must be effective.
Interactive Discussion(s) – A discussion(s) between the decision maker and the individual requesting the accommodation where the specific limitation, problem or barrier is unclear; where an effective accommodation is not obvious; where the parties are choosing between different possible reasonable accommodations; or to obtain any relevant information as it pertains to a request for accommodation.
Major Life Activity(ies) – Once an individual establishes that he/she has a disability, he/she must be able to establish that the disability substantially limits (one or more of his/her major life activities. Major life activities include such obvious characteristics as hearing, seeing, walking, speaking, breathing, caring for oneself, performing manual tasks, and working. Generally, a major life activity is something of fundamental significance within the meaning of the Rehabilitation Act and not simply an activity important to a particular individual.
Impairment- Physical or mental impairment means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine or any mental or psychological disorder, such as an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Qualified Individual with a Disability – An individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
Reasonable Accommodation Coordinator (RAC) – The individual designated to oversee the activity’s reasonable accommodation process. The individual or office has developed expertise in the requirements of the Rehabilitation Act, potential accommodations, and available resources, and is a resource for individuals with disabilities and activity decision makers.
Rehabilitation Act of 1973 (as amended) – A law that requires agencies to provide reasonable accommodation to qualified employees and applicants with disabilities.
Request for Reconsideration – An internal, informal dispute resolution process through which an individual can request reconsideration of an activity’s denial of a request for reasonable accommodation, regardless of whether the person has initiated the discrimination complaint process.
Substantially Limits - An impairment substantially limits a major life activity if that impairment renders the individual either unable to perform a major life activity or significantly restricts his/her performance of that activity as compared to the average person’s performance of the activity. An impairment that substantially limits one major life activity need not substantially limit other major life activities in order to be considered a substantially limiting impairment in and of itself.
Undue Hardship – The only statutory limitation on an employer’s obligation to provide reasonable accommodation is that no such change or modification is required if it would cause “undue hardship” to the employer. “Undue hardship” means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. “Undue hardship” refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business. Undue Hardships are determined on a case by case basis.
Requestor – An employee, their representative, or applicant seeking a modification or adjustment to a job application process, essential functions of the job, and/or to enjoy equal benefits and privileges of employment.
Informal interactive process – Written or verbal communications between the requestor and Supervisor.
II. Responsibilities
Requestor:
- An employee, his or her representative, or applicants for employment are responsible making an oral or written request for reasonable accommodation to their immediate supervisor, the RAC, Equal Employment Officer (EEO), OHR employment representative, or Disability Program Manager.
- Must be a qualified individual with a disability as defined in Section II.
- Ensures that appropriate medical information related to the functional impairment is provided to the RAC and/or the Supervisor.
EMCBC Director:
- Delegates authority in writing, to the Supervisors to ensure timely processing of requests for reasonable accommodation.
- Reconsiders the Supervisors denial of a request for reasonable accommodation.
- Ensures the designation of a Reasonable Accommodation Coordinator (RAC), who has a sufficient level of training and expertise on reasonable accommodation.
EMCBC Supervisors:
- Approve or deny Reasonable Accommodation Requests
- Ensure compliance with equal employment opportunity laws and regulations.
- Notify and coordinate all reasonable accommodation requests with the RAC.
- Maintains integrity in safeguarding employee records.
EMCBC Office of Human Resources (OHR):
- Collaborates with the RAC when necessary to ensure reasonable accommodation requests are processed in an efficient and consistent manner.
- Collaborates with OCRD to ensure Reasonable Accommodation Procedure ensures and is consistent with equal employment opportunity.
EMCBC Office of Civil Rights and Diversity (OCRD):
- Serves as the advisor to the EMCBC Director, Supervisors, and the OHR for compliance issues regarding reasonable accommodations.
- Provides guidance, assistance, and relevant training on the processing of reasonable accommodation requests to the Supervisors as needed.
- Assesses and monitors the quality, timeliness, and activities of reasonable accommodation requests with the RAC on an annual basis.
Reasonable Accommodation Coordinator (RAC):
- Coordinates all reasonable accommodation requests.
- Coordinates with appropriate personnel that can provide recommendations to the Supervisors on a request for reasonable accommodation.
- Ensures the Supervisor engages in on-going, informal interactive discussion(s) with the individual seeking an accommodation.
- Develops and updates the appropriate tracking and monitoring system for reasonable accommodation requests further detailed in Section XII.
- Maintains all reasonable accommodation case files in a secure manner.
- Maintain and Safeguards the confidentiality of medical information. Access to this information will be granted on a strictly limited need to know basis.
- Serves as a liaison with the Resources listed in the appendices section of this document for the supervisor, and/or requestor.
- Works with outside vendors if necessary to facilitate needed assessments, equipment, etc.
Office of Technical Support and Asset Management (OTSAM):
- Coordinates with the RAC when reasonable accommodations involve real property such as structural building changes or modifications, modifications to office fixtures, office furniture, including, but not limited to, desk modifications or accommodations requiring medically necessary chairs. The OTSAM also provides ergonomics equipment for preventative measures.
Office of Information Resource Management (IRM):
- Coordinates with the RAC when a request involves reasonable accommodations regarding assistive technology, computer equipment, or other related technologies.
Office of Financial Management (OFM):
- Establishes a centralized fund for all Reasonable Accommodations unless the accommodation is funded by the DOD CAP program.
- Coordinates with the RAC when necessary for budgeting purposes and to ensure reasonable accommodation requests are processed in an efficient and consistent manner.
- Collaborates with OCRD to ensure equal employment opportunity.
IV. Requesting an Accommodation
Initiating the request
Reasonable accommodations are considered for all qualified applicants for employment or EMCBC employees with disabilities, whether they are full-time, part-time, or probationary. An employee or his/her representative must inform his/her Supervisor, RAC, EEO officer, or Disability Program manager, that an adjustment or change at work is needed to accommodate a disability. This request may be made in writing or orally. Any mode of communication may be used to initiate the request. The Supervisor must acknowledge a reasonable accommodation request within five (5) business days and inform the requestor to fill out an electronic request for accommodation form located in the CBC Services intranet page if the form has not already been completed by the employee. A copy of the request will be emailed to the employee’s supervisor, along with a copy to the employee, and the RAC.
If a Request for an Accommodation is made by an applicant for employment with the EMCBC or its Customer Sites, they may request a reasonable accommodation by contacting the HR Specialist listed within the vacancy announcement. The HR representative must then notify the RAC of the applicant’s request.