Equal Employment Opportunity EEO by FWSdocs

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									Office of Diversity
& Civil Rights



Reasonable Accommodation
             Legal Authorities
   Section 501 of the Rehabilitation Act of 1973, as
    amended

   Title 1 of the American with Disabilities Act of
    1990 (ADA)

   EEOC Regulations at 29 CFR Part 1614

   DOI Policy, “Reasonable Accommodation (RA)
    for Individuals with Disabilities” (373 DM 15)
       Supersedes all other RA policies (pages 39 – 58)
          Purpose of Law

   To prevent discrimination on the basis
    of disability, any person who is
    qualified for the program, service, or
    job must be provided reasonable
    accommodation to perform essential
    functions of the job.
         Who is protected ?

   Any individual with a disability who has
    a physical or mental impairment that
    substantially limits one or more
    major life activities, or has a record
    of such an impairment, or is regarded
    as having such an impairment
       (Associated)


   Temporary disabilities are not
    protected by the ADA
    Reasonable Accommodation
   Reasonable accommodation must reduce workplace barriers

       Removing physical barriers – the Law: Architectural Barriers Act/UFAS & Sect. 501 of
        the Rehab Act
            ADA Accessibility Guidelines (ADAAG): http://www.access-board.gov/ada-
             aba/summary.htm

       Emergency preparedness – (New form (page 17)

       Job restructuring (Elimination of marginal job functions)

       Modified work schedules and flexible leave policies

       Acquiring or modifying equipment/devices (Ergonomic Assessment/Assistive
        Technology)

       Modifying work/training site and materials (Providing materials in an alternate format)

       Providing readers or interpreters / Allowing use of a job coach

       * Reassignment to a vacant position - accommodation of last resort
            Geographic area, region, bureau   The EEOC considers this as BIG
  Unreasonable Accommodations

1) Indefinite leave (EEOC: More than 2-3 months)
    In addition to the 12 weeks of the FMLA
2) Disclosure of disability after infractions
    HR will evaluate for conduct issues
3) Personal services and devices
    Eye glasses, hearing aids, wheelchairs
4) Change in supervisor
    Only the method of supervision (email)
5) Elimination of essential functions
6) Lowering work quality standards
       Obstacles in Providing
     Reasonable Accommodation
1) Feel uncomfortable asking a person with a disability about what
    they need (Pages 59 through 62, “Interacting with People with
    Disabilities”

2) Unfamiliar with available resources
       See DOI policy Appendix II (pages 53-55 in booklet)
       Web Sites (handout)
           Includes the Job Accommodation Network (JAN)
           The Computer/Electronic Accommodations Program (CAP)


3) Disabilities can change
       Accommodations need to be flexible & on-going

4) Think it costs too much
       50% cost $50 or less (Job Accommodation Network)
             Reasonable
        Accommodation Process

   How is a reasonable accommodation
    requested?
       Any time in writing or orally
       A request does not have to use any special
        words such as “reasonable accommodation”
           managers must listen for casually expressed
            accommodations
       Requests can be made through 3rd parties
           Family members, Co-workers, Supervisor, second
            level Supervisor, DCR Staff, etc.
             Reasonable
        Accommodation Process
   What to do when a request is made
       Open a dialogue (supervisor and employee)
           The “Interactive Process”
       Explore possibilities / ask employee what might
        work – The person is his/her own expert
       Check available resources /accommodations
        must be effective
   Keep information confidential!!
       Supervisors, do not share with co-workers or
        peers


    Communication is the KEY!
             Reasonable
        Accommodation Process
   Time Frames for Processing
       Process and provide accommodation in as short
        a time frame as reasonably possible
   The time frames are listed in the DOI policy
    (15.10(B)(1) – (Pages 45 and 46)
   The time frames depend of type of
    accommodation requested and whether or
    not it is necessary to obtain supporting
    medial information
       Expedite process if there is an obvious medical
        need
             Reasonable
        Accommodation Process
   Requesting Medical Documentation
       The purpose is to find out 2 things
           -Does the employee have a disability?
           -What are the person’s functional limitations as
            related to ability to perform the essential job functions?
               The effect the disability has on the person


   Must have the employee sign a “Release of
    Information” (ROI)
       Required by HIPPA law:
        http://www.hhs.gov/ocr/hipaa/
           Gives the Doctor permission to release medical
            information
           Contact me if medical information is needed or
            suspected
             Reasonable
        Accommodation Process
   Required Forms:
       Employee completes, “Confirmation of Request for
        Reasonable Accommodation” (Page 55)

       Supervisor completes, “Reasonable Accommodation
        Information Reporting Form” (Pages 56-58)
           Explanation of approval or denial of an
            accommodation
             If denied, advise employee of the redress process


       Both forms must be sent to the Disability Program
        Manager for every accommodation given
          For the annual FWS Region 6 RA report to the
           Washington Office (WO)

       All medical information is kept locked in DCR
Disability Etiquette

								
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