EQUAL OPPORTUNITY DIRECTIVE NO. 1999-02

To:         Bureau/Office Equal Opportunity Officers

From:     E. Melodee Stith Director, Office for Equal Opportunity

Subject: Preparation of Compensatory Damages/Reasonable Accomodation Analysis

This Directive revises and amends EOD 1997-15, dated September 11, 1997, and is effective immediately. Please refer to our previous EOD-1997-15 in concert with this amendment.

To assist you in your efforts in analyzing compensatory damages and or reasonable accommodation claims, this Office has again set up an umbrella Inter-Agency Agreement (hereafter referred to as IA) with the Public Health Service (PHS), Division of Federal Occupational Health (DFOH), Region III, regarding their provision of consultative assistance relating to complainants' compensatory damages claims and/or reasonable accommodation determinations. Under the terms of the IA, DFOH will perform specific tasks as identified by the point of contact⁽¹⁾ and outlined in a Scope of Work Statement. The contact will provide DFOH with complainants' medical records, including medical release forms, other relevant documents and a list of concerns which will be addressed in the consultation. DFOH physicians or mental health care providers will review complainants' claims regarding emotional and/or mental pain, stress, and physical symptoms. If requested, the DFOH physician or mental health care provider will also assist the Agency in determining the extent to which the agency's conduct either directly or indirectly caused or aggravated complainant's harm. DFOH'S consultation will address the nature and severity of complainant's harm and the duration or expected duration of the harm. It will also address whether future treatment is necessary, and mitigation and abatement issues.

To simplify this process we ask you to complete the enclosed FOAH agreement so that each Bureau is included in the services provided by PHS. Please send this back to this Office in care of Carmen J. Santana no later then Decmber 16, 1998. We urge each Bureau to submit this document since this will greatly assist those individuals responsible for analyzing compensatory damages claims and/or reasonable accommodation determinations. If your Office chooses to set up their own Interagency Agreement with PHS you may but it is not recommended by PHS. Please be aware that each claim will require a separate agreement number with PHS and that this umbrella agreement will provide faster service and ease in requesting analysis of reasonable accommodation determinations and compensatory damages claims.

DISTRIBUTION: Bureau and Office Equal Opportunity Officers

INQUIRIES: Carmen J. Santana

EXPIRES: When superseded

1. Point of contact is defined as the designated Bureau person who is in direct contact, and is requesting assistance from PHS.