REASONABLE ACCOMMODATION PROCEDURES

8. CONFIDENTIALITY REQUIREMENTS REGARDING THE REASONABLE ACCOMMODATION PROCESS

Under the Rehabilitation Act, medical information obtained in connection with the reasonable accommodation process must be kept confidential. This means that all medical information, including information about functional limitations and reasonable accommodation needs, that USDA obtains in connection with a request for reasonable accommodation must be kept in files separate from the individual’s personnel file. It also means that any USDA employee who obtains or receives such information is strictly bound by these confidentiality requirements. Confidentiality applies to all aspects of the reasonable accommodation process.

The Mission Area Designee will maintain custody of all medical records obtained or created during the process of a request for reasonable accommodation and will respond to all requests for disclosure of the records. All records will be maintained in accordance with the Privacy Act and information regarding these records, or any aspect of the process, may be disclosed only as follows:

  1. supervisors and managers who need to know may be told about the determination of eligibility as an individual with a disability, the necessary restrictions on the work or duties of the employee and about any recommended accommodations, but medical information should only be disclosed if strictly necessary;
  2. first aid and safety personnel may be given specific medical information, when appropriate, if the disability might require emergency treatment;
  3. government officials may be given information necessary to investigate the agency’s compliance with the Rehabilitation Act;
  4. in certain circumstances be disclosed to worker’s compensation offices or insurance carriers, in accordance with EEOC regulations; or,
  5. the USDA medical officer when consulting with him/her regarding the interpretation of medical documents.

Whenever information is disclosed, the individual disclosing it must inform the recipient of the confidentiality requirements as well as the requirement to comply with applicable provisions of the Privacy Act. For bargaining unit employees, information maintained by the agency may be disclosed to the Union having exclusive recognition in conjunction with representation functions related to the reasonable accommodation process.

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