THE
SECRETARY OF TRANSPORTATION
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MEMORANDUM
TO: |
Departmental
Employees |
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FROM: |
Norman Y.
Mineta |
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SUBJECT: |
Implementation
of DOT Order 1011.1 (Procedures for Processing Reasonable Accommodation
Requests by DOT Job Applicants and Employees with Disabilities) |
I am pleased to announce the implementation
of the
It enables DOT to fulfill its obligations under Executive Order 13164, which requires all Federal agencies to develop effective written procedures for the processing of reasonable accommodation requests. Further, it will assist the Department in meeting reasonable accommodation requirements under the Rehabilitation Act of 1973, as amended. Additionally, this order will facilitate implementing the important initiatives to increase employment opportunities for people with disabilities at the Department.
I expect managers and employees at the Department to fully comply with the requirements of this order. Total integration of people with disabilities in the DOT workforce is one of my top priorities. Utilization of tools like the DOT procedures for processing reasonable accommodation requests will help the Department to achieve this important goal.
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ORDER
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PROCEDURES
FOR PROCESSING
REASONABLE
ACCOMODATION REQUESTS
BY EMPLOYEES
WITH
DISABILITIES
DISTRIBUTION: All Secretarial Offices and Operating Administrations
TABLE OF CONTENTS
CHAPTER
2. INITIATING THE REASONABLE
ACCOMMODATION REQUEST
CHAPTER
4. PROCESSING ACCOMMODATION REQUESTS
CHAPTER
5. TIME FRAMES FOR PROCESSING REQUESTS
AND PROVIDING REASONABLE ACCOMMODATIONS
CHAPTER
6. MEDICAL INFORMATION
CHAPTER
7. DECISIONS REGARDING REASONABLE
ACCOMMODATION REQUESTS
CHAPTER
8. RESOLUTION OF DISPUTES CONCERNING A
DENIED REQUEST FOR REASONABLE ACCOMMODATION
CHAPTER
9. INFORMATION AND REPORTING
CHAPTER
10. ADDITIONAL INFORMATION
1-1. PURPOSE:
This Order implements Executive Order 13164, which requires each Federal
agency to establish effective written procedures for processing requests for
reasonable accommodation by its employees and job applicants with
disabilities. Further, it assists the
1-2. SCOPE: The written procedures contained in this Order apply to all organizational components of the Department and all requests for reasonable accommodation made by or on behalf of DOT employees with disabilities and applicants for employment with disabilities. For purposes of this Order, the term “Operating Administrations” (OAs) refers to the Department's Operating Administrations, the Office of the Secretary (OST), the Office of the Inspector General (OIG), the Bureau of Transportation Statistics and the Transportation Administrative Service Center (TASC). The concept of reasonable accommodation applies to all aspects of employment, including recruitment, training, promotion, reassignment, rotational assignments, and developmental assignments, as well as the benefits and privileges of employment. Operating Administrations may supplement these procedures with written procedures tailored to their specific needs, provided such procedures are consistent with the requirements and framework set forth in this Order.
1-3. DEFINITIONS:
This Order makes reference to legal terms that are critical to
understanding the Department’s responsibilities. The following definitions are taken from the
a. An Individual with a Disability: An individual who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment.
b. Physical or Mental Impairment: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
c. Major Life Activities: Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
d. Reasonable Accommodation: Any change in the work environment or in the way things are usually done that results in equal employment opportunity for an individual with a disability.
Some examples of reasonable accommodation include:
· making existing facilities readily accessible to, and usable by, employees and applicants with a disability;
· job restructuring;
· modifying work schedules;
· reassignment to a vacant position;
· acquiring or modifying equipment or devices;
· adjusting or modifying examinations, training materials, or policies;
· providing qualified readers or interpreters.
e. Undue Hardship: Any action that requires significant difficulty or expense. If a specific reasonable accommodation causes undue hardship, the Department is not required to make that particular accommodation. Determination of undue hardship must always be determined on a case by case basis, considering factors that include the nature and cost of the accommodation needed and the impact of the accommodation on the operations of the agency. A determination that an accommodation will not be provided because to do so would result in undue hardship must be made by the Secretary or his or her designee.
f. Qualified Individual with a Disability: An individual with a disability who (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position; and (2) is able to perform the essential functions of the position, with or without reasonable accommodation.
g. Essential Functions: Those job duties that are so fundamental to the position that the individual holds or desires that he or she cannot do the job without performing them. A function can be "essential" if, among other things: the position exists specifically to perform that function; there are a limited number of other employees who could perform the function; or the function is specialized and the individual is hired based on his or her ability to perform it. A determination of the essential functions of a position is made on a case-by-case basis and reflects the job as actually performed. It is not simply the components of a generic position description.
1-4. RESPONSIBILITIES:
a. The Departmental Office of Civil Rights (DOCR). DOCR will provide policy guidance and oversee compliance with this Order. DOCR and civil rights offices within each OA will provide expert advice and consultant services to OAs on matters related to reasonable accommodation.
b. Operating Administrations (OAs). Each OA must establish and implement effective reasonable accommodation policies and procedures, consistent with this Order, within the organization and shall ensure that employees and managers are aware of this Order and all other applicable policies and procedures and understand their obligations under them. Each OA, through its designated decision maker(s), has the ultimate responsibility for accepting, processing, and determining whether to grant or deny requests for reasonable accommodations from its employees and from individuals applying for jobs in that OA. Such actions must be made in conformity with the framework set forth in this Order, including applicable deadlines. OAs are responsible for training managers and supervisors to recognize requests for reasonable accommodations and to handle them appropriately in accordance with prescribed procedures.
c. Offices of Human Resources (HR). The Departmental Office of Human Resource Management, as well as HR offices within each OA, are responsible for providing advice and guidance to supervisors, managers, and employees within their respective organizations concerning reasonable accommodation requests and related issues; and addressing, along with selecting officials, if appropriate, reasonable accommodation requests related to recruitment actions. Unless otherwise provided in applicable OA procedures, the HR office within each OA will serve as the deciding office on requests for reasonable accommodation from job applicants with disabilities. HR offices will also assist decision makers in locating appropriate vacant positions for employees with disabilities who have requested reassignment as a reasonable accommodation.
d. Legal Offices. The Department’s Office of the General Counsel, as well as legal offices within each OA, are responsible for providing advice and guidance to supervisors, managers, and entities (such as the Disability Resource Center) within their respective organizations on legal aspects of the accommodation process, such as the determination of whether an individual is a qualified individual with a disability, as defined in the Rehabilitation Act.
e. The
The
The
f. Disability Program Managers (DPMs). DPMs provide advice and assistance to supervisors, managers, and employees regarding reasonable accommodation and other disability matters; maintain and submit timely and complete reports, as required; and facilitate management training.
g. Supervisors/Decision Makers. Supervisors/decision makers are
responsible for accepting, processing, and determining whether to grant or deny
requests for reasonable accommodation from DOT employees and job applicants
with disabilities, as set forth in this Order.
An employee’s direct supervisor is generally presumed to be the
decision- maker unless the employee’s OA has designated another individual to
be the decision- maker, as further discussed in Chapter 3, below. The senior HR manager responsible for
servicing a vacancy is presumed to be the decision maker for accommodation
requests made by job applicants unless the OA has designated another individual
to be the decision maker. The
supervisor/decision maker is responsible for conducting the entire reasonable
accommodation process, as set forth in Chapter 4, below, with assistance from
the appropriate HR, legal, or civil rights offices, DPM, and/or the
h. Employees/Applicants. To be eligible for reasonable
accommodation, in general, a person with a disability must be qualified to
perform the essential functions of the position, with or without reasonable
accommodation, and the accommodation request must not cause undue hardship to
the Department. An employee with a
disability who needs a reasonable accommodation must make his or her needs
known to his or her immediate supervisor, another supervisor in the employee’s
chain of command, the applicable DPM, a representative of the applicable HR
office, or the
1-5. DISTRIBUTION:
All current DOT employees shall be provided with notice of this
Order and any substantive revisions thereafter.
Such notice shall include information as to where copies of the Order
may be found or obtained. All new DOT
employees will be provided with a brief written summary of this Order and any
related procedures that have been developed by the applicable OA, as part of
the orientation process for new employees.
Complete copies of this Order will be posted on DOT’s intranet and internet
sites and will be available, upon request, from the
2-1. INTRODUCTION: A request for reasonable accommodation is a statement that an individual needs an adjustment or change at work, in the application process, or in a benefit or privilege of employment for a reason related to a physical or mental impairment. There is no requirement that a request include special words, such as “reasonable accommodation,” “disability,” or “Rehabilitation Act.”
2-2. INITIATING A REQUEST: An employee or job applicant may initiate a request for reasonable accommodation orally or in writing. For purposes of this Order, oral communication includes communication through a sign language interpreter, via telephone, or via TTY (including relay services); written communication includes communication via email. An employee or job applicant may also request a reasonable accommodation through a family member, health professional, or other designated representative.
2-3.
WHERE TO DIRECT REQUESTS: In
order to minimize delays, employees should direct requests for reasonable
accommodations to the decision maker designated to process and decide requests
for reasonable accommodation by the employee's OA pursuant to Section 3-2,
below, or to the employee's immediate supervisor, if no decision maker has been
designated. In addition to the
designated decision maker and the employee's immediate supervisor, requests may
be made to another supervisor in the employee's chain of command, the
applicable DPM, a representative of the applicable HR office, the
Applicants may direct requests for accommodation in the hiring process to any DOT employee the applicant has contact with in official connection with the application process. If requests are made to DOT employees who are not part of the HR staff that is handling the vacancy, the request will be forwarded to the designated decision maker.
2-4. TIMING OF REQUESTS: An individual with a disability may request reasonable accommodation whenever he or she chooses, even if he or she has not previously disclosed the existence of a disability.
2-5.
WRITTEN REQUEST POLICY: To
enable DOT to keep accurate records of requests, employees and applicants
seeking reasonable accommodation must follow up an oral request by confirming
that request in writing. Unless
otherwise instructed, employees should direct written confirmation to the
designated decision maker, the employee’s immediate supervisor, or the
2-6. THE REQUEST BEGINS THE PROCESS: The reasonable accommodation process and all time limitations established in this Order begin as soon as a request for accommodation is received by the appropriate individual, as set forth in Section 2-3, above, whether in writing or orally, and may not be delayed pending written confirmation. Oral requests shall be deemed received when made. Written requests shall be deemed received when actually received by the appropriate individual or his or her designee. If a request is made to someone other than the individuals designated in Section 2-3, the time limits begin to run as soon as a designated individual receives the request.
3-1. DECISION MAKERS: The individual who is responsible for making the decision regarding a request for reasonable accommodation will be referred to as the “decision maker.” Decisions on requests for reasonable accommodation will always be made in the OA where the requesting employee works, by the individual or individuals designated to do so by the head of that OA. Decisions should generally be made at the lowest possible organizational level within the OA. If the OA has not designated a decision maker, the employee’s immediate supervisor or the lowest-level supervisor in the employee’s chain of command with the authority to approve the accommodation shall be the decision maker. Decisions regarding reasonable accommodations for job applicants shall be made by the individual or individuals designated to do so by the head of that OA. If the OA has not designated a decision maker, the senior HR Manager responsible for servicing the vacancy shall be the decision maker.
3-2. RESPONSIBILITY FOR DESIGNATING SURROGATES: When a decision maker will be unavailable to handle requests for reasonable accommodation within applicable time frames, he or she is responsible for ensuring that an appropriate surrogate has been designated to handle accommodation requests in his or her absence. Established time frames will not be suspended due to the unavailability of a principal decision maker.
3-3. REFERRING INITIAL REQUESTS: To ensure that requests are processed in
a timely manner, any individual who receives a request for a reasonable
accommodation, including the individuals designated to receive requests
pursuant to Section 2-3, above, shall refer the request to the appropriate
decision maker as quickly as possible, but usually within three (3) business
days from the date that the individual receives the request. Every effort should be made prevent any delay
during this part of the process. The
3-4. CONSIDERATION OF LABOR RELATIONS OBLIGATIONS: If an employee who requests an accommodation is in a bargaining unit represented by a union, the decision-maker must contact his or her labor relations office to determine what, if any, labor relations obligations must be met.
4-1. GENERAL: The reasonable accommodation process must be a cooperative, interactive process that involves the individual requesting the accommodation, the person who is responsible for making decisions concerning accommodations, and other appropriate personnel. Decisions on requests for accommodation must be made on a case-by-case basis, and must not be based on stereotypes regarding various disabilities.
4-2. RESPONSIBILITY FOR DECISIONS: Each OA, through its designated decision-maker(s), is responsible for accepting, processing, and determining whether to grant or deny requests for reasonable accommodations from its employees and from individuals applying for jobs in that OA. The Secretary of Transportation or his or her designee must approve any decision to deny an accommodation when the basis of the denial is undue hardship. See Section 7-2, below.
Decision-makers are ultimately responsible for all aspects of the accommodation process. This includes, but is not limited to, determining and documenting that the requesting employee or job applicant is a qualified individual with a disability, identifying and documenting the essential functions of that individual’s job, determining whether a reasonable accommodation is necessary to enable the requesting employee to perform essential functions of the job or to enjoy equal benefits and privileges of employment, identifying, locating, and purchasing appropriate accommodations, arranging for installation, training, and follow up, as needed, requesting and maintaining necessary documentation, and fulfilling all reporting requirements.
Given the importance of these determinations
and the fact that a correct decision may require the application of complex
legal concepts, all decision-makers are strongly encouraged to consult with
their respective HR, legal, and civil rights offices, DPMs, and/or the
4-3. SERVICES AVAILABLE FROM THE DISABILITY RESOURCE CENTER: In order to assist the OAs’ with the obligation to provide reasonable accommodations to employees and job applicants with disabilities and to ensure equitable outcomes throughout the Department, the Disability Resource Center was established, under the sponsorship of the Departmental Office of Civil Rights.
The
Although
4-4.
PROCESSING ACCOMMODATION REQUESTS WITH ASSISTANCE FROM THE
In most cases involving products and/or
services, the
The
4-5.
REQUIRED NOTIFICATIONS: Upon
receipt of a request for reasonable accommodation, either directly or through a
third party, the decision-maker shall contact the requesting party as soon as
possible, but usually within (3) business days from the date he or she receives
the request, to inform the requesting party that he or she is the decision
maker, to explain how the request will be handled, and to begin the interactive
process described in Section 4-6 below.
Every effort should be made to prevent any delay during this part of the
process. The decision-maker may consult
with the
If the
4-6.
DISCUSSION OF THE REQUEST: The
individual requesting the accommodation and the decision-maker (and the
requesting party’s supervisor, if the supervisor is not the decision-maker)
shall engage in an interactive process to determine what, if any, accommodation
is required. Decision-makers are
encouraged to include representatives of the appropriate HR, legal, and civil
rights offices and/or the
4-7. THIRD PARTY REQUESTS: When a request for accommodation is made by a third party on behalf of an applicant or employee, the decision maker should, if possible, confirm the request with the applicant or employee before proceeding. In circumstances (such as hospitalization for an acute illness) that make it impossible for the request to be confirmed, the decision maker should begin processing the third party’s request before obtaining such confirmation. However, as soon as reasonably possible and prior to the actual delivery of an accommodation, the decision maker shall obtain confirmation from the employee or job applicant that he or she wants a reasonable accommodation. In general, when dealing with third party requests, decision makers shall ensure that the privacy rights of DOT employees and job applicants are not violated. See Section 6-4, below.
4-8. REASSIGNMENT: When responding to a request for reassignment, the following considerations apply:
a. Reassignment should normally be considered as a last resort. It will only be considered when an employee cannot perform the essential functions of his or her current position and no accommodation is possible in that position, or if the only effective accommodation would cause undue hardship to the Department. Reassignment is not available as an accommodation to job applicants. It cannot be required when the Department can demonstrate that it poses an undue hardship. As with other forms of reasonable accommodation, an employee is entitled to an effective accommodation, which may or may not be his or her accommodation of choice. In the case of multiple vacancies, while nothing prevents the Department from offering several reassignment opportunities, the Department is only obligated to offer one reassignment opportunity as a form of accommodation. An employee must be qualified for the new position, with or without reasonable accommodation.
b. In considering whether there are positions available for reassignment, the decision maker shall work with both the employee and with personnel in the appropriate HR office to identify all vacant positions within the employee's OA for which he or she may be qualified, with or without reasonable accommodation. For this purpose, the term “vacant positions” shall include positions that are actually vacant and that the OA intends to fill, as well as positions that the decision maker or HR knows will become vacant over the next sixty (60) calendar days.
c. The initial search should focus on positions within the employee’s current OA that are equivalent to the employee’s current job in terms of pay, grade, promotion potential, status, benefits, geographical location, and other relevant factors. If an equivalent position is found, the employee must be offered that position. He or she cannot be required to compete for that position.
d. If there is no equivalent level position vacant (or anticipated to be vacant) within the same commuting area as the employee’s current position, the decision maker shall consult with the employee to determine whether the employee is willing to accept a vacant position outside of the employee’s current commuting area. If so, the search shall be expanded to other geographic regions where the employee’s OA may have vacant positions. In general, as with other transfers not required by management, the Department is not required to pay relocation expenses.
e. If the search for an equivalent position within the employee’s OA is unsuccessful and the employee is unwilling to consider an equivalent position outside of his or her local commuting area (or such a position cannot be located), the decision maker shall consult with the employee to determine whether the employee is willing to accept a position in other parts of the Department. If so, the search shall be expanded to seek an equivalent position within the entire Department, unless to do so would pose an undue hardship, in which case the search shall be expanded to the extent possible without causing undue hardship. The heads of the Department’s Human Resources (HR) Council and Civil Rights Directors Leadership Council (CR Council) will appoint an ad hoc committee that will develop recommended procedures for conducting Department-wide position searches and reassignments. The committee must be established and functioning no later than thirty (30) days from the date of this order. The committee will submit the procedures for a Department-wide search to the HR Council and the CR Council no later than thirty (30) days from the start of its work. Such procedures shall provide that OA’s may provide broader reassignment opportunities (e.g. relocation at the OA’s expense) but may not provide narrower opportunities.
f. If the expanded search for an equivalent position is unsuccessful, the OA must consider vacant lower level positions for which the individual is qualified. Prior to assigning a lower-level (non-equivalent) position to an employee, the decision-maker should consult with the employee to determine which factors are most significant to the employee.
5-1. TIME PERIOD FOR PROCESSING REQUESTS: Requests for accommodations shall be processed, and accommodations, if appropriate, provided, in as short a timeframe as reasonably possible. The timeframe necessary to process a request will vary depending upon the nature of the accommodation requested, the need for supporting information, and other factors. However, absent the need for supporting medical information and/or the existence of other extenuating circumstances, a request for reasonable accommodation shall be processed and the accommodation, if granted, provided, within twenty-five (25) business days from the date the request is received by the decision maker or by a party designated to receive such requests in Section 2-3, above. Each party involved in processing a request shall document the time used to complete each step of the process.
5-2. EXPEDITED PROCESSING: Circumstances may warrant expedited decision- making in certain cases. Examples of situations that require reasonable accommodations to be provided in a shorter time period include:
a. Job
Applicants. Based on the timetable
for receiving applications, conducting interviews, taking tests, and making
hiring decisions, there may be a need to expedite a request for reasonable
accommodation in order to ensure that an applicant with a disability has an
equal opportunity to apply for a job. The
applicable HR office, the selecting official and/or the
b. Employees. Based on the nature of the request, an employee may require a reasonable accommodation for a job-related activity that will occur within a short time frame. For example, an employee may need a sign language interpreter for a meeting scheduled to take place in five (5) days. (The employee should, however, provide as much notice as possible for a regularly occurring activity.) In addition, an employee's accommodation request may include both simple, easy to obtain, items and more complex accommodations. For example, an employee with limited dexterity may need both a simple trackball and complex, computer-related accommodations, such a speech-recognition software. Easily obtained accommodations that are necessary to enhance the employee's productivity and effectiveness should be provided to the employee as soon as reasonably possible, and should not be delayed pending completion of the entire request.
5-3.
MEDICAL DOCUMENTATION
a. There is an outstanding initial or follow-up request for medical information.
b. The purchase of equipment may take longer because of requirements under the Federal Acquisition Regulation.
c. Equipment must be back ordered or there are other vendor-related delays that are not within the control of the Department.
d. The employee with a disability needs to try working with equipment on a trial basis to ensure that it is effective before it is purchased.
e. The need for the Secretary or his/her designee to approve an undue hardship claim raised by the decision-maker.
5-4. NOTIFICATION TO INDIVIDUAL FOR DELAY IN PROCESSING REQUEST: Where extenuating circumstances exist, the decision-maker must notify the individual in writing of the reason for the delay, and the approximate date on which a decision or the provision of the reasonable accommodation, is expected. Additional developments should also be communicated promptly to the individual in writing.
5-5. TEMPORARY MEASURES: If there is a delay in providing an approved accommodation, the decision-maker must consider whether temporary measures can be taken to assist the employee. Any accommodation offered on a temporary basis must be presented to the employee in writing, and must clearly state the temporary nature of the solution and the anticipated implementation date of the permanent accommodation.
6-1.
REQUESTING INFORMATION/DOCUMENTATION:
If an employee or applicant requests a reasonable accommodation, the
decision maker is entitled to sufficient information/documentation to determine
that the individual has a disability, as defined in the Rehabilitation Act, and
that he or she requires a reasonable accommodation. When the disability and/or the need for
accommodation is not obvious and is not otherwise known, the decision-maker may
require that the person requesting an accommodation provide reasonable
information/documentation about the functional impairment at issue and the
requested accommodation. When appropriate,
medical information and documentation may also be requested by the
If the medical information submitted is insufficient, the decision-maker may request supplemental information/documentation. When requesting additional information, decision-makers are encouraged to explain to the requesting party why the documentation is insufficient and to identify the information still needed. Failure to submit properly requested information/documentation may result in denial of the request for reasonable accommodation.
6-2.
SPECIFIC TYPES OF MEDICAL INFORMATION/DOCUMENTATION: When the conditions described in Section
6-1, above exist, the decision maker or the
a. the nature, severity, and duration of the impairment;
b. one or more of the activities that the impairment limits;
c. the extent or degree to which the impairment limits an activity;
d. the reason an individual requires reasonable accommodation or the particular reasonable accommodation requested; and/or
e. how the reasonable accommodation will assist the individual to apply for a job, to perform the essential functions of a job, or to enjoy a benefit of employment.
The decision-maker may obtain information regarding the nature and extent of an individual's disability and the functional limitations it imposes directly from the individual. Alternatively, the decision-maker may require that information/documentation come from an appropriate professional, such as a physician, a vocational counselor, a physical therapist, or another individual with recognized expertise regarding the individual’s condition. When appropriate, the decision-maker should provide the professional with information describing the nature of the job, the essential functions the individual must perform, and other relevant information. An OA may have medical information reviewed by a medical expert of the OA’s choice at its sole expense.
6-3. INSUFFICIENT MEDICAL DOCUMENTATION: If an individual fails to provide the decision-maker with sufficient information/documentation to determine that an employee or applicant has a disability that requires a reasonable accommodation, and the decision-maker has explained the insufficiency, has identified the information/documentation needed, has allowed the individual the opportunity to provide the identified information/documentation, and has placed the individual on notice that failure to provide the identified documentation may result in denial of the accommodation request, then the decision-maker may deny the accommodation request.
Alternatively, the decision maker may ask the individual to sign a limited medical release permitting the decision-maker to submit a list of specific questions addressing the insufficiency to the individual’s physician or health care professional and/or permitting the decision-maker or a physician or health care professional of the Department's choice to make the contact and inquiries. The decision-maker may also offer, and in certain circumstances require, the individual an opportunity to submit to an independent examination by a health care practitioner of the OA’s choosing. In this option, the OA is responsible for paying for the examination.
6-4.
CONFIDENTIALITY
a. Information about necessary accommodations and/or work restrictions may be provided to supervisors or managers who need to know;
b. Information about emergency treatment that could be required may be disclosed to first aid and safety personnel;
c. Investigatory information may be disclosed to government officials conducting compliance activities under the Rehabilitation Act;
d. Under limited circumstances, information may be disclosed to worker’s compensation offices or insurance carriers, See 29 C.F.R. Part 1630 Appendix sections 1630.14(b), 1630.16(f);
e.
HR,
f. Information about assistance needed during an emergency evacuation may be required and can be provided to safety personnel.
Any properly made disclosures must also include information about the confidentiality requirements that attach to the information.
6-5. RECORDS RETAINED: During the time the request for reasonable accommodation is pending and, for requests that have been denied, during the time period for reconsideration established in Chapter 8, below, the decision maker shall maintain all records related to the reasonable accommodation determination, including medical records obtained pursuant to this Chapter. Following an uncontested determination or the resolution of a contested determination the records shall be forwarded to the office that has been designated by the applicable OA to maintain such files, to be kept separate and apart from the individual's personnel file(s). These records should be maintained for the duration of the individual’s tenure with the Department.
6-6.
OTHER RELEVANT SOURCES:
All actions taken pursuant to Chapter 6 shall be consistent with the standards contained in the following sources, as appropriate.
a. EEOC
Enforcement Guidance: Reasonable
Accommodation and Undue Hardship under the Americans with Disabilities Act,
found at 8
b. EEOC
Enforcement Guidance: Disability-Related
Inquiries and Medical Examinations of Employees under the Americans with
Disabilities Act, found at 8
c. 5 U.S.C. Sections 3301, 3302; and 5 C.F.R. Part 339 (Office of Personnel Management's Medical Qualification Determinations)
d. The Privacy Act of 1974, 5 U.S.C. Section 552a, and 49 C.F.R. Part 10
7-1. GRANTING A REASONABLE ACCOMMODATION REQUEST: A determination that a reasonable accommodation will be granted should be communicated to the individual, in writing, as soon as practicable. Absent extenuating circumstances, the decision maker shall give the requesting party his or her decision within twenty-five (25) business days. Such notice should include the projected timeframe for providing the accommodation.
7-2. DENIAL OF A REASONABLE ACCOMMODATION REQUEST: When a decision maker denies a request for reasonable accommodation, the decision must: (1) be in writing, and (2) specify the reason(s) for denying the request. Absent extenuating circumstances, the decision-maker shall give the requesting party his or her decision within twenty-five (25) business days. Reasons for denying a request for reasonable accommodation may include, but are not limited to, the following:
a. The employee or applicant does not meet the definition of a qualified individual with a disability under the Rehabilitation Act.
b. Medical documentation is inadequate to establish that the individual has a disability and/or needs a reasonable accommodation.
c. The requested accommodation would not be effective.
d. The requested accommodation would require the removal of an essential job function.
e. The requested accommodation would require the lowering of a performance or production standard.
f. The requested accommodation would be in violation of the terms and conditions of a collective bargaining agreement.
g. The requested accommodation would result in an undue hardship to the Department. Before reaching this determination, the decision maker must have explored whether other effective accommodations exist which would not impose undue hardship. In making an undue hardship determination, the decision maker shall consult with appropriate Civil Rights, Human Resource, budget, and legal offices. The Secretary of Transportation or his or her designee must approve all decisions that an accommodation would result in an undue hardship[i].
7-3. NOTICE OF APPEAL RIGHTS: The written notice of denial must also inform the requesting party that he or she has the right to file an EEO complaint and may also have rights under administrative and union grievance procedures. The written notice should also explain the Department’s procedures for informal dispute resolution.
8-1. GENERAL: OA’s shall seek to resolve disputes arising from a denial of a request for reasonable accommodation at the lowest possible level. It is recognized that some disputes will escalate into formal administrative and legal forums; however, utilization of Alternative Dispute Resolution (ADR) or other appropriate mechanisms has the potential to resolve many of these disputes. Therefore, DOT supervisors and employees are encouraged to resolve disagreements and disputes regarding reasonable accommodation issues on an informal basis, whenever possible.
8-2. FORMAL DISPUTE RESOLUTION PROCEDURES: DOT components policies shall identify their dispute resolution mechanisms for use when informal resolution of reasonable accommodation disputes is not possible. This does not require the development of new procedures.
9-1. GENERAL:
For reporting purposes and in order to evaluate the Department’s
effectiveness in responding to reasonable accommodations requests, each OA and
the
9-2. REPORTING:
Each decision-maker shall submit the required information to the
appropriate DPM (unless another office has been designated to maintain such
information by the applicable OA) within eight (8) business days of the
decision. The
9-3. REASONABLE ACCOMMODATION
a. the number of reasonable accommodations, by type, that have been requested in the application process, and whether those requests have been granted or denied;
b. the jobs (occupational series, grade level, and Agency component) for which reasonable accommodations have been requested;
c. the types of reasonable accommodations that have been requested for each of those jobs;
d. the number of reasonable accommodations, by type, for each job that have been approved, and the number of accommodations, by type, that have been denied;
e. the number of requests for reasonable accommodations, by type, that relate to the benefits or privileges of employment, and whether those requests have been granted or denied;
f. the reasons for denial of requests for reasonable accommodation;
g. the amount of time taken to process each request for reasonable accommodation; and
h. the sources of technical assistance that have been consulted in trying to identify possible reasonable accommodations.
9-4. INFORMATION TO THE EEOC: In accordance with Executive Order 13164, each Agency and component that adopts reasonable accommodation procedures must submit the procedures to the EEOC. Agencies and components must also submit any modifications to reasonable accommodation procedures at the time they are adopted. , Prior to transmittal to the EEOC, any OA planning to develop procedures to supplement this Order shall work in close consultation with DOCR on the development of such documents and or any subsequent modifications.
Any person interested in receiving further information regarding these procedures may contact:
U.S.
Department of Transportation
Disability Resource Center
Disability Policy Analyst
400 Seventh Street, SW
Room 2110, SVC-104
In addition, DOT employees and job applicants may:
Contact the Disability Resource
Center for information on accommodation services for any DOT employee or
applicant at 202-493-0625, TTY 202-366-5273, email drc@tasc.dot.gov,
or may visit the
Contact the Departmental Office of Civil Rights (DOCR) at (202) 366-4648 or refer to the DOCR page on the Department’s web site at http://www.dot.gov/ost/docr/.
[i] For several operating administrations or parts of the Department, special statutory provisions apply. See 49 U.S.C. section 106(f) (2002)
(Federal Aviation Administration); 5 U.S.C. Appendix 8G (g)(2) (2002) (Office of the Inspector General); 49 U.S.C. sections 114(m)(1), 44935 (2002) (Transportation Security Administration).