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Reasonable Accommodations

According to the U.S. Census Bureau, approximately 53 million Americans of various ages have a disability. The Americans with Disabilities Act of 1990 guarantees equal employment opportunity for people with disabilities. Under this law, employers must also make “reasonable accommodations” to assist qualified individuals with disabilities perform the essential (critical) functions of their jobs unless the accommodation proves to be an undue hardship. This section addresses some frequently asked questions regarding reasonable accommodations.

Additional information may be found in P&P 122.2

What is a disability?

A disability is a physical or mental impairment that substantially limits one or more major life activities. A few examples of major life activities would include walking, hearing, seeing, speaking, thinking, and learning. [Back to top]

Who is a qualified individual with a disability?

A qualified individual with a disability is an individual who, with or without reasonable accommodation, can perform the essential (critical) functions of the position, meets the experience and/or education requirements of the position, or meets the criteria for appointment under one of the special hiring authorities. [Back to top]

What is a reasonable accommodation?

A reasonable accommodation is a change in the work environment or the application process that would enable a qualified individual with a disability to have equal access to the same benefits of employment as non-disabled individuals. [Back to top]

What are examples of reasonable accommodations?

Some examples of reasonable accommodations may include equipment or device modifications, provision of readers and interpreters, job restructuring, or as a last resort -- reassignment to a vacant position. [Back to top]

When is a reasonable accommodation not required?

A reasonable accommodation is not required if the employee has not been determined to be a “qualified disabled individual,” if the accommodation would impose an undue hardship on the organization, when to do so would lower quality or production standards, or when the accommodation would provide personal use items (hearing aids, glasses, etc.). [Back to top]

What is undue hardship?

An undue hardship is an action requiring significant difficulty or expense to the agency. Reasonable accommodations that pose an undue hardship are determined on a case-by-case basis. [Back to top]

When should the accommodation be granted?

The accommodation is expected to be granted as soon as reasonably possible. However, it may be necessary to extend the time frame due to extenuating circumstances. [Back to top]

What is the applicant/employee’s responsibility regarding reasonable accommodation?

Employees or applicants with disabilities who need reasonable accommodations are responsible for making their needs known to the appropriate official.

(1) Notify the Personnelist, Supervisor or Disability Program Manager when the need for an accommodation arises;

(2) suggest accommodation options; and

(3) Provide medical documentation to the Disability Program Manager or the Department’s Medical Officer.

All medical information obtained in connection with the reasonable accommodation process is strictly confidential. [Back to top]

Does the request for an accommodation have to be proved in writing?

No, however, any oral request should be followed up in writing for record purposes. Employees may use the “Request for Reasonable Accommodation” form, REE 172, located in REE E-forms to request an accommodation. [Back to top]

What is the manager’s responsibility regarding reasonable accommodation?

Managers and supervisors are responsible for properly responding to requests for accommodation from their employees. The employer and the employee with the disability should engage in an interactive process to clarify what the employee needs and identify the appropriate reasonable accommodation.

(1) Discuss with the employee the reason for the desired consideration;

(2) Discuss the need for any medical documentation to be provided to the Disability Program Manager or the Department’s Medical Officer;

(3) Suggest accommodation options; and

(4) Contact the ARS Civil Rights Staff (Disability Program Manager) for additional assistance regarding reasonable accommodation. [Back to top]

What if a request for an accommodation has been denied?

If a request for an accommodation has been denied, the supervisor or manager should complete the “Denial of Reasonable Accommodation” form, REE 173, located in REE E-forms. The employee will be informed of his/her rights under the equal employment complaint procedures.

All reasonable accommodation cases are determined on a case-by-case basis, and in the majority of the cases, can be resolved between employee and supervisor. No two cases are identical. [Back to top]

Additional information may be found in P&P 122.2

 

Last reviewed: 09/25/2007

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