Procedures for Providing Reasonable Accommodation for Individuals With Disabilities

TABLE OF CONTENTS

Summary

1. NSF's Commitment

2. Legal Obligations

3. Who is an "Individual with a Disability"?

4. Who is a "Qualified Individual with a Disability"?

5. What is "Reasonable Accommodation"?

6. When are reasonable accommodations required?

7. Who is responsible for requesting reasonable accommodations?

8. Is documentation required?

9. Will my request for reasonable accommodation be kept confidential?

10. What should I do to request or inquire about reasonable accommodations?

11. Appendix A - Important information when scheduling interpreting services

Guide to Etiquette and Behavior for Communicating and Working with Individuals with Disabilities at The National Science Foundation

Department of Defense Computer/Electronic Accommodation Program (CAP)

Forms:

1. Confirmation Of Request For Reasonable Accommodation
2. Denial of Reasonable Accommodation Request
3. Reasonable Accommodation Information Reporting Form

I. NSF's COMMITMENT

NSF's is committed to providing reasonable accommodations for persons with disabilities, not ony for employees and applicants but also for individuals conducting business at the Foundation. This includes, for example, panelists, members of advidwory committes, participants in workshops held at NSF, speakers, and visitors with appointment with NSF staff.

NSF covers the cost of providing reasonable accommodations through a central fund managed by the Office of Equal Opportunity.

This brochure describes reasonable accommodations in line with Federal laws as applied to employees and applicants for employment, as well as individuals conducting business with NSF as indicated above.

II. LEGAL OBLIGATIONS

The Rehabilitation Act of 1973, as amended, protects qualified individuals with disabilities from employment discrimination in the Federal government. The Rehabilitation Act also protects from discrimination individuals with disabilities who seek access to Federal programs and services. Additionally, the standards applied under Title I of the Americans with Disabilities Act of 1990 (ADA) are used to determine (1) applicability for providing reasonable accommodations under the Rehabilitation Act, and (2) violations of the Rehabilitation Act with respect to a complaint alleging discrimination.

Under the Rehabilitation Act, a Federal agency is required to provide reasonable accommodations for a qualified individual with a disability.

III. WHO IS AN "INDIVIDUAL WITH A DISABILITY"?

According to ADA, an individual with a disability is a person who has:

• a physical or mental impairment that substantially limits one or more major life activity, such as hearing, seeing, walking, speaking, learning, breathing, etc.,
• a record of such an impairment; or
• s regarded as having such an impairment

The term "substantially limits" refers to the person having significant restrictions as to the condition, manner or duration under which the individual can perform a major life activity in comparison to a person without the disability.

IV. WHO IS A "QUALIFIED INDIVIDUAL WITH A DISABILITY"?

With respect to employment, a qualified individual with a disability is a person with a disability who meets the requisite skill, experience, education and other job-related requirements, and who, with or without reasonable accommodation, can perform the essential functions of such position.

V. WHAT IS "REASONABLE ACCOMMODATION"?

A reasonable accommodation is a modification or adjustment to a job or the work environment that will enable a qualified individual with a disability to participate in the employment application process, to perform job functions, or to conduct business at NSF. Reasonable accommodations also include adjustments to assure that a qualified employee with a disability has equal access to the benefits and privileges available to applicants and employees without disabilities.

The term reasonable indicates that an organization is not expected to provide an accommodation that imposes an "undue hardship" on the operation of the organization. The phrase 'undue hardship' is used to describe a change that would be unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the organization.

VI. WHEN ARE REASONABLE ACCOMMODATIONS REQUIRED?

Reasonable accommodations are required in three aspects of employment:

• to ensure equal opportunity in the application process;
• to enable a qualified individual with a disability to perform the essential functions of a job and other work-related activities; and
• to enable an employee with a disability to enjoy equal benefits and privileges or employment

Reasonable accommodations also are extended to individuals conducting business at NSF, as described earlier.

Reasonable accommodations should be offered when the organization becomes aware that there is a workplace barrier that is preventing the individual, due to the disability, from effectively competing for a position, performing a job, or gaining equal access to a benefit of employment. Generally, the agency will become aware of the individual's need for accommodation from the individual. After receiving a request for reasonable accommodation, the agency should participate in an informal dialogue with the individual to determine what accommodation, if any, would be appropriate.

Every reasonable accommodation must be determined on an individual basis. With respect to employmentt, a reasonable accommodation must always take into consideration two unique factors:

(1) the specific abilities and functional limitations of a particular individual with a disability; and

(2) the specific functional requirements of a particular job.

VII. WHO IS RESPONSIBLE FOR REQUESTING REASONABLE ACCOMMODATIONS?

Generally, it is the responsibility of the qualified individual who needs the accommodation to inform the organization that an accommodation is needed. A request does not have to use special words such as "reasonable accommodation" or "disability". If an employee with a known disability is not performing well or is having difficulty in performing a job, the organization should assess whether this is due to a disability. Under such circumstances, the organization may inquire whether the individual needs an accommodation.

VIII. IS DOCUMENTATION REQUIRED?

If an individual requests an accommodation and the need for the accommodation is not obvious, the agency may request that the individual provide medical documentation to assist in determining whether a reasonable accommodation is appropriate. This information must be submitted to the Office of Equal Opportunity Programs for coordination and approval.

IX. WILL MY REQUEST FOR REASONABLE ACCOMMODATION BE KEPT CONFIDENTIAL?

Yes. The information provided in support of reasonable accommodation requests is available only to the designated agency staff that are responsible for coordinating accommodation requests and providing accommodation services. Any employee who obtains or receives information related to a reasonable accommodation is required to keep this information confidential.

X. WHAT SHOULD I DO TO REQUEST OR INQUIRE ABOUT REASONABLE ACCOMMODATIONS?

Whether you are inquiring for yourself or on behalf of someone else, please contact the NSF Office of Equal Opportunity. Any member of the OEOP staff will be able to assist you.

APPENDIX A

Utilizing Sign Language Interpreters

1. SCHEDULING INTERPRETER SERVICES. The individual or office scheduling a meeting or event which will require interpreting services (staff meeting, training, office function, etc.) is responsible for directing the request, via e-mail, to the Disability Employment Coordinator (eeo@nsf.gov). 

Advance scheduling - preferably two weeks - is strongly encouraged, to the extent possible. Although it is not possible to foresee every occasion for which interpreting services may be required, failure to schedule interpreting services well in advance may result in the necessity to reschedule meetings until interpreter services are available.

If a meeting or event will last longer than one hour, arrangements must be made for more than one interpreter to be present, or the meeting or event must be scheduled to include sufficient rest periods, including a "sign-free" lunch break, if necessary. Generally, one interpreter can work 45-60 minutes and then needs a 15-minute break. A break during a meeting or event does not constitute a rest period for the interpreter if s/he is expected to continue working (e.g., deaf and hearing parties wish to communicate during the break and look to the interpreter to facilitate the exchange).

An employee who knows sign language or who is taking a sign language class is not an acceptable substitute for an NSF contract interpreter.

2. WORK EVENTS OUTSIDE THE WORKPLACE. NSF will provide an interpreter for an employee who is deaf or hard of hearing who, as part of his/her job, attends a meeting or event outside of the workplace. If s/he attends a conference or training program sponsored by an outside organization, the sponsoring organization is principally responsible for providing interpreters. NSF staff interpreters will provide interpreting services, however, if the sponsoring agency fails to do so. Employees can also request readers and other assistants who perform physical tasks that an employee cannot perform because of a disability. These requests should also be made at least 2 weeks in advance of the date service is required.

3. OFFICE SOCIAL FUNCTIONS AND SPECIAL EVENTS TO WHICH THE INTERPRETERS ARE INVITED. Interpreting services are routinely requested for office or Agency social functions or special events -- e.g., Holiday Party, Retirement Ceremony -- scheduled during official government time and which might be attended by employees who are deaf or hard of hearing.

4. INTERPRETING PHONE CALLS. Employees who are deaf or hard of hearing as well as employees who need to communicate with deaf and hard of hearing individuals can utilize the telecommunication relay service to interpret business-related phone calls. 

NOTE: NSF incurs additional costs if requests for sign language interpreters are not made at least 72 hours (three business days) prior to the event or cancelled within 72 hours (three business days) of the event. Please be mindful of this when requesting services.