. What is the definition of an individual with a “disability” and an individual with a “qualified disability?”

  In its regulations at 29 CFR 1614, the Equal Employment Opportunity Commission (EEOC) defines an individual with a “disability” as:

  An individual who has a physical or mental impairment which substantially limits one or more major life activities (e.g., caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working); has a record of  an impairment; or is regarded as having an impairment; and the impairment must generally foreclose the type of employment involved.

 An individual with a “qualified disability” is defined as:

  An individual, who with or without reasonable accommodation, can perform the essential functions of the position without endangering the health and safety of either the individual or other employees; and who meets the requirements of the position.

 In determining whether the agency is obligated to reasonably accommodate an employee who  alleges that he or she is disabled, the agency must first determine if a “disability” exists, and, if so, whether or not the individual is a “qualified disabled” person.

 In some situations, the agency may not be aware of a disability and may have already proposed or even effected a performance based action or an adverse action (such as removal for AWOL, excessive absence, failure to maintain a regular work schedule, or medical inability to perform the duties of the position) against the employee.  On appeal of the agency’s action, the employee raises the allegation that he or she was discriminated against by their agency, and that the agency took the action because of the employee’s disability.

. What types of reasonable accommodation must the agency provide?

 This is determined on a case-by-case basis.  Generally, the employee will ask for a specific accommodation--a request for approved absence, flexible work schedule, work at home schedule, modified hours of working each pay period, restructuring the position, specialized equipment or devices for the disability, reassignment to another position, etc.

 While the employee requests the accommodation, it is up to the agency to decide whether or not it can accommodate the employee.  In making this determination, the agency decides whether an accommodation would impose an undue hardship on the operation of the agency--ability to accomplish its work given the size and number of employees in the organization, available budget, cost of the accommodation, etc.

. Must the disability be permanent?

 Yes, the agency is not required to reasonably accommodate an employee who has a temporary medical condition.  However, often times the agency is more than willing to accommodate an employee who experiences a temporary medical or emotional condition.

. Who should the employee contact if he or she has a disability?

 Again, this would depend on the policies of the agency and the employee’s concern about confidentiality.  In many cases, the employee will inform  his or her supervisor of record about his or her impairment; in other cases, the employee may not want anyone to know.  However, an agency cannot assist an employee through accommodation unless the agency is aware of the impairment.  It’s to the employee’s benefit to contact someone in the agency to request accommodation.  Keep in mind that employers are required to keep all information concerning a medical or emotional condition confidential, including any medical information that an employee voluntarily tells his or her agency.   To request accommodation, we suggest that the employee contact at least one of the following: immediate supervisor, staff in Personnel, the Employee Assistance Program coordinator, the agency nurse, or the medical officer.