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REASONABLE ACCOMODATION
MANAGING
A REQUEST
FOR
ACCOMMODATION
NOTE: This document was developed as a starting point for the Employee/Labor Relations Specialist to use in working with a manager when an accommodation request has been made. The information provided below assumes that an employee with a medical condition has approached a manager with a request for accommodation. Managers should be "tuned in" to requests from employees for assistance or changes in the workplace due to medical conditions. An employee doesn’t have to use the words "reasonable accommodation" but he or she must bring a request for help to the manager’s attention. Employers cannot accommodate a condition that they do not know about.
The appropriate management official should ask for medical documentation, including the appropriate medical release statement, in support of a reasonable accommodation request. The manager should inform the employee that the medical documentation may be reviewed by a Medical Review Officer designated by the agency. The documentation should be comprised of, at a minimum: 1. Diagnosis of medical condition 2. Prognosis 3. Impacted major life activities 4. Impact of condition on the job (including impact of medication) 5. Requested accommodation & explanation of how the accommodation will allow the employee to perform the job. NOTE: EEOC’s Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (March 1, 1999) states that medical documentation may be requested when the disability is not obvious (Question 6 in the Enforcement Guidance. A copy of the guidance is available at www.eeoc.gov.) An example of a situation where the disability is obvious is one in which an employee who uses a wheelchair requests some physical accommodation to the workplace. In this case, it would not be necessary to obtain medical information related to the disability. STEP 2 – Obtain medical review of the documentation After the response to the request for medical documentation is received, it should be provided to a competent Medical Review Officer (MRO), along with the employee’s accurate position description or listing of duties and performance standards. The supervisor must indicate the essential functions of the position. The MRO should make a determination on: F Does the condition enable the employee to perform the essential functions of the position, as defined by the manager? F From a medical point of view, is the requested accommodation appropriate for the articulated disability? F Is the condition permanent or temporary? F Can the MRO suggest any other accommodations that may be appropriate other than those requested by the employee? F If the employee is on medication
it may be appropriate to ask the impact of the medication on job duties.
Once information has come from the employee’s attending health care professional and has been reviewed by the MRO, the employee/labor relations specialist needs to assist the manager in making several key determinations. Use these questions to move through this process: If the answer is no, engage in the collaborative dialogue the EEOC encourages. Ask the employee in writing, if not already done, and be specific about what information is needed. 2. Does the information explain how the disabling condition impacts a major life activity? If the answer is no, it’s again time to engage in the collaborative dialogue the EEOC encourages. Ask the employee in writing, if not already done. If the information indicates the disabling condition does not impact a major life activity, there is no legal obligation to accommodate the employee. The employee should be informed, in writing, that based on the information they have provided, there is no further legal obligation. [Consider advising the employee that this decision can be revisited upon receipt of further medical documentation.] If the answer is yes, proceed
to question 3.
If the answer is no – it’s time to engage in more dialogue with the employee. You may ask the employee in writing. If the answer indicates the condition does not affect their ability to do their job, there is no legal obligation to accommodate the employee. If the answer is yes, proceed
to question 4.
If the answer is yes, proceed to question 5. 5. Does the information explain how the accommodation requested will enable the employee to satisfy the major duties of the job? Can the employee perform the "essential" functions of the position? If the answer is no -- it’s time to engage in more dialogue with the employee. Following the discussion document it. Be sure to document how the employee believes the requested accommodation will enable him/her to satisfy the major duties of his/her position. If the answer is yes, proceed
to question 6.
If the answer is no, continue in question 6. If, despite the best efforts to engage in a dialogue with the employee, management is still unable to obtain the necessary information do not continue to request medical information from the employee. Use the list below to be sure the appropriate steps have been followed. _ Manager advised the employee, in writing, that the employee has not provided the information necessary to evaluate and make a decision regarding his/her request for accommodation. _ Accommodation was not granted at this time. _ If employee provides the documentation, management will revisit the request. _ Make sure the employee understands that
the burden is on the employee to restart the process. In any case, the
employee may be held accountable for appropriate conduct and satisfactory
performance
Considerations F Does it compromise the safety or security of the workplace in any way? F Can the Agency afford any
related costs? (Consider budgetary limits in terms of the entire agency,
not local or component budget capacity.)
F Change in way supervisor assigns work/explains work F Physical changes to environment F Changes in work schedules F Change in individual’s duties 9. What other resources are available to help determine what accommodations may be appropriate? F Job Accommodation Network (1-800-JAN-7234) F Section 504 Coordinator F Disability-specific organizations F State and local vocational rehabilitation centers F Assistive technology F Interpreting services F Computer Assisted Real-Time Transcription Services F Video captioning F Alternate formats F Federal Information Relay Service F National Rehabilitation Hospital F Rehabilitative Services Administration, Department of Education (202) 205-5482 FAccessing Opportunity: The Plan for Employment of People With Disabilities in the Federal Government, October 1999 (available at www.opm.gov) FPeople With Disabilities in the Federal Government: An Employment Guide, October 1999 (available at www.opm.gov) |
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