1. Disability Employment Program Manager
USDA Forest Service DISABILITY AWARENESS and REASONABLE ACCOMMODATION SEMINAR July 20, 2011
Presented by:
Sheila M. Young
Disability Employment Program Manager
USDA Forest Service
Washington, DC

2. Disability Etiquette Summary TOPICS OF DISCUSSION
Reasonable Accommodation
Laws, Regulations and Executive Orders
Definitions
Individuals with Disabilities
Roles and Responsibilities
USDA Target Center
Resources (Internal and External)
Case Studies
Disability Etiquette
Summary

3. Americans With Disabilities Act (ADA) of 1990 *
07/16/96
LAWS AND REGULATIONS
Rehabilitation Act of 1973
Americans With Disabilities Act (ADA) of 1990
Americans With Disabilities Act Amendment Act (ADAAA) of 2008 * ##

4. POLICY AND EXECUTIVE ORDERS
Enforcement Guidance on ADA and Psychiatric Disabilities (March 1997)
Enforcement Guidance on Equal Employment Opportunity Commission (EEOC) Disability Related Inquiries and Medical Examinations (July 2000)
EEOC Policy Guidance on E.O : Establishing Procedures to Facilitate the Provision of Reasonable Accommodation (October 2000)
Enforcement Guidance on Reasonable Accommodation and Undue Hardship (October 2002)
Executive Order (EO)13548 – Increasing Federal Employment of Individuals with Disabilities ( July 2010)

5. Reaffirm the USDA goal for the employment of IWD *
07/16/96
AGENCY FOCUS
Hiring, placement, and advancement of Individuals with Disabilities (IWD)
Ensure reasonable accommodations and protections against discrimination
AGENCY GOALS
Reaffirm the USDA goal for the employment of IWD
Increase the employment of individuals with targeted disabilities * ##

6. INDIVIDUAL WITH A DISABILITY
An individual who:
“has a physical or mental impairment that substantially limits one or more of that person’s major life activity;
has a record of such impairment; or
is regarded as having such an impairment; and
can perform the essential functions of the position with or without an accommodation.”

7. MAJOR LIFE ACTIVITY
Substantially limiting if it “materially restricts” in the following areas:
Caring for oneself
Performing manual tasks
Seeing, hearing, eating, sleeping
Walking,
Standing, lifting, bending, speaking
Breathing
Learning
Reading, concentrating, thinking
Communicating
Working

8. MAJOR LIFE ACTIVITY
Operations of bodily functions but not limited to functions of the:
Immune system
Normal cell growth
Digestive
Irritable Bowel Syndrome; Bladder
Neurological
Brain
Respiratory
Circulatory
Endocrine
Reproductive functions

9. REASONABLE ACCOMMODATION
Modifications or adjustments to a job or the application process
Modifications or adjustments that enable a qualified individual with a disability to perform the essential functions of his or her position
Modifications or adjustments that allow employees with disabilities to enjoy equal benefits and privileges of employment
Mandatory or voluntary training/staff meetings
Employer-sponsored parties: Even if off-site and outside business hours
Employer-sponsored programs/special events (i.e. annual CFC kick-off assembly)

10. BASIC ACCOMMODATION ISSUES THAT SHOULD BE CONSIDERED
Is the disability and the accommodation obvious?
Have you considered existing policies/programs to address routine issues?
Are there short-term solutions when additional review is required?
Resist the urge to dismiss requests out of hand.
Don’t play doctor!

11. REASONABLE ACCOMMODATION TRIGGERS
Employee makes a specific written or verbal request
Supervisor observes employee having difficulty performing job functions
Decline in performance
Leave issues:
Frequent, unplanned absences
Exhausted all leave
Requests advanced sick leave
Requests extended absence or invokes FMLA

12. EFFECTIVE ACCOMMODATION
Employer must provide an accommodation that meets the employee’s needs and removes a workplace barrier
Employee is NOT entitled to accommodation of their choice
If two or more accommodations would be effective, employer may choose between them
Critical that employer understand exact nature of the problem to determine all possible, effective accommodations
Assess whether accommodations, any/all possibilities, will constitute “undue hardship

13. TYPES OF REASONABLE ACCOMMODATIONS
Almost unlimited possibilities which may include:
Sign Language Interpreters
Modifications to existing equipment or purchase/lease of new equipment that is accessible to individual with a disability
Modifying workplace policies
Changes in the working environment (e.g., flashing warning lights for evacuations)
Providing assistive technology
Reassignment (accommodation of last resort)

14. REASONABLE ACCOMMODATION
Actions not required:
Removing an essential function (i.e., fundamental/critical job duty)
Lowering production standards (quantitative and qualitative)
Excusing misconduct/performance deficiencies
Providing personal use items, such as hearing aids, service animals

15. AGENCY MUST… Not create new bureaucratic requirements
Establish procedures that permit flexibility in processing reasonable accommodation requests
Permit most expeditious consideration and delivery of reasonable accommodations
Appoint a Deciding Official for reasonable accommodation requests
Ensure all federal agency programs, training, events, and any other
activities are fully accessible to all employees and any guests
Never make direct contact with a physician to obtain medical information when the employee does not provide it

16. Have an Application Process
AGENCY MUST…
Have an Application Process
Provide accommodations that enable an employee to perform
essential functions his/her job or to gain access to the worksite
Benefits and Privileges of Employment:
Mandatory or voluntary training/staff meetings
Employer-sponsored parties: Even if off-site and outside business hours
Employer-sponsored programs/special events (annual CFC kick- off
assembly, Special Emphasis Program Training, etc.)

17. UNDUE HARDSHIP Significant difficulty or expense
Focus here is on resources and circumstances of agency as a whole, including impact on operations
Undue hardship refers to denial of a specific accommodation
Consider financial difficulty as well as reasonable accommodations that are extensive, substantial, or disruptive

18. STANDARDS OF CONDUCT
The Rehabilitation Act does not immunize disabled employees from being disciplined for misconduct, provided the employer would impose the same penalty on a non-disabled employee.
Rule is job-related to the position
Rule is consistent with business necessity
Rule is uniformly applied
May be required to accommodate to allow employees to meet conduct rule(s) in the future

19. WHEN SHOULD AN INDIVIDUAL REQUEST REASONABLE ACCOMMODATION
As soon as the individual believes there is a need for one!!!
When an employee knows/suspects that a disability may be causing a performance or conduct problem.
When an employee needs to request leave or an extended
absence because of a disability.

20. QUESTIONS?

21. ROLES AND RESPONSIBILITIES
The Employee …
Submits request verbally or in writing
Engages in interactive process with manager or Disability Employment Program Manager (DEPM) or Mission Area Designee
Submits medical information to Mission Area Designee ONLY:
Identifies medical condition
Identifies impact of medical condition on major life activity
Provides diagnosis/prognosis
Identifies requested accommodation and statement of how it will enable employee to perform the essential functions of the position

22. ROLES AND RESPONSIBILITIES
The Manager…
Engages in interactive process with employee
Approves requested accommodation
Requests assistance from the DEPM
Receives written disability determination letter from Mission Area
Designee
Accepts or declines written recommendation, if provided, from
Mission Area Designee
Considers other options if requested accommodation is not effective
Provides final review of requested accommodation and response to
employee

23. INTERACTIVE PROCESS !!!!!!!!
Process usually starts with a request from an employee/applicant
No “magic words” needed
Individual must tell employer that he/she needs something from the employer because of his/her disability
Need not be in writing
May come from someone other than the individual needing the
accommodation (doctor’s note)
Mission Area Designee may obtain medical documentation to determine if the individual’s medical condition constitutes a disability and/or to verify the need for accommodation
Cooperative Process!

24. ROLES AND RESPONSIBILITIES
DEPM…
Participates in interactive process with the requestor and manager
Consults with the individual and management official to determine appropriate accommodation
Consults with management to acquire the essential functions of position
Creates reasonable accommodation case file on all reasonable accommodation requests received
Provides workplace accommodations for employees with obvious disabilities

25. ROLES AND RESPONSIBILITIES
DEPM…
Assesses the effectiveness of various accommodations 6-months to one-year from date accommodation was provided
Assists employee in completing the Form for USDA Target Center to receive assistive technology
Plans Disability Awareness Month Observances
Contacts external resources on an as-needed-basis
Assists with the development of MD 715 Part J – Plan

26. Roles and Responsibilities
Mission Area Designees…..
Participate in interactive process
Determine whether individual has a disability
Request written essential functions - identified by management
Consult with the individual and management official to recommend potential accommodation
Create and maintain disability determination case files
Request, receive and maintain medical documentation - confidentially
Implements the accommodation of last resort – “Reassignment
Process”

27. ROLES AND RESPONSIBILITIES
Mission Area Designee…
Mission Area Designee will request the following information from the medical provider
Medical information should indicate:
Medical condition
Impact of medical condition on major life activity
Diagnosis/Prognosis (nature, severity, duration)
How accommodation will enable employee to perform the essential functions of the job

28. ROLES AND RESPONSIBILITIES
Mission Area Designee….
May request additional medical documentation:
When disability and need for accommodation are not obvious
When medical documentation provided is insufficient
When it is job-related
When consistent with business necessity
Failure to provide necessary information may result in denial of request

29. Roles and Responsibilities
Mission Area Designees ……
Assess accommodation effectiveness (6 mo - 1 yr from
accommodation date)
Provide guidance and assistance to Disability Employment Program
Managers
Submit responses either by or certified mail
Contact external resources on an as-needed-basis
Submit statistical reports to WO (weekly, monthly, & quarterly)
Assist with the development of MD 715 Part I – Plan
Weekly meeting with the WO Disability Program Team

30. CONFIDENTIALITY OF MEDICAL RECORDS
Individuals who have access may not disclose this information except under certain conditions, (ex., medical emergency, employee provide signed statement naming recipients)
Health Insurance Portability and Accountability Act (HIPAA) does not apply to agency and the receipt of medical information when requesting reasonable accommodation
HIPAA applies to medical and/or health care providers only

31. CONFIDENTIALITY OF MEDICAL RECORDS
The manager or supervisor should know only the nature of the accommodation
All medical records are subject to the confidentiality provisions of the Privacy Act
The Rehabilitation Act requires that all medical information be kept confidential
All medical information must be locked up in a secure location

32. REASSIGNMENT OBLIGATION
Agencies required to consider reassignment
Considered the accommodation of last resort
Vacant funded position (up until selection)
Employee must be qualified for vacant funded position
Agency need not create a position
Employee does not need to be “best qualified” to be reassigned

33. RESOURCES USDA Target Center www.dm.usda.gov/oo/target
Department of Rehabilitative Services
The Job Accommodation Network (JAN)
Office of Disability Employment Policy
ADA Information Center
Workforce Recruitment Program (WRP) DOL Initiative
Equal Employment Opportunity Commission (EEOC)
Office of Personnel Management (OPM)
Veterans with Disabilities

34. DISABILITY ETIQUETTE When Referring to Individuals with Disabilities:
Recognize individuality
Use the term “disability” instead of “handicap”
Treat adults with disabilities as adults
Assume that individuals with disabilities do not need help in accomplishing tasks unless they ask, then be ready to assist as they see necessary
Use positive, humanizing language when referring to people with disabilities
Inform everyone both applicants and employees, managers and supervisors that accommodations are available – It’s The Law

35. SUMMARY
Medical documentation must remain confidential and in a secured location
Mission Area Designee receives medical documentation
Mission Area Designee determines if the person has a disability and makes recommendations to the Deciding Officials
Must apply the accommodation of last resort – “Reassignment”
Disability Employment Program Manager and Mission Area Designee provides guidance to managers, supervisors, and employees
Disability Employment Program Manager assist employees with obvious disabilities to acquire assistive technology

36. SUMMARY
DEPM will assist employees during the reasonable accommodation process
Target Center provides assistive technology and ergonomic assessments on an as needed basis
HIPAA (Health Insurance Portability and Accountability Act) does not apply to agency protection of medical information, but does apply to health care providers, which would include federal medical clinics

37. QUESTIONS? For additional information contact: Sheila M. Young
Disability Employment Program Manager or