Bill Haig National Reasonable Accommodation Coordinator Environmental Protection Agency

History of Reasonable Accommodation Rehab Act of 1973 ADA 1990 Section 501 & Title I now have same standards, definitions & requirements Executive Order 13164, July 2000 ADA Amendments Act of 2008 Genetic Information Nondiscrimination Act

Reasonable Accommodation & Definitions Reasonable Accommodation: modifications or adjustments to a job, employment practice, or work environment that makes it possible for an employee with a disability to perform essential job duties, enjoy equal benefits/privileges of employment and an applicant w/disability to have equal access to application process. Disability (actual, history of, regarded as) Major Life Activities Substantially Limits – Nine rules of construction Undue hardship: Action that requires significant difficulty – extensive, disruptive, fundamentally alters nature or operation of office/unit, etc.

When is process triggered? (Step 1) Process must be initiated by the employee, in most cases What to listen for from employee Applicant request Third party Verbal vs. written Who receives request

Is the requestor an individual with a disability? (Step 2) Obvious Hidden/non-Obvious Is medical documentation needed or not? Who determines disability Information conveyed to decision maker

What accommodations will be considered (Step 3) Requires Decision-maker (DM) and employee (may include others) Look at particular job and determine essential functions Consult with employee Must know functional limitations of employee Select the accommodation that best addresses needs of the employee and employer RA must provide opportunity for employee to perform essential functions of current job and/or adhere to uniformly applied conduct rules

Offering Reasonable Accommodation (Step 4) DM approves/denies RA request Must employer offer what is requested? Need not be best accommodation, just effective Must only remove employment-related barriers Offering another effective RA Personal use items not required Resources available to employer & employee (CAP, JAN, RAC, DEPM)

Basis for denial of RA (Step 4 continued) Creates undue hardship Action that requires significant difficulty – extensive, disruptive, fundamentally alters nature or operation of office/unit, etc. Changes the job for which person is performing or desires Removes essential job functions Other employees do more work Lowers production standards Not a person with a disability Failure to cooperate Not a qualified person with a disability

Reasonable… Job restructuring (reallocate, redistribute or eliminate marginal duties) Flexible scheduling (start and end times) Acquiring new equipment or assistive technology Providing qualified interpreters Telework Physical changes to work area

These are not defensible undue hardship claims If I do this for you, I will have to do it for everyone else We just dont do that here I treat all of my employees the same I dont have any money in my budget (feds)

Timeframes to process RA requests Included in your RA Procedures Should be as short as possible Management/DM should be informed of timeframes every step of the way

How effectiveness is determined (Step 5) Removes the barrier(s) allowing employee to perform essential job functions of current job in satisfactory manner and/or allows employee to adhere to uniformly applied conduct rules Does not create undue hardship If creates undue hardship, then need to come up with a different RA Evaluation of performance and/or conduct If RA is deemed ineffective, how to determine if it is the employee who will not do the job, or if it is the accommodation that is ineffective

Reassignment (Step 6) LAST RESORT Process of reassignment Vacant, qualified, how long to look, where to look Not a competitive process Must be able to perform essential functions with/without RA Relocation expenses

Privacy Act & Confidentiality Strict legal limitations on use of medical information All medical information used for RA kept in separate files Share medical information only on need to know basis & if authorized, in writing, from employee Revealing that employee is disabled and/or receiving RA

Recordkeeping/Tracking EEOC requirements resulting from Executive Order Employer/Agency requirements are outlined in RA Procedures

Performance & Conduct How it relates to RA process Can you discipline? RA provides opportunity to improve RA is doing things different for an employee with a disability