Transmittal Memo Show
Date: September 11, 2019 TO: All Staff SUBJECT: Interim Guidance 303-1, Reasonable Accommodations Purpose: This interim guidance establishes NARA’s temporary policy and procedures on providing reasonable accommodation (RA) for
qualified employees and applicants with disabilities so these individuals may enjoy the benefits and privileges of employment. A replacement directive is being written. The interim guidance: Background: Executive Order 13164, “Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation,” requires agencies to establish procedures for handling requests for RAs from NARA employees and applicants. NARA processes these requests and provides
accommodations within the timeframes in compliance with these procedures. Significant changes: The original policy was published in April 2003. Reasons for changes include compliance with EEOC mandates, and the need to clarify processing timeframes and specific parts of the process. The potential impact is improved processing timeframes, EEOC accountability, clarification on denials, and avenues of redress. Changes include: Available forms: Canceled policy: NARA 303, Processing Reasonable Accommodation Requests for Employees and Applicants with Disabilities, dated April 1, 2003. Effective date: This
interim guidance is effective upon signature date. Contact information: For questions about this policy, please contact the EEO office at or (301) 837-3411. DEBRA STEIDEL WALL NARA 303 SUBJECT: Reasonable Accommodations 303.1 Policy. 303.2 Scope and Applicability. 303.3 Responsibilities. In addition to the authorities delegated in NARA 101, NARA Organization and Delegation of Authority, the following responsibilities are assigned in order to effectively implement this policy. 303.4 Examples of reasonable accommodations. a. NARA uses the definition of “reasonable accommodation” found in the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. “An
RA balances the needs of the employer and the needs of the individual. As the very name suggests, RAs must be feasible for the employer to enact and, in the context of job performance, must enable the employee to perform the essential functions of their position. As applied to applicants, an RA enables an applicant with a disability to have an equal opportunity to participate in the application process and be considered for a job. RAs allow those employees with a disability an equal opportunity
to enjoy those benefits and privileges of employment that employees without disabilities enjoy.” b. A reasonable accommodation is any change in the work environment, in the way things are customarily done, or in the job application process that enables a person with a disability to enjoy equal employment opportunities and equal physical access to her or his workplace or work station. An RA may include, but is not limited to: 303.5 Additional information. The Supplement to this interim guidance contains detailed, step-by-step instructions for individuals requesting an RA, managers and supervisors, and the DPM on how to submit, process, and enact RAs. 303.6
Authorities. 303.7 Public Release. Unlimited. This interim guidance is approved for public release. 303.8 Records Management. Records created during the administration of the RA program are covered by General Records Schedule (GRS) 2.3, item 020, RA program files. Records created during the processing of requests for RAs are covered by GRS 2.3, item 021, RA employee case files. Supervisors must not keep any medical documents they receive during the course of an RA request (GRS 2.2, Item 080, Exclusion 2). Such medical documents must be forwarded to the DPM. Contact Corporate Records Management (CM) with any questions regarding the management of these records. Supplement 1: Reasonable Accommodation Procedures 1. The goal of RA
2. Instructions for requesting an RA
3. Processing RA requests from job applicants If a job applicant requests an RA related to the application process, ARC will
adjudicate the RA request and, if approved, will provide the RA. If ARC cannot provide the RA or if the request relates to steps of the hiring process that are NARA’s responsibility (e.g. interviews), ARC will forward the RA request to the mailbox, which is monitored by the EEO office. The DPM will then contact the applicant and process the RA request. (See paragraph 303.3.a.(4), “Responsibilities”). If an accommodation is needed
after an applicant is selected, forward the request to the immediate supervisor. 4. Processing RA requests from NARA employees
5. When NARA begins processing a request for RA An employee should submit NA Form 3043 immediately or as soon as possible; however, it is not a prerequisite for NARA to begin processing the request. A verbal or written request should be acted on immediately upon receipt. The “Interactive Process” starts once a request is received, and it is the collaborative effort between the decision maker (usually the immediate supervisor)
and the employee to discuss the RA request in an effort to identify potential accommodations. A decision maker may offer suggestions for RAs and discuss their effectiveness in removing the workplace barrier that is impeding the individual with the disability. 6. People who serve as decision makers
7. Backup decision makers
8. The decision maker handles an RA request as follows
9. People who can assist the decision maker with the RA request
10. Required medical documentation NARA may require only medical documentation that is necessary to establish that a person has a disability, and that the disability necessitates an RA. If an individual has more than one disability, NARA can only request
information about the disability that requires RA. The documentation about the disability and the functional limitations must come from an appropriate health care or rehabilitation professional. In requesting medical documentation, NARA must specify what types of information it is seeking regarding the disability, the functional limitations of the disability, and the need for an RA. This specific documentation requested will be provided in a letter by the DPM to the employee’s health care
professional. The DPM requests that the medical documentation be provided within 30 business days. Extensions can be provided on a case-by-case basis due to extenuating circumstances (see paragraph 16, “Rules for decision makers to extend the processing time”). 11. Instances where medical documentation is not needed for an RA If the disability is obvious or already known to the decision maker, then it is not necessary to obtain
medical documentation. For example, an employee who is d/Deaf and needs an interpreter to communicate, will not need to provide medical documentation to justify an RA request for an interpreter, or an employee with a missing leg would not have to provide medical proof of her or his condition to get a mobility-related RA. 12. Proper handling of medical information NARA employees are strictly bound to the confidentiality requirements below. These requirements comply with the Rehabilitation Act of 1973. NARA employees must:
13. Purpose of NA Forms 3043, 3044, and 3076 For NARA to keep accurate records for annual reporting to the Equal Employment Opportunity Commission (EEOC), all requests for accommodation and decisions about those requests must be documented using the NA Form 3043 and NA Form 3044. The DPM is responsible for maintaining all forms and providing the EEOC with required statistics and reports. It is always necessary to complete the NA Form 3076 if submitting medical documentation. An example of a
case where it would be unnecessary would be if a d/Deaf person requests an interpreter. 14. NA Form 3043 is not necessary for an accommodation needed on a repeated basis NA Form 3043 is only required for the initial request (e.g., the assistance of a sign language interpreter or reader). 15. Timeframes for processing a request and providing an RA
16. Rules for decision makers to extend the processing time Decision makers may extend the time for processing an RA request only when there are extenuating circumstances. Extenuating circumstances are factors in which unforeseen or unavoidable events delay the processing and delivery of an accommodation. Examples of extenuating circumstances:
17. Actions to be taken if the timeframe is extended
18. Criteria for denying an RA request Failure to provide an RA to a qualified individual with a disability may be disability discrimination under the Rehabilitation Act. As such, a decision maker must consult with the DPM and NGC prior to denying a request for an RA. This conversation provides the opportunity to discuss the effectiveness of an accommodation and possible alternatives, and to seek additional information or clarification when making a decision (see paragraph 9, “People who can assist the decision maker with the RA request”). Denials are made on a case-by-case basis, and may be made only for the following reasons:
19. Process for denying an RA request
20. Cases where no possible RA could enable an employee to perform the essential functions of a position
21. Dissatisfaction with the RA outcome
22. Reviewing Existing RAs
23. Guidelines for keeping official records of RA requests The DPM maintains all official records created or received during the processing of a request for RA. The DPM responds to all requests for disclosure of records. Decision makers must forward all documentation to the DPM as prescribed in “18. The decision maker handles an RA request as follows”. Decision makers may retain non-record copies of all documentation except for employee medical
documentation. 24. Additional resources on providing an RA Contact the DPM for a list of select RA resources or visit the U.S. Equal Employment Opportunity Commission website at https://www.eeoc.gov/policy/docs/accommodation.html. 25. Paying for RAs
26. Personal Assistance Services (PAS)
What are examples of the type of reasonable accommodations that a supervisor may provide EEO quizlet?Examples of reasonable accommodations include: making the workplace accessible to and usable by an employee with a disability, restructuring a job, modifying work schedules, providing qualified readers for individuals who are blind, providing sign language interpreters to people who are deaf, providing periods of leave ...
Which employee's condition must be accommodated under the Americans with Disabilities Act of 1990?An individual meets the Americans with Disabilities with Act definition act of “disability” that would qualify them for reasonable accommodations if they have “a physical or mental impairment that substantially limits one or more major life activities (sometimes referred to in the regulations as an “actual disability”) ...
How many calendar days does an individual have to contact an EEO?An aggrieved individual (a DOL employee or applicant for employment with DOL) must contact and EEO Counselor within 45 calendar days of an alleged discriminatory action, or in the case of a personnel action, within 45 calendar days of the effective date of action.
Which of the following is not required of employers under the Americans with Disabilities Act?According to the EEOC, the ADA does not require employers to develop or maintain job descriptions. A written job description that is prepared before advertising or interviewing applicants for a job will be considered as evidence in determining essential functions along with other relevant factors.
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