Reasonable Accommodation

1
Reasonable Accommodation Disability Issues

2
Overview

• Define Discuss Disability
• Recent Executive Orders
• Define Reasonable Accommodation
• Considerations Responsibilities

3
Individual with a Disability

• Anyone that
• Has a physical or mental impairment that
  substantially limits one or more major life
  activities
• (i.e. walking, seeing, hearing, breathing,
  talking,
• caring for self)
• Has a history of such an impairment
• (i.e. cancer, mental illness)
• Is regarded as having an impairment
• (i.e. facial scars, HIV status)

4
Qualified Individual with a Disability

• An individual who, with or without reasonable
  accommodation, can perform the essential
  functions of his or her position.
• Satisfies skills, education, experience other job
  requirements (otherwise qualified for the
  job)

5
Terminology

• Disability rather than Handicapped
• Legislative language
• People-first language

6
Two Types of Disabilities

• Reportable Disability- Any disability
  voluntarily reported to agency
  (SF Form 256)
• Targeted Disability- More severe disabilities
  targeted by EEOC for emphasis in affirmative
  employment planning

Reportable Disabilities
Targeted Disabilities
7
Targeted Disabilities

• Deafness
• Blindness
• Missing Extremities
• Partial Complete Paralysis

• Convulsive Disorders
• Mental Retardation
• Mental Illness
• Distortion of Limbs and/or Spine

8
N E S D I S

• Reportable Disabilities - 42 employees or 4.9
• Targeted Disabilities - 11 employees or 1.3
• Suggested goal for targeted disabilities - 2.27
  
• General Statistics
• Approximately 54 million Americans with
  Disabilities
• 70 of people with severe disabilities are
  unemployed

9
Executive Order 13163

• Increase employment of people with disabilities
• Over five years (2001-2006), the federal
  government should hire 100,000 people with
  disabilities
• Each agency given a numeric goal for five years
• Agency must have hiring plan
• OPM to be oversight agency

10
Recruitment Strategies

• Workforce Recruitment Program
• High School / High Tech
• Employer Assistance Referral Network
• Special Appointing Authority Schedule A

11
Workforce Recruitment Program

• Summer and permanent employment for college
  students with disabilities
• Co-sponsored by Dept. of Labor and Defense
• Placement in positions throughout federal
  government and private sector.
• Used as pipeline for permanent employment
• White House encourages all Federal agencies to
  participate

12
Disability Laws

• Rehabilitation Act of 1973 (as amended)
• Americans with Disabilities Act (ADA)
• Prohibits discrimination
• Requires Reasonable Accommodations
• The employment provisions for the ADA
  and
• the Rehabilitation Act are
  identical.

13
Reasonable Accommodation

• Any modification or adjustment to the work
  environment that enables an individual to perform
  the essential functions of the job.

14
Reasonable Accommodations

• Making existing facilities readily accessible
• Job restructuring
• Part-time or modified work schedules
• Buying or modifying equipment or devices
• Modifying or adjusting examinations, training
  materials or policies
• Providing qualified interpreters or readers

15
ReassignmentAccommodation of Last Resort

• Considered when no other accommodation allows
  employee to perform essential functions
• Must consider all vacant positions at same grade
  or lower
• Must be qualified for position either with or
  without an accommodation
• Cost of PCS is usually borne by employee

16
Ergonomics

• Prevention
• v.
• Disabling Condition

17
Executive Order 13164

• Agency must have written procedures concerning
  reasonable accommodations
• DoC DAO 215-10
• Oral or written requests
• EEOC to be oversight agency

18
Limitations on Reasonable Accommodations

• Agencies are not required to provide
  reasonable accommodations if
• It would cause an undue hardship on the
  agency
• Or it would pose a direct threat to the health or
  safety of the employee or others in workplace.

19
Factors to Consider

• Nature and net cost of accommodation
• Financial resources of agency
• Size of employer, number of employees, type of
  operation
• Impact of accommodation on the nature of
  operation of business
• Morale or public perception not permissible
  type of hardship
• Permanent or temporary disability

20
Employees Responsibility

• Must notify agency that an accommodation is
  needed (written or oral requests)
• May need to provide medical documentation of need
  for a particular accommodation, when appropriate
• Has the right to refuse an accommodation
  

21
Supervisors Responsibility

• Consult with employee or applicant regarding
  nature and purpose of request
• Seek advice from EEO and/or Human Resources
• Respond to request in writing, if denied
• Encourage use of ADR to resolve issues

22
Agencys Responsibility

• Provide reasonable accommodations for all known
  disabilities of qualified person
• Ensure accommodation is effective
• Provide accommodation for all aspects of
  employment
• Notify applicants or employees that
  accommodations are available
• Can require documentation that a particular
  accommodation is necessary

23
CAP Serves DoC by

• Buying accommodations to make computers and
  telecommunications systems accessible
• Funding interpreters, readers, and personal
  assistants for long-term training (2 days )
• Providing expertise in solving accessibility
  problems through software, hardware, other
  adaptive technology
• Providing training and educational
  support

24
CAP Assistive Technology and Services

• Computer input devices
• Alternative keyboards, pointing devices, voice
  recognition systems
• Computer output devices
• Screen readers, large monitors, Braille terminal,
  
• scanner/reader software
• Telecommunication devices
• PC based TTY
• Assisted listening devices
• Personal amplification devices, amplified handset
  
• Alternative forms of documentation
• Braille, large print, electronic
• Captioning services
• Other technology and services to facilitate
  access

25
Contact CAP

• CAP Office 703-681-8813 (Voice)
• 703-681-0881 (TTY)
• Fax [phone]
• CAPTEC 703-693-5160 (Voice)
• 703-693-6189 (TTY)
• E-mail cap_at_tma.osd.mil
• Web www.tricare.osd.mil/cap