Transcript Reasonable Accomodation PowerPoint

WHAT DO YOU DO WHEN???
Reasonable Accommodation
Gina Portillo, Reasonable Accommodation
Coordinator
(510) 970-8421
Reasonable Accommodation
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Reasonable Accommodation
- An adjustment to job duties, work schedule, leave
or worksite (ergonomic or change in workstation) that
enables a “qualified employee with a disability” to
perform the essential functions of the position.
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- It does not mean that management must lower the
standards of work for the position or change the job
requirements.
An Individual with a Disability
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Has a physical or mental impairment that
substantially limits one or more major life activities
(walking, hearing, seeing, etc);
Has a record of such an impairment; or
Is regarded as having such an impairment.
Qualified Individual with a Disability
(QID)
Individual with a disability who, with or without RA,
can perform the essential functions of the job in
question without endangering the health and safety
of him/herself or others
and
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who either meets the qualification requirements
or
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meets the appointment criteria under a special appointing
authority
QID continued…
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The Americans with Disabilities Act (ADA)
requires employers to provide adjustments or
modifications to enable people with
disabilities to enjoy equal employment
opportunities unless doing so would be an
undue hardship (i.e., a significant difficulty or
expense).
Accommodations vary depending on the
needs of an individual with a disability.
More about QID…
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Medical documentation may be requested if
there is a reasonable belief:
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The employee may be unable to perform their job;
They pose a direct threat to his/herself or others;
To justify the use of sick leave;
Or for reasonable accommodations.
What is a direct threat…
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A direct threat is a significant risk of
substantial harm to the health or safety of
the individual or others that cannot be
eliminated or reduced by reasonable
accommodations. Therefore an individual
assessment shall be completed.
What is the Interactive Process?
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Requires personal discussion between the
supervisor and the employee about the
accommodation needs.
Discussions should be in person when necessary.
Written communication alone is not satisfactory.
Requires an ongoing dialogue to keep employee
informed about the request.
A Reasonable Accommodation can be:
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Modifications or adjustments necessary to enable a
qualified individual with a disability to perform the
essential functions of the job
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Modifications or adjustments that enable employees
with disabilities to enjoy equal benefits and privileges
of employment (such as removing physical barriers
in an office)
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Modifications or adjustments to a job application
process
Supervisors and managers should be familiar with
the process for requesting a RA.
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Requests usually made to the first line supervisor
No special format or words to initiate process
Oral requests should be followed up with written request
Written requests should be done on form SSA-501
Requests can be made through the “reasonable
accommodation wizard” online
Reasonable Accommodation is not necessarily a one time
consideration.
Impairments can become more severe as people age,
requiring changes in the accommodation
http://co.ba.ssa.gov/ocreo/rawizard/index.htm
What if during any discussion with an employee
(performance, leave, conduct, etc.) there is mention of a
medical condition like “I’m stressed”?
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After the performance discussion, management should
explore RA
Management should engage in an “informal, interactive
process”
Determine specific limitations that exist
Determine how these limitations affect the employee’s
ability to do their job
Explore potential accommodations that may overcome
those limitations
Engage in on-going communication
DO NOT IGNORE
Denials of RA Requests
WHO Denies the Request?
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Level 1 DM’s in the field
OM’s in PCO
TSC Managers
Center Managers in MOS Components
Reasons for Denying a RA Request
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RA would impose an undue hardship on the
Agency
Requested accommodation unreasonable or
illogical
Employee not a “qualified individual with a
disability”
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If employee not a QID because cannot perform essential
job functions, Agency must consider reassignment to a
funded vacant position
Additional Considerations
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CREO staff must be consulted on all proposed
denials
Denials must be made in writing (CREO will
provide suggested language)
Copy of denial memo and supporting
documentation should be forwarded to CREO
Recordkeeping
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The regions have responsibility for tracking info
relating to RA requests and submitting it to
OCREO yearly
It is important that all finalized requests for RA,
including documentation and notices, be
mailed or faxed to the CREO staff.
Applies to all components for all RA requests,
including those approved at the local level
Does not include temporary adjustments
Temporary Adjustments?
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If a temporary adjustment is appropriate (broken
leg, chemotherapy, recovering from illness or
surgery, etc.), management must have written
documentation. This should include:
 Description of the temporary adjustment
 Begin date and end date
 Signature from management official and
employee
CREO is not usually involved but managers may
want to call for guidance in regards to evaluating
medical evidence
What if the employee requests an extension
of this temporary adjustment?
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Management should evaluate the request
If approved, again document everything in writing
Management should avoid situations where a
“temporary adjustment” becomes more
permanent
Consider a formal RA at this time
WORKERS’ COMPENSATION
What is it?
It is an injury or illness
caused by work factors.
“I’ve been having pain in my
forearm”
or
“I just fell but I think I’m
o.k.”
Do you know what to do?
WORKERS’ COMPENSATION
What do you do?
Advise your employee
that he/she has a right
to file a claim.
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Employee Can Work Limited Duty –
What is it?
Allowing an employee to work during the recovery
period after sustaining a work related injury or
illness:
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May be full-time work or less than
Likely that employee is not able to perform
essential functions of the position or, if able, may
be doing so for fewer hours per day
Usually, the employee’s medical condition has not
yet reached permanent and stationary status
meaning continued medical improvement is
anticipated
Does OWCP Limited Duty mean RA?
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NO.
Even if an employee with an occupational injury has
a "disability" as defined by a workers' compensation
statute, s/he may not have a "disability" for ADA
purposes.
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Limited duty may eliminate essential functions
but reasonable accommodation cannot. Usually
the adjustments are temporary until the individual’s
condition improves.