SEC Accommodation Procedures

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1 SEC Accmmdatin Prcedures Office f Human Resurces SEC Disability Accmmdatin Prcess Accmmdatins enable peple with physical r mental disabilities t have access t emplyment pprtunities and public prgrams equivalent t that f nn-disabled peple. Accmmdatins include equipment and services, mdified wrk envirnments, lcatins and schedules and restructured jbs. Reassignment t a suitable vacant psitin is the accmmdatin f last resrt, available nly when n ther accmmdatins will wrk. Federal Law Requires Emplyers t Prvide Reasnable Accmmdatins t Qualified Persns with Disabilities The Rehabilitatin Act f 1973, as amended by the Americans with Disabilities Act Amendments Act, requires federal agencies t reasnably accmmdate qualified individuals with cvered disabilities. Reasnable accmmdatins d nt include accmmdatins that wuld cause undue hardship t the emplyer. Individuals have cvered disabilities if they have physical r mental cnditins that substantially impair their ability t perfrm majr life activities (such as seeing, hearing, walking and speaking). Individuals are nt disabled if their cnditins d nt substantially impair their ability t perfrm majr life activities when they are cmpared t mst ther peple in the general ppulatin. Individuals are nt disabled if their cnditin is likely t last less than three mnths regardless f hw severely it impacts their ability t perfrm majr life activities. Individuals are qualified when they meet the educatin, experience and licensing requirements f the psitin and can perfrm the essential functins f the psitin with--r withut--reasnable accmmdatins. SEC s Plicy and Prcedures Regarding Accmmdatins Requests SEC s plicy is t reasnably accmmdate qualified persns with disabilities cvered by the Rehabilitatin Act f 1973 when they request accmmdatins and accmmdatins will nt cause the SEC undue hardship. This dcument, Requesting Accmmdatins at SEC is a cmprehensive resurce guide fr everyne invlved in the accmmdatins prcess. It explains hw persns with disabilities shuld request accmmdatins, hw requests are prcessed and hw Requestrs may seek review f decisins denying requests. Emplyees with shrt-term medical cnditins are nt entitled t accmmdatins under the law because they d nt have cvered disabilities. Nevertheless, SEC prvides temprary accmmdatins t emplyees with shrt-term medical cnditins when supervisry fficials and the DPO decide that it is apprpriate t d s. 1

2 Answers t questins abut accmmdatins at SEC are available frm: Office f Human Resurces: Office f Equal Emplyment Opprtunity: Part 1: Hw t Request Accmmdatins Requests fr accmmdatins are statements made t SEC fficials by emplyees r applicants fr emplyment asking fr services r equipment r fr changes in wrk r in the emplyment applicatin prcess fr reasns related t medical cnditins. 1 A - Requestrs and Respnsible Officials in the Prcess Requests may be made by: Individuals with disabilities r temprary medical cnditins wh are SEC emplyees Applicants fr emplyment Members f the public Individuals acting n behalf f Individuals with disabilities Request may be made t: Disability Prgram Manager (DPM) r Officer (DPO) in OHR SEC supervisry fficials: Requestr s supervisr r management fficial in Requestr s chain f cmmand SEC Officials invlved in emplyment applicatin prcess SEC Officials respnsible fr public prgram r infrmatin 1 B - Recmmended Methds fr Making Requests Emplyees making requests t perfrm wrk r enjy wrkplace benefits send t the Office f Human Resurces designated Disability Prgram mailbx. Applicants making requests t participate in emplyment applicatin prcess use frm available n Members f public making requests t access SEC prgram use frm available n 1 C - Acceptable Methds Fr Making and Transmitting Requests Written requests 2

3 In any frmat ( preferred) T any respnsible fficial listed in Part I A Unwritten requests may be made during cnversatins with any respnsible fficial listed in Part 1 A in persn r by telephne. Dcumenting unwritten requests Requestrs wh make unwritten requests must fllw up as sn as pssible by cnfirming requests in t Assistance is available frm the DPM and SEC fficials if emplyee needs help t cnfirm request SEC fficials shuld immediately recrd unwritten requests they receive frm emplyees by sending describing request t Time limit fr prviding accmmdatins t Requestr Time limit begins t run frm day request is first made regardless f frm f request, s lng as emplyee r applicant asks an SEC supervisry fficial fr a change r adjustment in wrk r the applicatin prcess because f a medical cnditin. 1 D - When Accmmdatins will be Prvided n Recurring Basis Withut Requiring Repeated Requests Requests are nt necessary if emplyee has bth: 1. Disability knwn t SEC - bvius r previusly-dcumented disability and 2. Regular knwn recurring need fr accmmdatins Examples f recurring needs where repeated request nt necessary: Sign language interpreting at weekly r ccasinal staff meetings and fr training attended by Deaf r Hard-f Hearing emplyee fluent in sign language Captined training material, large print, etc. Reader services Upgrade f adaptive cmputer prgrams t make the prgrams cmpatible with new prgrams in general use within SEC Assistance during building evacuatin, shelter-in-place r ther emergency r drill Medical r disability accmmdatins fr business travel 3

4 Part 2: Infrmatin Usually Required t Prcess Request D nt submit dcumentatin f disability r medical cnditin with request - This nt part f minimum infrmatin required t make request fr accmmdatins. Requestrs shuld be prepared t submit medical infrmatin related t medical cnditin r disability if requested t d s by DPM. 2 A - Infrmatin frm Requestrs Cntact infrmatin: Requestr s name, , telephne r ther cntact infrmatin if Requestr cannt be cntacted at SEC at time f making request Cmmn name r nn-technical descriptin f disability r medical cnditin related t request shuld be prvided nly when making request t nt when making request t supervisr. Essential emplyment tasks r ther emplyment activities including benefits f emplyment that are adversely affected by functinal limitatins f cnditin Descriptin f accmmdatins r type f accmmdatins requested this may include request that DPM perfrm wrkplace assessment t identify reasnable accmmdatins Brief explanatin f hw requested accmmdatins wuld enable emplyee t perfrm essential jb functins, and /r enjy emplyment benefits 2 B - Frm Applicants t Participate in Emplyment Applicatin Prcess Cntact Infrmatin: Requestr s name and , telephne r ther means SEC may use t quickly cntact applicant abut request Accmmdatins Requested Fr Applicatin Prcess Descriptin f accmmdatins requested When accmmdatins are needed: Dates and times Where accmmdatins are needed: ffice address and rm number 2 C - Frm Members f Public r SEC Officials Fr Accmmdatins at SEC Public Prgrams Cntact Infrmatin: Requestr s name , telephne r ther means SEC s DPM may use t quickly cntact Requestr Descriptin f accmmdatins requested When accmmdatins needed (date and time) Where accmmdatins need (exact lcatin including address and rm number) Part 3: Additinal Infrmatin fr Prcessing Requests Minimum infrmatin listed in Part 2 is the nly infrmatin required t ntify SEC that an accmmdatin is being requested and t begin the prcess. Additinal infrmatin described in Part 3 4

5 may be required by DPM t evaluate the request. SEC has the right t request additinal infrmatin, including medical infrmatin frm emplyees. If Requestrs d nt prvide requested infrmatin t the DPM, their requests may be denied. Delay in prviding requested infrmatin may delay decisin n request; Requestrs shuld be prepared t prvide this infrmatin prmptly if DPM requests it. 3 A - Infrmatin abut Emplyee and Emplyment Emplyee Name Jb Title Office Name f immediate supervisr Office rm number Other lcatin(s) where accmmdatins may be needed (including telewrk lcatin) Preferred cmmunicatin r cntact methd TTY r text cell number address at SEC address at hme SEC Phne Persnal phnes: cell and / r landline Hme mailing address 3 B - Medical Infrmatin May Be Required t Prcess Request SEC has right t request medical infrmatin frm emplyees wh request accmmdatins. SEC DPM will determine whether medical infrmatin will be requested n a case-by-case basis. SEC will fllw the requirements f EEOC Guidance n Disability-Related Inquiries and Medical Examinatins f Emplyees. See als Part 5 F describing prcedures used by DPM if requesting Medical Infrmatin during the Interactive Prcess. Requestrs shuld be prepared t prvide infrmatin prmptly t avid a delay in DPO s decisin n request. Failure t prvide requested medical infrmatin may result in denial f requests. When medical infrmatin will nt be required: N medical infrmatin will be requested if disability r medical cnditin identified in emplyee s request is bvius r has already been sufficiently dcumented and effect f disability r medical cnditin n Requestr s emplyment is clear. 5

6 When medical infrmatin will be required: Medical infrmatin will be required if DPM r DPO need it t evaluate current medical cnditin r disability status f Requestr and/r the effectiveness f requested accmmdatins. Medical infrmatin r dcumentatin that may be required: Infrmatin related t request but nt cmplete medical recrds r infrmatin unrelated t request Nature, severity, and duratin f Requestr s impairment Activity r activities that impairment limits Extent f limitatin Why accmmdatins are required: what essential jb functins are affected by limitatin Hw requested accmmdatins will assist Requestr t apply fr a jb, perfrm a jb r enjy a benefit f emplyment Basis fr health prfessinal s medical cnclusin First request fr medical infrmatin will cntain: Descriptin f medical infrmatin needed Clear explanatin fr why it is needed Explanatin f ptential cnsequences if Requestr des nt prvide requested infrmatin Subsequent requests: If infrmatin prvided in respnse t request is inadequate t establish that Requestr has disability and needs requested accmmdatins, then DPM will: Explain why submitted dcumentatin is insufficient Identify infrmatin that is needed Explain ptential cnsequences if Requestr des nt prvide requested infrmatin Give Requestr pprtunity t prvide infrmatin Requestr s Delay r Failure t Prvide Requested Infrmatin Requestr s delay in prviding requested medical infrmatin will delay DPO s decisin and may delay prviding accmmdatins. 6

7 Requestr s failure t prvide requested medical infrmatin r t sign medical release may result in denial f request after emplyee has been given sufficient pprtunity t cmply with DPM s requests fr medical dcuments r access t related medical infrmatin but has nt cmplied with requests. Medical Release SEC has the right t ask Requestrs t sign a limited release t authrize their physicians r health care prfessinals t prvide relevant medical infrmatin and r recrds t medical experts chsen and paid fr by SEC. Medical examinatin f Requestr at ptin f SEC. If Requestr is still unable t prvide sufficient infrmatin after DPM has prvided required ntice and pprtunity t supplement deficient infrmatin, then DPO may ask Requestr t agree t be examined by a health care prfessinal chsen by SEC at SEC s expense. DPM will explain t Requestr that requests fr accmmdatins culd be denied if Requestr des nt agree t medical examinatin. Any medical examinatin will be limited t determining existence f a disability and/r functinal limitatins that require a reasnable accmmdatin. Any reprt f examinatin results will be made nly t DPM. Examined emplyee will receive a cpy f any reprt f examinatin results. SEC will bear expense f such examinatins. Cnfidentiality and Security f Medical Infrmatin All medical infrmatin is kept strictly cnfidential by DPM and DPO. Only gvernment fficials with a legitimate need t knw abut Requestr s medical status have access t medical infrmatin abut Requestr and any such fficial given access will be infrmed f the cnfidentiality requirements that apply t the infrmatin. Medical recrds are kept in lcked files and n secure cmputer systems with access limited t DPM and DPO and ther fficials with a need t have access t prvide accmmdatins, prepare reprts t the EEOC r prvide emergency treatment Medical recrds are nt kept in emplyee s fficial persnnel files. 3 C - Optinal Infrmatin abut Request Prvided by Requestr Any infrmatin that culd assist in acquisitin r installatin f requested accmmdatins in the frm f equipment may be submitted t DPM at time request made, during interactive prcess r after decisin is made. Equipment prvided may differ frm equipment requested. Optinal infrmatin may be requested but will nt be required. Optinal infrmatin prvided des nt limit SEC t acquiring any particular equipment r using any particular vendr fr services. Equipment Descriptin f equipment requested Mdel number r versin Name f vendrs with cntact infrmatin such as url, r phne 7

8 Services Detailed descriptin f services requested Dates n which intermittent services needed Names f vendrs with cntact infrmatin Furnishings r wrkspace mdificatins Dimensins required fr accessibility Turning radius f wheelchair r scter Height f wrk surfaces Dr pening hardware r mechanisms Other: Alternative surces f accmmdatins Names f vendrs with available stck and cntact infrmatin Part 4: Prviding Timely Accmmdatins Duty t prvide accmmdatins n time All SEC fficials invlved in prcessing requests and prviding accmmdatins will abide by time limits specified in these prcedures and will strive t prvide accmmdatins in shrtest pssible time. Time limits start t run n first day that any SEC fficial identified in Part 1 A receives request fr accmmdatin (whether r nt infrmatin is written dwn) frm Requestr r persn acting n behalf f Requestr. Date request made is nt affected by Requestr subsequently: dcumenting unwritten request r prviding ptinal r additinal infrmatin during interactive prcess. Date accmmdatins prvided Fr each request, the accmmdatin is prvided n the date Requestr receives equipment r services r supervisr has implemented mdificatins t terms and cnditins f emplyment. Examples include date n which: equipment is delivered, installed and perable, structural changes are cmpleted, first day training is apprved r prvided, jb mdificatin takes effect, services are available t Requestr (even if Requestr des nt use services immediately). 4 A - Standard Practice: Accmmdatins are prvided as sn as practicable and within twenty (20) business days frm date request is made unless exceptins described in Part 4 B apply Accmmdatins are prvided as sn as practicable and within maximum time limit fr applicable circumstances as determined by DPM r DPO. 8

9 DPM and ther SEC fficials with respnsibilities fr prcessing accmmdatin requests and prviding accmmdatins will take reasnable steps t ensure that their temprary absence will nt delay prviding accmmdatins. 4 B - Exceptins Affecting Time t Prvide Accmmdatins 1. Special Circumstances: Accmmdatins Expedited Prvided within fur business days if requested fr: Applicants t apply fr emplyment Emplyees t attend meetings r training fr which emplyees had less than twenty days ntice Emplyees t receive medical attentin r ther assistance during an emergency 2. Extenuating Circumstances: mre than twenty (20) days needed Extenuating circumstances are limited situatins in which unfreseen r unavidable events prevent SEC frm prviding accmmdatins within twenty business days. Temprary accmmdatins will be prvided if pssible until requested accmmdatins can be prvided. Examples f extenuating circumstances affecting decisin n request: Required infrmatin has been requested by DPM during the interactive prcess and either has nt been prmptly prvided by Requestr r is incmplete r nt what was requested. Medical infrmatin requires extensive review by medical prfessinal chsen by SEC. Examples f extenuating circumstances affecting prvisin f accmmdatins after request is granted because accmmdatins invlve Purchasing equipment r cntracting fr new services where satisfying requirements under Federal Acquisitin Regulatin may take lnger than 15 business days Back-rdering equipment that is nt currently available in stck Lcating a new vendr when vendr SEC has used fr equipment r services has unexpectedly gne ut f business, r cannt prmptly supply needed gds r services and anther vendr is nt immediately available Wrking with equipment r cmputer prgrams r services n a trial basis t determine whether they meet needs f Requestr and requirements f SEC befre they are purchased r leased Hiring new staff t prvide services Making significant changes in cnfiguratin f space within a building t remve architectural barriers r therwise accmmdate Requestr 9

10 Part 5: Interactive Accmmdatin Prcess 5 A. First Step If recipient is supervisry fficial recipient will: Send ntice acknwledging receipt Recrd date f request Cnsult DPM Ntify next level supervisr Infrm Requestr that if medical infrmatin is necessary t supprt request, DPM will cntact Requestr directly Supervisry fficials shuld send any medical dcuments emplyee Requestrs d give them t DPM - withut reading r cpying them paper recrds shuld be transmitted in a sealed envelpe marked CONFIDENTIAL T Be Opened Only by Disability Prgram Manager If recipient is DPM r DPO recipient will: Send ntice acknwledging receipt Recrd date f request in applicable database Cnsult with supervisry fficial invlved in request Infrm supervisry fficials f their respnsibilities. If emplyee makes request recipient will send acknwledgment ntices and take actins described abve. If anyne ther than persn t be accmmdated makes request recipient will: Attempt t cntact Requestr r applicant directly t cnfirm that he r she has authrized the request fr accmmdatins befre prceeding Prceed t prcess request if emergency situatins prevent cntact with Requestr (fr example, emplyee is hspitalized in acute cnditin at time f request), and cnsult with emplyee as sn as pssible. Other circumstances If applicant fr emplyment makes request recipient will prvide accmmdatins withut requesting medical infrmatin. 10

11 If member f public makes request recipient will ntify DPM. DPM will apprve accmmdatins unless request wuld cause undue hardship t SEC. DPO has authrity t determine whether member f public shuld prvide medical infrmatin. If Request is made by SEC Official t make SEC prgram accessible t disabled members f public recipient will cnsult DPM fr any infrmatin needed t prvide accmmdatins. 5 B - General Infrmatin abut Ntices and Other Cmmunicatins Ntices may be sent by r ther effective methd t Requestr r persn wh made request n behalf f Requestr and Supervisr r ther respnsible fficials. If Requestr ntifies SEC f need fr accessible frmat, ntices will be sent in an accessible frmat. Electrnic ntices will cmply with Sectin 508 f the Rehabilitatin Act. Ensuring Cnfidentiality All SEC Officials invlved in accmmdatins request prcess will take reasnable steps t ensure that ntices will nt be delivered t, nr read by, persns wh d nt have a need t knw abut infrmatin in ntices in rder t evaluate requests r prvide accmmdatins. 5 C - Ntices t Requestrs at Beginning f Prcess If ntice is sent t acknwledge receipt f request it will cntain: Date request made Date by which accmmdatins will be prvided unless extenuating circumstances exist Reference r link t Accmmdatins Prcedures n SEC Intranet If ntice is sent t infrm applicants fr emplyment f status f request it will cnfirm that accmmdatins will be prvided fr applicatin prcess n date requested. If ntice is sent t infrm Requestr f extenuating circumstances it will cntain: Descriptin f extenuating circumstances Apprximate date by which accmmdatins will be prvided if apprved Develpments r changes in status f pending request (if any) affecting date by which DPM expects accmmdatins t be prvided. 5 D - Deciding Official fr Emplyee Requests Is Identified 1. General Authrities Disability Prgram Officer (DPO) has authrity t: Determine Requestr s medical r disability status Decide what accmmdatins shuld be prvided under the circumstances 11

12 Recmmend temprary accmmdatins Delegate respnsibilities t DPM Direct SEC fficials t prvide apprved accmmdatins Disability Prgram Manager (DPM) is delegated authrity by the DPO t: Request and evaluate sufficiency f cnfidential medical infrmatin Cnduct interactive prcess with identified participants Grant extensins Apprve rutine requests Make referrals t ther OHR prgrams Make recmmendatins t DPO related t decisins granting r denying requests Supervisry fficials have authrity t: Prvide temprary accmmdatins after cnsulting with DPM Participate in the interactive prcess Supervisry fficials d NOT have authrity t: Request r receive medical infrmatin Disclse prtected cnfidential infrmatin Determine emplyee s medical r disability status Deny accmmdatin requests 2. Deciding Official Depends n Requested Accmmdatins Leave - Generally Emplyees may request leave as accmmdatins fr their wn disabilities r medical cnditins when they expect t return t wrk and be able t perfrm essential functins f current psitins. In apprpriate cases, leave in excess f the leave available under the Family Medical Leave Act may be prvided as reasnable accmmdatins fr emplyees disabilities. Leave prvided may be paid r unpaid depending n whether emplyees have paid leave available. Supervisry fficials may agree t prvide requested leave as accmmdatins after cnsulting with DPM. If supervisry fficials d nt agree t prvide leave as accmmdatin, DPO will decide request after cnsulting with supervisry fficial and Requestr. 12

13 Leave requested under the Family Medical Leave Act (FMLA) Emplyees may request leave under Family Medical Leave Act fr their wn serius health cnditin r fr the cvered cnditins f family members. Requests fr leave shuld be handled in accrdance with SEC s FMLA prcedures when Requestr: Is eligible fr FMLA-prtected leave and has nt exhausted FMLA-prtected balance Has a serius health cnditin that is nt a cvered disability Des nt have medical cnditin r disability and is requesting leave t care fr family member with disability r serius health cnditin Has specifically requested leave under Family Medical Leave Act and nt as an accmmdatin fr disability Mdifying Terms and Cnditins f Emplyment Accmmdatins related t terms and cnditins f emplyment shuld help Requestr meet existing standards fr perfrmance and cnduct. Accmmdatins d nt include lwering perfrmance standards r excusing miscnduct Examples f terms and cnditins accmmdatins include mdificatin f duties r assignments, change in schedule and/r wrk lcatin (telewrk). Supervisry fficials may agree t requested accmmdatins after cnsulting with DPM r Officer. If supervisry fficials d nt agree t prvide accmmdatins, then request fr accmmdatins will be evaluated and decided by DPO. DPM r DPO will discuss requests with supervisry fficials and with Requestrs befre making decisins. Requiring Acquisitins Acquisitins include purchase r lease f equipment, furnishings r services and structural alteratin f leased facilities. Supervisry fficials d nt have authrity t decide these requests, but they may make recmmendatins t DPM. DPM will evaluate and decide mst f these requests in cnsultatin with ffices respnsible fr prviding the equipment r services. Accmmdatin Services include Sign Language Interpreting, Disability Supprt Services, Assistive Infrmatin Technlgy equipment and training. Nncmpetitive Reassignment f Qualified Emplyee Reassignment is available nly if the DPO determines that n reasnable accmmdatins will enable emplyee t perfrm essential functins f current psitin. DPO will evaluate and decide request, including availability f ther accmmdatins that wuld enable emplyee t perfrm essential functins f current psitin. 13

14 If DPO determines that nncmpetitive reassignment will be ffered as an accmmdatin, then prcedures in Part 15 will be fllwed t identify any suitable available vacant funded psitins Requestr is qualified t perfrm with r withut accmmdatins. Temprary Accmmdatins Supervisry fficials have discretin t prvide temprary accmmdatins fr up t three mnths after cnsulting with DPM. Requestr may be required t prvide medical infrmatin abut cnditin t DPM. 5 E - Prcedures fr Decisin by DPO Evaluating request is an interactive prcess invlving DPM, Requestr and Supervisry fficials. DPM shuld talk t Requestr and supervisry fficials t make sure that there is a full exchange f infrmatin and clear cmmunicatins. Extensive discussins are nt necessary when disability, need fr accmmdatins and type f accmmdatins that shuld be prvided are clear. DPM determines whether additinal infrmatin is required. DPM will review all infrmatin prvided by emplyee, including any relevant infrmatin already n file with the DPM t determine whether additinal infrmatin is required and if s what additinal infrmatin is required. 5 F - Medical infrmatin DPM will determine whether medical infrmatin is necessary 1. Medical infrmatin will NOT be Necessary When Requestr has bvius disabilities and clear needs fr requested accmmdatin r previusly prvided DPM sufficient infrmatin t dcument existence f nging disability and assciated functinal limitatins. 2. Medical infrmatin WILL be Necessary When: Requestr des nt have an bvius disability and has nt previusly dcumented disability status at SEC; Nature f Requestr s disability r medical cnditin suggests that it may have changed substantially since Requestr mst recently dcumented it; r Relatinship between disability r medical cnditin and requested accmmdatins is nt clear. 3. If Mre Medical Infrmatin is Necessary DPM will: Infrm emplyee f SEC s right t request the infrmatin (including medical infrmatin) and the cnsequences f failing t prvide it Explain t Requestr why it is needed Ask Requestr r ther apprpriate individuals t prvide it 14

15 Fllw prcedures t prtect Requestr s privacy interests when medical infrmatin is requested 4. Limited Access t Medical Infrmatin DPM will ntify Requestr s supervisry fficials f Requestr s disability status, but nt the disability r medical cnditin supprting the designatin. DPM will prvide infrmatin abut functinal limitatin(s) t Requestr s supervisr and ther individuals wh need t knw it s that they can prvide accmmdatins r assist Requestr during an emergency. Infrmatin abut Requestr s disability status r medical cnditin may be prvided t medical experts chsen by SEC with a valid signed limited release frm Requestr. Medical infrmatin will nt be cnveyed t anyne ther than thse with need t knw and all wh have access will be infrmed in writing f the cnfidentiality requirements that apply t medical infrmatin. Part 6: DPO Decides Request 6 A - Decisins Granting Requests fr Accmmdatins DPM Ntifies Requestr and supervisry fficial that Accmmdatins will be prvided Cntent f Ntice Based n Outcme 1. Requested Accmmdatins Granted DPO r DPM decides t grant accmmdatins initially requested r Requestr agrees t accept alternatives t requested accmmdatins prpsed during the interactive prcess Ntice f Emplyee s Respnsibilities Requestr must ntify DPM f Date accmmdatins received (except fr recurring accmmdatins) Any changed circumstances that require change in accmmdatins Requestr must fllw specified prcedures fr reslving prblems with accmmdatins 2. Alternative t Requested Accmmdatins Granted If Requestr des nt agree t alternative accmmdatins during interactive prcess, emplyee may pursue rights listed in Ntice f Rights. If Requestr agrees t alternative accmmdatins during interactive prcess, then decisin is ne t grant requested accmmdatins. Cntent f Ntice Cncerning Alternative Reasnable Accmmdatins Finding that Requestr is individual cvered by Rehabilitatin Act 15

16 Descriptin f alternative reasnable accmmdatins t be prvided Specific reasns why alternative accmmdatins will be prvided instead f requested accmmdatins Expected date by which alternative accmmdatins will be prvided (based n circumstances knwn at time f decisin) Identify wh will be respnsible fr prviding accmmdatins Requestr s respnsibility fr ntifying DPM that accmmdatins have been prvided Instructins abut what t d if prblems are encuntered with accmmdatins after they have been prvided 3. Nncmpetitive Reassignment t Suitable Available Vacancy This is the accmmdatin f last resrt available nly when DPO finds that n ther reasnable accmmdatin is available and a suitable funded vacancy is available. Cntent f Ntice Cncerning Nncmpetitive Reassignment Finding that Requestr is cvered under Rehabilitatin Act Finding that n reasnable accmmdatin is available t permit Requestr t perfrm essential functins f his r her present psitin withut undue hardship t SEC Cpy f Nncmpetitive Reassignment f an Emplyee as Reasnable Accmmdatin Request fr infrmatin frm emplyee abut current qualificatins and any limitatins emplyee wuld like placed n search fr suitable vacancy Descriptin f temprary accmmdatins t remain in place while SEC searches fr apprpriate available vacant psitin t which emplyee may be nncmpetitively reassigned Explanatin f adverse cnsequences, including separatin frm emplyment, that culd result if emplyee declines ffer f reassignment and remains unable t perfrm essential functins f current psitin with r withut accmmdatin 4. Temprary Accmmdatins Temprary accmmdatins may be prvided until reasnable accmmdatins are prvided where extenuating circumstances exist. When apprpriate, temprary accmmdatins may be prvided t emplyees wh d nt have disabilities cvered by Rehabilitatin Act f 1973, as amended by the Americans with Disabilities Act Amendments f Emplyees must adequately dcument medical cnditins related t requested accmmdatins. Supervisry fficials in Requestr s chain f cmmand after cnsultatin with OHR must agree that temprary accmmdatins shuld be prvided. 16

17 Prviding temprary accmmdatins des nt mean that emplyee has a disability r is entitled t reasnable accmmdatins as a matter f law. Cntent f Ntice Cncerning Temprary Accmmdatins Prvided t Requestrs wh d nt have Disabilities Finding that Requestr des nt have disability under Rehabilitatin Act f 1973 and is nt entitled t reasnable accmmdatins Explanatin that SEC has decided t prvide temprary accmmdatins based n medical cnditin Descriptin f temprary accmmdatins Ntice that temprary accmmdatins are subject t change at the ptin f supervisry fficials r DPO Ntice that Requestr may make new request fr reasnable accmmdatins under Rehabilitatin Act if circumstances change s that Requestr s medical cnditin becmes a cvered disability 6 B - Decisins Denying Requests fr Accmmdatins DPM Ntifies Requestr and supervisry fficial that accmmdatin will nt be prvided 1. Cntent f Final Decisin Denying Request Ntice that accmmdatins will nt be prvided Ntice f Rights DPO s reasns fr decisin t deny accmmdatins request must be clearly explained Reasns fr denial may include ne r mre f fllwing Requestr has nt established that Emplyee s medical cnditin is a cvered disability, Emplyee is qualified fr current psitin and Requested accmmdatins will enable emplyee t perfrm essential functins f current psitin Requested accmmdatins wuld require lwering prductin standards r remving an essential jb functin Requested accmmdatins wuld cause undue hardship t SEC and n ther reasnable accmmdatins are available that wuld nt cause undue hardship t SEC 17

18 2. Ntice f Rights Cncerning Final Decisin Denying Request Requestrs dissatisfied with decisin denying accmmdatins request have the right t: Ask DPO t recnsider final decisin Recnsideratin request must be received by DPM within five business days after Requestr receives final decisin In recnsidering request, DPO will cnsult with DPO s immediate supervisr Requestr will receive written decisin n request fr recnsideratin will be sent t Requestr within fifteen (15) business days frm date recnsideratin request was received Requesting recnsideratin des nt affect any time limits fr pursuing ther available administrative remedies Cntact an EEO Cunselr r EEO Office t seek mdificatin f DPO s decisin by pursuing the EEO administrative cmplaint prcess Cntact must be made within 45 calendar days f receiving DPO s final decisin whether r nt request fr recnsideratin is made t DPM Access applicable SEC Grievance Prcedure Bargaining unit emplyees may file a grievance in accrdance with article 32 f the Cllective Bargaining Agreement Infrmatin abut hw t access prcedure and applicable time limits File an appeal with the Merit System Prtectins Bard within thirty days f an appealable adverse actin as defined in 5 CFR (if available) Part 7: Prviding Accmmdatins Officials respnsible fr prviding accmmdatins DPM Supervisry fficials in Requestr s chain f cmmand SEC technical emplyees r cntractrs respnsible fr prviding r installing equipment and services Time limits fr prviding accmmdatins - See Part 4 Timely Accmmdatins 18

19 Part 8: Maintaining Accmmdatins 8 A - Requestr r Requestr s Supervisr must ntify DPM prmptly if prblems are encuntered with accmmdatins prvided such as: Delay in delivery f equipment r services Unsatisfactry services prvided by vendr Emplyee needs training t use equipment Upgrade r replacement f equipment needed Mdificatin f services required A significant change ccurs that affects need fr accmmdatins Changes in disability status r medical cnditin f Requestr Changes in essential jb functins 8 B - Persns wh shuld ntify DPM depend n the prblem encuntered Requestr (emplyee receiving accmmdatins) Requestr s supervisry fficials SEC technical emplyees r cntractrs respnsible fr prviding r installing accmmdatins 8 C - DPM will attempt t reslve prblems immediately by discussing prblems with Requestrs and supervisrs and then wrking with respnsible fficials t d any f the fllwing depending n the circumstance: Prvide temprary alternate accmmdatins until prblems are reslved Acquire different equipment Repair r replace equipment Upgrade sftware Recnfigure space Find new vendr where services are unsatisfactry Cntract fr evaluatins f accmmdatins prvided 19

20 Part 9: Statutry and Cllective Bargaining Rights These accmmdatins prcedures are in additin t any applicable statutry and cllective bargaining prtectins fr persns with cvered disabilities and the remedies they prvide fr the denial f requests fr reasnable accmmdatin. Requirements fr initiating such claims remain the same. Part 10: Rights and Respnsibilities f Requestrs During Request Prcess Requestrs have right t assistance frm DPO r supervisry fficials if assistance is needed t make a request. When Requestr s need fr assistance t make request is nt apparent, Requestr must ask supervisry fficial r DPO fr assistance Requestrs must prmptly ntify DPO f any changes in disability status r medical cnditin affecting pending request After accmmdatins are received: Requestrs must ntify DPO when accmmdatins are received Exceptins: Ntice is nt required fr recurring accmmdatins such as sign language interpreters, captining, large print, etc. Reslving prblems: Emplyees must fllw prcedures established fr reslving prblems with accmmdatins they have received. DPM will ntify emplyees receiving accmmdatins f any such prcedures. Changed circumstances affecting accmmdatins prvided: Requestrs wh have received accmmdatins must ntify DPM prmptly f any changed circumstances that require a change in accmmdatins. Requestrs wh n lnger need accmmdatins due t changed circumstances, must prmptly ntify their supervisrs and DPM. Part 11: Overview Fr Supervisry and Other Respnsible Officials SEC fficials play a critical rle in the Cmmissin s prgram t accmmdate persns with disabilities and temprary medical cnditins. This sectin cntains the basic infrmatin SEC fficials shuld knw abut their respnsibilities. It cntains references t reliable surces f infrmatin abut accmmdating peple with disabilities. Recmmended resurce materials and legal infrmatin available n the web: Equal Emplyment Opprtunity Cmmissin U.S. Department f Labr s Office f Disability Emplyment Plicy 20

21 JAN - Jb Accmmdatin Netwrk (V/TTY) SEC fficials wh have any questins abut these guidelines r wh are nt sure whether they apply t an emplyee s request, shuld immediately cntact 11 A - Respnsible Officials at SEC If Requestr is an emplyee then respnsible fficials include Requestr s immediate supervisr and ther supervisrs in the same chain f cmmand, including the Office Head r Divisin Directr. If Requestr is an applicant fr emplyment, respnsible fficials include selecting fficials, fficials invlved in interviews and fficials in OHR with respnsibility fr the applicatin prcess. 11 B - Resurces at SEC fr Respnsible Officials DPM OHR has extensive expertise in evaluating accmmdatins requests and prviding a brad range f accmmdatins t persns with disabilities. DPM is available as a surce f infrmatin and guidance n these prcedures. The SEC Office f Equal Emplyment Opprtunity accepts cmplaints f failure t prvide reasnable accmmdatin and failure t cmply with nn-discriminatin prvisins f the Rehabilitatin Act f 1973, as amended. 11 C - Basic Infrmatin SEC Officials Shuld Knw abut Accmmdatins Accmmdatins enable Requestrs with disabilities r medical cnditins t: Perfrm the essential functins f their jbs Enjy benefits f emplyment, such as training prgrams, recreatin facilities and ffice scial functins Apply fr SEC emplyment Access public prgrams Accmmdatins include: Equipment and services Mdified wrk envirnments, lcatins and schedules Restructured jbs Reassignment when n ther accmmdatin will wrk Accmmdatins d NOT include: Lwering perfrmance standards 21

22 Excusing miscnduct Remving any essential functin f Requestr s current jb Requests fr accmmdatin are nt always easy t recgnize: Requests fr accmmdatin can be made in a cnversatin. Requestrs are nt required t fill ut an SEC frm r use the wrds reasnable accmmdatin r disability t start accmmdatins request prcess. Requests may be made n behalf f an emplyee r applicant by a third persn, including but nt limited t a family member, vcatinal cunselr r representative. Under sme circumstances requests are nt required: Emplyees with knwn disabilities and regular recurring needs fr accmmdatin, such as sign language interpreter services r captined material, shuld be accmmdated as a matter f curse whether r nt they have specifically requested the accmmdatin. Supervisrs are respnsible fr arranging fr these accmmdatins withut waiting fr a request. Initial steps t take when accmmdatins are requested Explain that Requestr shuld nt prvide medical infrmatin t supervisr Send an describing request t with a cpy t Requestr r Requestr s representative (such as a family member r unin steward). Knw the time limits fr prviding accmmdatins Accmmdatins shuld be prvided as sn as needed r as sn as practicable and within a maximum f: Fur (4) business days frm date f initial request in special circumstances Twenty (20) business days frm date f initial request unless limited extenuating circumstances are identified by DPM See Part 4B. If accmmdatins are requested by third party Cntact emplyee r applicant (as sn as pssible) Cnfirm that emplyee r applicant is aware f request and wants requested accmmdatins Prvide infrmatin abut hw t request accmmdatins t persn acting n behalf f emplyee r applicant and t emplyee r applicant tell them t send requests t Accmmdatins related t terms and cnditins f emplyment Accmmdatins related t terms and cnditins f emplyment shuld help emplyee meet existing standards fr perfrmance and cnduct applied t ther emplyees in Requestr s psitin. Supervisry fficials may agree t prvide certain kinds f accmmdatins related t terms and cnditins f emplyment after cnsulting with DPM r DPO. 22

23 Examples f terms and cnditins accmmdatins include: Mdificatin f duties r assignments Change in Requestr s schedule r wrk lcatin, and leave Temprary Accmmdatins (see belw) Temprary Accmmdatins Offer temprary accmmdatins after cnsulting with DPO r DPM if: Requestr asks fr them and yu agree r Yu think it is apprpriate t prvide them even if nt requested Temprary accmmdatins include: Accmmdatins r wrkplace flexibilities fr up t three (3) mnths fr temprary medical cnditins Reasnable accmmdatins prvided frm date f request fr accmmdatins fr disability t date f final decisin n request when interactive prcess will exceed twenty business days Alternative reasnable accmmdatins t be used temprarily when extenuating circumstances will delay availability f equipment r services DPO r DPM has apprved Reprting n accmmdatins prvided Ntify DPM at f Temprary accmmdatins yu have prvided r plan t prvide Changes in essential jb functins affecting an emplyee s need fr accmmdatins Difficulties with accmmdatins, such as unsatisfactry services r defective equipment Part 12 - Accmmdatins Infrmatin Tracking Frm This frm sectin is retired pending transitin t autmated tracking system. Part 13 - Terms Defined and Organizatins Identified A. Disability Laws: Americans with Disabilities Act (ADA) and the Rehabilitatin Act f 1973, as amended by the ADA Amendments Act f Titles I and V f the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act f 2008, prhibit discriminatin by private emplyers n the basis f disability in all emplyment practices. 23

24 The federal gvernment is cvered by the Rehabilitatin Act f 1973, as amended, which incrprates the definitins, legal standards and nn-discriminatin requirements f the ADA, including the requirement t reasnably accmmdate qualified individuals with disabilities. B. EEOC U.S. Equal Emplyment Opprtunity Cmmissin is the federal agency respnsible fr interpreting this and ther federal EEO laws. These prcedures were develped in accrdance with EEOC guidelines ( C. Essential Functins Jb duties s fundamental t psitin at issue that ne cannt d that jb withut perfrming them are essential functins. A functin can be "essential" if: Psitin held by Requestr exists specifically t perfrm that functin; There are a limited number f ther emplyees wh culd perfrm functin; r Functin is specialized and individuals are hired based n their ability t perfrm it. Determinatin f essential functins f a psitin must be made by the DPO n a case-by-case basis s that determinatin reflects jb as actually perfrmed, nt simply cmpnents f a generic psitin descriptin. D. Functinal Limitatins Limits n an individual s ability t perfrm functins, such as ability t walk, see, hear, lift, grasp, stand, speak, cncentrate, activities f daily life, etc. Nte: describing an individual s functinal limitatin is nt same as identifying underlying cause f limitatin r prviding medical infrmatin. Infrmatin abut functinal limitatins will be available t SEC fficials when needed t prvide accmmdatins r assistance during emergencies. E. Qualified Individuals Individuals are qualified fr psitins if they: Satisfy requisite skill, experience, educatin, and ther jb-related requirements f psitins; and Can perfrm essential functins f psitins, with r withut reasnable accmmdatins. F. Reasnable Accmmdatins Reasnable Accmmdatins ( accmmdatins ) are changes in wrk envirnments r in the way wrk and ther activities are custmarily dne that: 24

25 Enable qualified individuals with disabilities t enjy emplyment pprtunities equal t thse f qualified individuals withut disabilities and D nt create an undue hardship n emplyer G. Reassignment (Nn-cmpetitive Placement) See Prcedures fr Nncmpetitive Reassignment in Part 15. Reassignment is a frm f reasnable accmmdatin that, absent undue hardship, is prvided t emplyees (nt applicants) wh, because f cvered disabilities, can n lnger perfrm essential functins f their current jbs, with r withut reasnable accmmdatins. Nncmpetitive reassignments are made nly t suitable and available vacant psitins fr which disabled emplyees are qualified. If emplyees are qualified fr psitins, they will be reassigned and will nt have t cmpete fr psitins. If emplyees decline apprpriate ffers f reassignment made in accrdance with Part 15 f these prcedures, SEC has satisfied its duty t accmmdate them. H. Undue Hardship If requested accmmdatins wuld cause undue hardship t the agency, then SEC des nt have t prvide them, but SEC may be required t prvide alternate reasnable accmmdatins such as leave r reassignment. Determinatin f undue hardship is made by DPO in cnsultatin with DPM and supervisry fficials. Undue hardship factrs cnsidered include: Adverse impact accmmdatins will have n peratins f agency Adverse impact accmmdatins will have n senirity rights under the cllective bargaining agreement Applicable laws prhibiting requested accmmdatin I. Undue Hardship and mnetary cst f prviding equipment r services The cst r expense f a requested accmmdatin rarely if ever creates an undue hardship given the verall budget f the agency. Relative cst is a legitimate reasn fr prviding different reasnable accmmdatins frm thse requested. Part 14: Requesting Equipment r Services 14 A T Request Cmputer / Electrnic Accmmdatins send request t 25

26 14 B - T Request Sign Language Interpreter Services send request t Part 15: Nncmpetitive Reassignment f Emplyee t Available Vacant Psitin as Reasnable Accmmdatin f Last Resrt Nncmpetitive reassignment is ffered nly when DPO determines that n reasnable accmmdatin will enable Requestr with cvered disability t perfrm essential functins f current psitin and SEC has a suitable available vacant psitin. SEC is nt required t create new psitin fr nncmpetitive reassignment First ntice t emplyee and supervisry fficials frm DPM: DPO has fund that: Emplyee has cvered disability and N reasnable accmmdatin will enable emplyee t perfrm essential functins f current psitin SEC will search t identify a suitable available vacant psitin in accrdance with these prcedures. Nncmpetitive reassignment will be ffered nly if a suitable available vacant psitin is identified Cpy f these prcedures will be attached. Criteria fr suitable psitin Emplyee: Currently satisfies requisite skill, experience, educatin and r jb-related requirements f identified vacant psitin Is able t perfrm essential functins f identified psitin with r withut reasnable accmmdatins Hlds psitin at r abve grade level f psitin Criteria fr available psitin SEC: Has decided t fill and fund vacant psitin Has nt made uncnditinal ffer f emplyment in that psitin t an individual wh has nt yet accepted ffer 26

27 Initiating search DPM will ntify OHR staffing grup that search fr suitable available vacant psitin t accmmdate emplyee with a disability is required. OHR Directr r designee will appint OHR fficial t cnduct search. Cnducting search OHR fficial cnducting search will: Ask emplyee t prvide infrmatin abut: Current qualificatins Any limits emplyee may want placed n the search in terms f areas r grade levels Ask emplyee s supervisr t prvide infrmatin abut emplyee s current psitin Begin search within fur business days f receiving infrmatin frm emplyee Search fr psitins meeting established criteria and as equivalent t emplyee s current psitin as pssible Use due diligence in cnducting search Dcument search effrts and results Search parameters and rder t find equivalent psitin based n grade level and lcatin OHR fficial cnducting search will search first fr psitins meeting established criteria: At emplyee s current grade level In emplyee s current ffice r divisin In emplyee s current cmmuting area Within areas specified by emplyee (if any) Cmmissin-wide (unless emplyee has infrmed fficial cnducting search in writing that emplyee will nt relcate r will relcate nly t certain identified areas) If n psitin identified at emplyee s grade level, OHR fficial will search next fr psitins meeting established criteria and at next grade level belw emplyee s current grade level in rder listed abve. If n psitin is identified at next lwer grade level, search will cntinue as abve including lwer grade levels in descending rder. 27

28 Search will terminate when: A suitable available vacant psitin is identified r n suitable available vacant psitin is identified after diligent search has been cnducted fr fur full pay perids whichever first ccurs. See belw fr required reprt describing search. When vacancies meeting search criteria identified OHR Official cnducting search will immediately: Infrm SEC fficials respnsible fr filling identified psitins that they must be held pen fr fifteen (15) business days t cmply with requirements f federal law Prvide infrmatin abut identified psitins t DPM Evaluatin f identified vacancies DPO will determine whether identified psitins are suitable based n: 28 Written infrmatin abut psitins and discussin with SEC selecting fficials Unsuitable identified psitins DPO will ntify OHR fficial cnducting search and OHR fficial will ntify selecting fficials that identified psitin need nt be held pen and may be filled cmpetitively Suitable identified psitins DPO will ntify OHR fficial cnducting search, emplyee, emplyee s current supervisr and SEC selecting fficials that psitin will be ffered nn-cmpetitively t emplyee with disability. If mre than ne identified psitin is suitable, DPO will decide which psitin will be ffered nncmpetitively t emplyee and give ntice as abve OHR staffing will prepare ffer f nn-cmpetitive reassignment Offer f nncmpetitive reassignment Offer t emplyee will include: Infrmatin abut psitin Lcatin Pay Essential functins t be perfrmed Other significant infrmatin abut psitin such as whether it requires frequent r ccasinal travel, invlves strenuus physical activity r is sedentary, etc. Infrmatin abut SEC selecting fficial wh can be cntacted by emplyee if emplyee wants t discuss psitin with them befre making decisin

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