[nagdu] Federal Reasonable Work Accommodations

[Steven Johnson]

http://www1.va.gov/vhapublications/viewpublication.asp?pub_id=1677

viewpublication.asp?pub_id=1677

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Department of Veterans Affairs 
VHA DIRECTIVE 2008-022 
Veterans Health Administration   
Washington, DC 20420 
April 17, 2008
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REASONABLE ACCOMMODATION IN FEDERAL EMPLOYMENT 
1. PURPOSE: This Veterans Health Administration (VHA) Directive provides
policy 
promoting a model workplace for persons with disabilities. 
2. BACKGROUND 
a. Equal opportunity laws and the Department of Veterans Affairs (VA)
regulations prohibit 
discrimination based upon disability in all aspects of employment. This
policy enhances 
procedures to process allegations of discrimination on the basis of
disability. Executive Order 
13164, Requiring Federal Agencies to Establish Procedures to Facilitate the
Provision of 
Reasonable Accommodation, became effective on July 26, 2000. 
b. This policy promotes a model workplace which provides: 
(1) Reasonable accommodation for applicants with disabilities to obtain
Federal 
employment. 
(2) Federal employees with disabilities who can perform the essential
functions of a 
position, the opportunity to be placed in such a position. 
(3) Federal employees with disabilities, the right to enjoy benefits and
privileges of 
employment equal to those enjoyed by employees without disabilities. 
(4) Specific responsibilities for management officials. 
(5) The means to establish the basic requirements and procedures to ensure
compliance with 
all Federal mandates prohibiting disability discrimination in employment. 
3. POLICY: It is VHA policy that effective written procedures prohibiting
discrimination 
based on disability, consistent with VA policy for processing requests for
reasonable 
accommodation by employees and applicants with disabilities, must be
established by VHA 
Central Office and facility Directors. 
4. ACTION 
a. VHA Central Office Chief Officer, Workforce Management and Consulting
Office 
(10A2), Veterans Integrated Service Network (VISN) Directors, and facility
Directors. 
VHA Central Office Chief Officer, Workforce Management and Consulting
Office, VISN 
Directors, and facility Directors are responsible for: 
THIS VHA DIRECTIVE EXPIRES APRIL 30, 2013 
(1) Establishing a Reasonable Accommodation Committee (RAC). 
(a) The RAC may be composed of such individuals as the Human Resources
Selective 
Placement Coordinator, the Equal Employment Opportunity (EEO) Manager,
Employee 
Assistance Program Manager, a member of the behavioral sciences staff, a
practicing line 
supervisor, a chaplain, the Employee Health Physician, and a member of the
Regional Counsel 
(who needs to be available for consultation). 
(b) The RAC serves in an advisory capacity to the medical center Director,
or designee, and 
ensures that the reasonable accommodation process is conducted in a timely
manner. 
(c) Once an individual is determined to be an individual with a substantial
impairment by 
qualified medical staff, the RAC is responsible for: 
1. Determining whether the person is an individual with a disability under
the 
Rehabilitation Act, 
2. Determining whether the person is a “qualified” individual with a
disability under the 
Rehabilitation Act, and then 
3. Providing recommendations for a reasonable accommodation in consultation
with and in 
consideration of the employee’s suggested accommodations. 
NOTE: At the facility level, the final decision on all reasonable
accommodation requests is 
made by the medical center Director, or designee, in consultation with the
RAC. 
(2) Effective written procedures for processing requests for reasonable
accommodation of 
employees and job applicants with disabilities for employment. The written
procedures must 
ensure expeditious processing of requests to include the following: 
(a) An explanation of how an employee or job applicant may initiate a
request for reasonable 
accommodation either orally or in writing. 
(b) An explanation of how the request for reasonable accommodation is
processed, and from 
whom the individual will receive a final decision. 
(c) A designated time period to grant or deny the reasonable accommodation
request in the 
absence of extenuating circumstances. NOTE: Time limits are to be as short
as reasonably 
possible, 30 days or less. If an extension is needed, the RAC makes a
recommendation to the 
medical center Director, or designee, regarding the timeframe needed to
complete the 
assessment. 
(d) An explanation of the responsibility of the employee or job applicant to
provide 
appropriate medical information related to the functional impairment at
issue, and the requested 
accommodation where the disability or need for accommodation is not obvious.

(e) An explanation of the right to request the job applicant or employee
present supplemental 
medical information, if the information submitted does not clearly explain
the nature of the 
disability, or the need for the reasonable accommodation, or does not
otherwise clarify how the 
requested accommodation will assist the employee to perform the essential
functions of the job, 
or to enjoy the benefits and privileges of the workplace. 
(f) An explanation of the right to have the job applicant’s or employee’s
medical information 
reviewed by a medical expert of the agency's choosing at the agency's
expense. 
(g) A provision that reassignment or part-time employment will be considered
as a 
reasonable accommodation, if the agency determines that no other reasonable
accommodation 
will permit the employee with a disability to perform the essential
functions of the current 
position. 
(h) A provision that reasonable accommodation denials must be in writing and
specify the 
reasons for denial. 
(i) A provision that ensures the facility’s system of records tracks the
processing of requests 
for reasonable accommodation. The system of records must be designed to
ensure the 
confidentiality of all medical information, including the secure storage of
such information. 
Additionally, the established system of records must allow for periodic
summary data on 
accommodations requests. 
(j) A provision that encourages the use of alternate dispute resolution
(ADR), which allows 
individuals with disabilities to obtain prompt reconsideration of denials of
reasonable 
accommodation. Individuals with disabilities must be informed that they have
the right to file 
complaints in the EEO Discrimination Complaint process with the Office of
Resolution 
Management (ORM) and other statutory processes, if their requests for
reasonable 
accommodation are denied. 
b. VHA Program Officers and Supervisors. All VHA program officers and
supervisors 
must honor their obligations to notify collective bargaining
representatives, and to “bargain” 
over such procedures to the extent required by law. 
5. REFERENCES 
a. VA Directive 5975.1, Processing Requests for Reasonable Accommodation by
Employees 
and Applicants with Disabilities. 
b. Executive Order 13164, Requiring Agencies To Establish Procedures To
Facilitate the 
Provision of Reasonable Accommodation. 
c. Equal Employment Opportunity Commission (EEOC) Directives Transmittal
915.003 on 
Executive Order 13164: Establishing Procedures to Facilitate the Provision
of Reasonable 
Accommodation at: 
http://www.eeoc.gov/policy/docs/accommodation_procedures.html
 
d. EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship
Under 
the Americans with Disabilities Act at: 
http://www.eeoc.gov/policy/docs/accommodation.html
e. The Rehabilitation Act of 1973, Sections 501 and 508. 
f. The Disabilities Act of 1990. 
g. Title 29 United States Code (U.S.C.) Section 791. 
h. Title 29 Code of Federal Regulations (CFR) 1614. 
i. Notice 912.005. 
j. Executive Order 13164, Procedures for Providing Reasonable Accommodation
for 
Individuals with Disabilities. 
6. FOLLOW-UP RESPONSIBILITY: The Workforce Management and Consulting Office,

and the EEO/Affirmative Employment Team (10A2E) are responsible for the
contents of this 
Directive. Questions may be addressed to (202) 461-7290. 
7. RESCISSIONS: VHA Directive 2001-070 is rescinded. This VHA Directive
expires 
April 30, 2013. 
JMichael J. Kussman, MD, MS, MACP 
Under Secretary for Health 

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DISTRIBUTION: 
CO: 
E-mailed 4/18/2008  
 
FLD: 
VISN, MA, DO, OC, OCRO, and 200 – E-mail 4/18/2008 
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