[nagdu] Federal Reasonable Work Accommodations

Tue Jun 12 18:22:35 UTC 2012

Steve,
    Thanks so much for sending this information out. It is very helpful to 
have it from the source! It seems to support what has been shared on this 
list!

Fraternally yours,
Marion

----- Original Message ----- 
From: "Steven Johnson" <blinddog3 at charter.net>
To: "NAGDU Mailing List, the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Tuesday, June 12, 2012 6:46 AM
Subject: [nagdu] Federal Reasonable Work Accommodations

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

viewpublication.asp?pub_id=1677

table with 2 columns and 3 rows
Department of Veterans Affairs
VHA DIRECTIVE 2008-022
Veterans Health Administration
Washington, DC 20420
April 17, 2008
table end

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

table with 3 columns and 2 rows
DISTRIBUTION:
CO:
E-mailed 4/18/2008

FLD:
VISN, MA, DO, OC, OCRO, and 200 - E-mail 4/18/2008
table end

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