PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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A.††††††† PURPOSE

 

This document establishes the Department of Housing and Urban Development's who are employees or applicants for employment. It also designates responsibility and describes procedures for submitting and responding to requests for reasonable accommodation.

 

These procedures explain what "reasonable accommodation" means, who is entitled to receive it, what constitutes a request for reasonable accommodation, the form and substance of the request, the Department's ability to ask questions and seek documentation after a request is made, and designates a "Disability Program Manager (DPM)" who is responsible for ensuring that the Department meets its obligations under Section 501 of the Rehabilitation Act of 1973, as amended, and Executive Order 13164.

 

B.††††††† STATUTORY REQUIREMENTS

 

Section 501 of the Rehabilitation Act of 1973, as amended, prohibits discrimination on the basis of disability in Federal employment and requires the Federal Government to engage in affirmative employment for individuals with disabilities. The law:

 

        Requires Federal employers not to discriminate against qualified job applicants or employees with disabilities. Federal employers shall ensure that their policies do not unnecessarily exclude or limit individuals with disabilities because of a job's structure or because of architectural, transportation, communication, procedural, or attitudinal barriers;

 

        Requires employers to make "reasonable accommodation" to the known physical or mental limitations of qualified applicants and employees with disabilities unless the agency can demonstrate that the accommodation would impose an undue hardship on the operation of its program.

 

        Prohibits the use of selection criteria and standards which tend to screen out people with disabilities, unless such criteria have been determined through a job analysis to be job‑related and consistent with business necessity, and an appropriate individualized assessment indicates that the job applicant cannot perform the essential functions of the job, with or without reasonable accommodation.

 


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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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Executive Order 13164 dated July 26, 2000, "Requiring Federal Agencies To Establish Procedures to Facilitate the Provision of Reasonable Accommodation", mandates Federal agencies, among other things, to:

 

        Establish effective written procedures to facilitate the provision of reasonable accommodation, and

 

        Submit Agency Reasonable Accommodation Procedures to the Equal Employment Opportunity Commission by July 26, 2001.

 

C.††††††† DEPARTMENT‑WIDE POLICY STATEMENT

 

It is the policy of the Department of Housing and Urban Development (HUD) to promote active recruitment and proper placement of qualified persons with disabilities; provide selective placement assistance to assure retention and career advancement opportunities; and to assure that persons with disabilities have a full opportunity to be represented at every level in the work force.

 

It is also the policy of HUD to provide reasonable accommodation to the known physical or mental limitations of qualified employees and job applicants with disabilities, unless it can be shown that the accommodation would impose an undue hardship on its operations.

 

It is the goal of the Department to be a model employer of persons with disabilities by providing full and fair consideration, employment, advancement, and retention of persons with disabilities in a broad range of grade levels and occupations commensurate with their knowledge, skills, and abilities. Further, HUD will assure that persons with disabilities are not unnecessarily excluded or limited because of job design or because of architectural, communication, procedural, or attitudinal barriers.

 

Managers and supervisors are responsible for achieving these goals, as expressed in the Departmentís Affirmative Employment Program (AEP) Plan covering the hiring, placement, and advancement of individuals with disabilities, at their respective office levels. They are also responsible for providing reasonable accommodation, which is a logical adjustment made to a job or work environment that enables a qualified person with disabilities to perform the essential functions of a position (Policy Statement issued by Secretary Mel Martinez, April 2, 2001).

 

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D.††††††† MANAGEMENTíS RESPONSIBILITY

 

The duty to provide reasonable accommodation is a fundamental statutory requirement because of the nature of discrimination faced by individuals with disabilities. Although many individuals with disabilities can apply for and perform jobs without any reasonable accommodation, there are workplace barriers that keep others from performing jobs that they could do with some form of accommodation. These barriers may be physical obstacles (such as inaccessible facilities or equipment), or they may be procedures or rules (such as rules concerning when or where work is performed, when breaks are taken or how essential or marginal functions are performed). Simply put, reasonable accommodation, removes work‑place barriers for individuals with disabilities.

 

HUD managers and supervisors shall make reasonable accommodation to the known physical or mental limitations of qualified employees or job applicants with disabilities unless it can be shown that the accommodation would impose an undue hardship on the agency.

 

Accommodations are not new in an employment situation. In the context of job performance, when an effective accommodation is provided (one that enables an employee with a disability to perform the essential functions of the position), an employer has satisfied the reasonable accommodation obligation. Similarly, an effective accommodation will enable an applicant with a disability to have an equal opportunity to participate in the merit staffing process and to be considered for a job. Lastly, a reasonable accommodation is effective if it allows an employee with a disability an equal opportunity to enjoy the benefits and privileges of employment that employees without disabilities enjoy. Providing accommodations for qualified individuals with disabilities means that the work‑related needs of all employees will be considered. Reasonable accommodations must be provided to qualified employees regardless whether they work part‑time or full‑time, or are considered "probationary."

 

There are a number of possible reasonable accommodations that an employer may have to provide in connection with modifications to the work environment or adjustments in how and when a job is performed. These include: (1) making existing facilities accessible; (2) job restructuring, (3) part‑time or modified work schedules; (4) acquiring or modifying equipment, (5) changing tests, training materials or policies; (6) providing qualified readers or interpreters; and (7) reassignment to a vacant position.

 

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Managers and supervisors do not have to provide personal items, such as a prosthetic limb, a wheelchair, eyeglasses, hearing aids or similar devices when needed by the individual in accomplishing daily activities both on and off the job. Managers and supervisors do not have to provide personal use amenities, such as hot pot or refrigerator, if those items are not provided to employees without disabilities. Furthermore, they do not have to eliminate an essential function, i.e., a fundamental duty of the position. A person with a disability who is unable to perform the essential functions, with or without reasonable accommodation, is not a "'qualified" individual within the meaning of the Rehabilitation Act. Managers and supervisors are also not required to lower production standards ‑ whether qualitative or quantitative ‑ that are applied uniformly to employees with and without disabilities. However, managers and supervisors may be required to provide reasonable accommodation to enable an employee with a disability to meet the production standards.

 

E.††††††† DEFINITIONS

 

(1)††† Person with a Disability

 

The Rehabilitation Act of 1973, as amended, defines a person with a disability as an individual who:

 

(a)†††††† Has a physical or mental impairment that substantially limits one or more of such person's major life activities (substantial limitations are evaluated in terms of the severity of the limitation and the length of time it restricts a major life activity. Major life activities include, among other activities: caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, concentrating, interacting with others, and working); or

 

(b)†††††† Has a record of such an impairment (has a history of or has been classified ((or misclassified)) as having a mental or physical impairment that substantially limits one or more major life activities); or

 

(c)†††††† Is Regarded As Having Such An Impairment (perceived as having a disability ‑ Has a physical or mental impairment that does not substantially limit major life activities, but is treated by an employer as constituting such a limitation; Has a physical or mental impairment that substantially limits major life activities only as a result of the attitude of an employer; or is treated by an employer as having such an impairment).

 

 

 

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††††††††††† (2)†††††† Physical or Mental Impairment

 

†††††††††††††††††††††††† (a)††††† Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems such as: neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, respiratory, genito‑urinary, hemic and lymphatic, skin, and endocrine; or

 

†††††††††† (b)††††† Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness (major depression, bipolar disorder, anxiety disorders), schizophrenia, and specific learning disabilities.

 

††††††††††† (3)†††††† Targeted Disabilities

 

These are disabilities that are designated by OPM and EEOC, that manifest themselves as severely restrictive physical and mental impairments that require assistance/emphasis. The targeted disabilities are: deafness, blindness, missing extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation, mental illness, and distortion of limbs and/or spine.

 

††††††††††† (4) †††† Invisible/Hidden Disabilities

 

These are disabilities that are not readily apparent such as asthma, arthritis, chronic fatigue syndrome, epilepsy, kidney disease, diabetes, cancer, HIV, AIDS, chronic depression, leaming disabilities, and mild mental retardation.

 

††††††††††† (5) †††† Qualified Person with a Disability

 

With respect to employment, a qualified person with a disability is one who, with or without reasonable accommodation, can perform the essential functions (grade controlling duties) of the position in question without endangering the health and safety of themselves or others and who, depending upon the appointing authority being used: (a) meet the experience and/or education requirements (which may include passing a test) of the position in question, or (b) meet the criteria for appointment under one of the special appointing authorities for the employment of individuals with disabilities.

 

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††††††††††† (6)†††††† Essential ]ob Functions

 

Essential functions are the fundamental or grade‑controlling duties that an employee must be able to perform, with or without reasonable accommodation.

 

Managers and supervisors should answer the following questions to determine if a job's‑functions or tasks are "essential":

 

        Is the employee in that position actually required to perform the function(s)?

 

        How many other employees are available to perform the function (s) or among whom the performance of the function(s) can be distributed?

 

        Would removing the function(s) fundamentally change the job?

 

        What degree of expertise or skill is required to perform the function(s)?

 

When answering these questions, managers and supervisors should focus on the purpose of the job, not on how the purpose is to be accomplished.

 

††††††††††† (7) ††††† Reasonable Accommodation

 

Reasonable accommodation is a logical change or adjustment to a job or the work environment or in the way things are customarily done that enables an otherwise qualified individual with a disability to perform the essential functions of the position, thereby enjoying equal employment opportunities.

 

There are three categories of reasonable accommodations: (1) modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; (2) modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position, or (3) modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

 

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(8) †††† Undue Hardship

 

Undue hardship is a significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but also to accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operations of an agency program.Undue hardship must be assessed on a case‑by‑case basis of whether a specific reasonable accommodation would cause significant difficulty or expense. Determinations of undue hardship should be based on several factors, including:

 

(a)†††††† The nature and cost of the accommodation needed;

(b)†††††† The overall financial resources of the agency making the reasonable

††††††††††† accommodation; the number of employees; the type of operation,

††††††††††† including structure and functions of the workforce; the effect on

††††††††††† expenses and resources; and

(c)†††††† The impact of the accommodation on the operations of the agency.

 

F.††††††††† REASONABLE ACCOMMODATION PROCESS

 

(1) †††† KEY POINTS:

 

        A request for reasonable accommodation is a statement that an individual needs an adjustment or change at work, in the application process, or in a benefit or privilege of employment for a reason related to a medical and/or mental condition.

 

        A request for reasonable accommodation does not have to include any special words, such as "reasonable accommodation,Ē "disability," or "Rehabilitation Act."

 

        A request for reasonable accommodation may be made orally, in writing, or via any other mode of communication. However, for accountability and record keeping purposes, HUD employees and job applicants in need of a reasonable accommodation may follow‑up an oral request by completing form HUD‑1000, "Accommodation Request for Persons with Disabilities" (see Appendix B).

 

 

 

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†††††† PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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        Applicants for employment may make a request for reasonable accommodation orally, in writing, or via any other mode of communication. However, the Personnel Management Specialist assigned to handle the merit staffing action must give them the "Form H UD‑ 1000" to complete and, if necessary, provide assistance with form completion.

 

        Employees requesting electronic technology reasonable accommodation should complete form HUD‑22006 (see Appendix E). The Office of Information Technology handles and processes electronic technology related requests for reasonable accommodations (Section 508 of the Rehabilitation Act), using from HUD 22006, Computer/Technology Accommodations Request (See Appendix E). To request such accommodations, employees must contact the Department's Information Technology Accessibility Coordinator in the Office of Administration.

 

        The time limits for the reasonable accommodation process begin when the request is received by the supervisor, a supervisor or manager in the individual's immediate chain of command, or the Disability Program Manager, regardless whether the request is made orally, in writing, or via any other mode of communication. In the case of an applicant for employment, the process begins when a request is made orally, in writing, or via any other mode of communication to the Office of Human Resources staff, the Disability Program Manager or to the supervisor or manager conducting the interview.

 

        It is the responsibility of the employee or applicant requesting a reasonable accommodation to provide appropriate medical documentation related to the functional impairment at issue and the requested accommodation where the disability and/or the need for accommodation is not obvious.

 

        Medical documentation may be necessary so that HUD can:

 

o       Determine if the employee or applicant has a covered disability under the Rehabilitation Act;

o        Determine whether an accommodation is needed; and if so,

o       Assess what kind of accommodation is necessary.

 

        Medical documentation is not necessary when both the disability and the need for reasonable accommodation are obvious or when the individual has already provided sufficient information to substantiate that s/he has a disability and needs the requested reasonable accommodation.

 

 

 

 

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        A family member, health professional, or other representative may request an accommodation on behalf of an employee or applicant.

 

        Requests for reasonable accommodation will be processed and provided, within 20 business days, absent "extenuating circumstances". "Extenuating circumstances" are factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation.

 

(2) †††††††† AREAS OF RESPONSIBILITY

 

(a)†††††† Director, Office of Departmental Equal Employment Opportunity (ODEEO)

 

The Director, ODEEO, who also serves as the Department's Director of Equal Employment Opportunity, has overall responsibility for assuring that the Department complies with Section 501 of the Rehabilitation Act of 1973 as amended and Executive Order 13164 by establishing and maintaining an effective mechanism for processing and responding to reasonable accommodation requests. This responsibility includes establishing Department≠-wide policy and procedures, reporting on all reasonable accommodation requests and adjudicating EEO complaints where discrimination is alleged based on disability.

 

 

(b)††††† Assistant Secretary for Administration

 

The Assistant Secretary for Administration has Department‑wide responsibility for implementing and administering the reasonable accommodation provisions of Section 501 of the Rehabilitation Act of 1973 as amended and Executive Order 13164. Specifically, the Assistant Secretary for Administration maintains centralized control over the processing of reasonable accommodation requests, the allocation of funds for reasonable‑ accommodations and for the tracking and the internal reporting to ODEEO on reasonable accommodation efforts and activities. This includes the designation of a Disability Program Manager, provision of staff resources for readers, interpreters, personal and staff assistants, providing material in alternative formats and training to all Office of Administration employees who merit‑staff positions, as well as managers, supervisors and all other employees.

 

(c)†††††† Disability Program Manager (DPM)

 

The Disability Program Manager is located in the Office of Administration and is responsible for training managers, supervisors and employees and serves as a resource person to supervisors, managers, and employees and Office of Human

 

 

 

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Resources personnelists regarding the statutory and regulatory requirements relating to reasonable accommodation. The Disability Program Manager must be aware of available resources and how to expedite their procurement, maintains records, and ensures that information is accessible to the EEO staff for reporting purposes.

 

The Disability Program Manager serves as liaison in coordinating and monitoring a variety of administrative functions such as training, tracking, reporting functions, etc. The Disability Program Manager may seek information about the disability and/or functional limitations from the individual, and/or ask the individual to obtain such information from an appropriate professional such as a doctor, social worker or rehabilitation counselor. The Disability Program Manager may work with the manager and supervisor in seeking appropriate information. The Disability Program Manager may evaluate the medical documentation, in consultation with designated medical or rehabilitation professionals, to assist in determining the necessity for and appropriateness of the requested accommodation.

 

The Disability Program Manager advises the appropriate persons whether the documentation demonstrates that a reasonable accommodation is appropriate and provides, if necessary, any additional relevant information about the individual's functional limitations.

 

The Disability Program Manager serves as the Chairperson of the Reasonable Accommodation Committee (RAC,).

 

††††††††††† (d)†††††† Principal Organization Heads (POHS)

 

Principal Organization Heads are the Assistant Secretaries and equivalent organization heads and also serve as the Equal Employment Officer for their respective organizations. POHs have overall responsibility for expeditious management review of the requests and for final approval of requests for reasonable accommodation in their respective program offices.

 

††††††††††† (e)††††† Assistant Secretary for Fair Housing and Equal Opportunity (FHEO)

 

In addition to the responsibilities described in (2)(d) above, the Assistant Secretary for FHEO has Department‑wide responsibility for administering and enforcing the Department's program and physical facility accessibility requirements under the authority of Section 504 of the Rehabilitation Act of 1973, as amended.

 

 

 

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(f)†††††† Office of Administration, Chief Information Officer (CIO)

 

In addition to the responsibilities described in (2) (d) above, the Chief Information Officer, in the Office of Administration, has responsibility for ensuring the Department's compliance with Section 508 of the Rehabilitation Act of 1973, as amended, which requires that agency information technology systems are accessible to disabled employees, applicants and other members of the general public.

 

†††††††††† (g) ††††† Individual Requesting Reasonable Accommodation

 

The employee or job applicant may initiate a request for reasonable accommodation orally, in writing, or via any other mode of communication to his/her supervisor, any supervisor or manager in his/her chain of command, or to the Disability Program Manager. If the individual is a job applicant, and requires an accommodation in the application process, s/he must make the request to the Office of Human Resources Staffing Specialist assigned to merit staff the vacancy or to the Disability Program Manager.

 

If the individual requires an accommodation for the interview process, s/he must make the request for the accommodation to the Merit S6fflng Specialist who will notify the interviewer so that the interviewer can make the necessary arrangements to obtain the accommodation.

 

Form HUD‑1000, which is required for record keeping purposes, must be completed by the individual requesting the accommodation and submitted toeither the immediate supervisor, the second‑line supervisor, the POH, any supervisor or manager in his/her chain of command or to the Disability Program Manager. If the individual requires assistance to complete the form or requires alternative formats, the supervisor or manager or Office of Human Resources staff will provide the assistance. If the individual makes the request to the Disability Program Manager, the DPM will provide the assistance. Material in alternative formats will be provided by the agency via the DPM at no expense to the individual.

 

The individual must specify the accommodation s/he feels would be most beneficial in performing the essential functions of the position. The individual must also provide timely and appropriate medical documentation to support the request if the need for the accommodation is not obvious to the supervisor/ manager. Likewise, the applicant must specify to the Office of Human Resources Staffing Specialist the accommodation that

 

 

 

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is required to have an equal and effective opportunity to be considered for a vacant position.

 

††††††††††† (h) ††††† Immediate Supervisor

 

The immediate supervisor is responsible for receiving and reviewing requests for reasonable accommodations, engaging in interactive communication, assessing essential job functions, requesting pertinent medical documentation, if appropriate, and whenever possible, approval of reasonable accommodation requests, including "'no cost" accommodations. If the immediate supervisor cannot approve the request, s/he must forward, within five (5) business days from the date of receipt, the request for reasonable accommodation to the second‑line supervisor in the requestor's chain of command for review and approval. The immediate supervisor must document, in writing, his/her reasons for not approving the request prior to forwarding it to the second‑line supervisor. S/he also has the responsibility, when interviewing job applicants, to provide any necessary accommodation, if requested, so that interviews may be conducted in an efficient and effective manner. Examples of such accommodations include, but are not limited to, the use of an interpreting service and access to designated parking. The immediate supervisor is also responsible for ensuring that all completed request forms, supporting documentation and decisions are submitted to POH within ten (10) business days for submission to the Disability Program Manager no later than fifteen (15) days from the date of request. The immediate supervisor must also notify the individual of the status of his/her request for accommodation.

 

†††††††††††† (i) ††††† Second‑line Supervisor

 

The second line supervisor is responsible for receiving and reviewing requests for

reasonable accommodations, engaging in interactive communication, assessing essential job functions, requesting pertinent medical documentation, if appropriate, and for approval of reasonable accommodations requests for his/her immediate staff and, if necessary, requests from staff in the organization if human and financial resources are involved. The POH must provide final approval of reasonable accommodations involving financial and/or human resources. S/he also has the responsibility, when interviewing job applicants, to provide any necessary accommodations, if requested, so that interviews may be conducted in an efficient and effective manner. Examples of such accommodations include, but are not limited to, the use of an interpreting service and access to designated parking. The second‑line supervisor is responsible for notifying the individual, in writing, of the status of his/her

 

 

 

 

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request, and ensuring that all completed request forms, supporting documentation and decisions are submitted to the POH within ten (10) business days of the reasonable accommodation request. The POH will give final approval, notify the individual, in writing, of the status of his/her request for accommodation and forward all relevant documents to the Disability Program Manager no later than fifteen (15) business days from the date of request for accommodation.

 

If the request for reasonable accommodation is made directly to the second‑line supervisor, the second‑line supervisor has five (5) business days to review and approve the request If the request is not approved by the second‑line supervisor within the five (5) business day time frame, s/he must document the reasons, in writing, and submit the request and attendant documentation to the POH for review and approval. The POH must notify the requester of his/her decision and forward the decision and supporting documentation to the Disability Program Manager within fifteen (15) business days from date of the initial request made orally, in writing, or via any other mode of communication, absent "extenuating circumstances."

 

(j)††††††† Reasonable Accommodation Committee (RAC)

 

The Reasonable Accommodation Committee is responsible for reviewing all material and information pertaining to a denied reasonable accommodation request. The Committee shall consist of representatives from the Office of General Counsel (OGC), the Office of Departmental Equal Employment Opportunity (ODEEO), the Office of Administration, and the Program Office in which the request originated. Union representation at Committee meetings will be available as requested and as appropriate. The requesting employee or applicant may also be asked by the Disability Program Manager to meet with the Committee or a member of the Committee when additional information or clarification is necessary.

 

The Disability Program Manager shall serve as the chairperson of the RAC. The Committee will review the reasonable accommodation request, any supporting medical documentation, and the written justification for denying the requested accommodation. Based on this information provided, the Committee will vote to determine whether to approve or deny the request. The Disability Program Manager shall inform the individual of the RAC's final decision.

 

 

 

 

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(k)†††††† Employee Assistance Program (EAP) Staff

 

The EAP staff is responsible for providing advice, guidance, and information pertaining to the prevention, treatment, and rehabilitation of employees with respect to alcoholism, drug abuse, and other personal‑medical‑behavioral problems, the need for reasonable accommodations and assisting in the evaluation of medical documentation.

 

(3) ††††† INITIATING REQUESTS FOR REASONABLE ACCOMMODATIONS

 

(a)†††††† HOW, BY WHOM AND TO WHOM

 

Individuals in need of a reasonable accommodation shall initiate the reasonable accommodation process by making the request, orally, in writing, or via any other mode of communication to his/her first or second line supervisor. Accordingly, if an oral request is made, the time frames run from the date of the oral request. Individuals may also indicate the process by making the request in writing to the first, or, second line supervisor. However, the Department shall not require that individuals mention the Rehabilitation Act or use the phrase "reasonable accommodation" in the request. Regardless whether the managers or supervisors feel that the individual is entitled to an accommodation, the Department must immediately start the process by considering the request. The Department will require, for record keeping purposes only, that the employee complete Form HUD‑1000, "Accommodation Request for Persons with Disabilities" (See Appendix B) and submit it to his/her first or second line supervisor. However, the Department cannot ignore the initial request, whether made orally, in writing, or, via any other mode of communication. The Department will provide assistance to an individual with a disability who requires assistance in completing form HUD‑1000, or who requires the Form HUD‑1000 in an alternative format.

 

A reasonable accommodation request may be made by a third party, on behalf of the individual with a disability. The third party may be a family member, health professional or any other representative of the individual with a disability. When a third party makes the request, the Department will first confirm with the employee/applicant that he/she wants a reasonable accommodation. If an employee's physician sends the Department a letter requesting a reasonable accommodation for the employee, the agency must confirm with the employee that the doctor's letter was sent with the employee's consent. A supervisor who perceives that reasonable accommodation is or will be required, may initiate the request. In such cases, however, the requesting party shall consult with the employee and shall

 

 

 

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summarize and report the employee's comments on Form HUD‑1000.

 

†††††††††† (b) ††††† Immediate Supervisor/Second‑Line Supervisor

 

As the receiving official, the immediate supervisor or second‑line supervisor, the subject matter experts on the essential job functions, shall review the request and begin the interactive/communication process (see (4) below) with the employee. The supervisor shall complete the appropriate sections of Form HUD‑1000.

 

The immediate supervisor is requited to respond to and approve reasonable accommodation requests whenever possible with emphasis on those where:

 

(1)             no cost is involved; and

(2)             the supervisor and the employee are in agreement as to the accommodation (an example: rearrangement of the furniture within an employee's work space/office, approval of late arrival, etc.)

 

The receiving official (immediate supervisor or second‑line supervisor) completes the section entitled "Immediate Supervisor" (and the Requester section if the request is being initiated on behalf of the employee). If the request is one that can be approved by the receiving official, s/he shall initiate immediate action to procure the reasonable accommodation in the shortest possible time frame, but no later than 20 business days from date of request, excluding any extenuating circumstances. Otherwise, the receiving official signs and dates the form within five (5) business days and forwards a copy to the Principal Organization Head for review and decision. Within ten (10) business days the POH must make a decision. No later than 15 (fifteen) business days from date of request, the POH must notify the individual, in writing, of the decision and forward the original request and supporting documentation to the Disability Program Manager for appropriate action, and for record keeping purposes.

 

There may be situations in which a supervisor perceives that an employee's work situation might improve with reasonable accommodation, but the employee has not raised a problem or asked for an accommodation. The supervisor may ask the individual about his/her disability and functional limitations when the disability and/or the need for accommodation is not obvious. It is appropriate for a supervisor to ask if an employee may need an accommodation, but it is not appropriate to

 

 

 

 

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independently initiate a request if the employee does not wish an accommodation.

 

(c) †††††† Disability Program Manager

 

If the Disability Program Manager is the receiving official, s/he shall review the request and engage in the interactive/communication process (see (4) below) with the employee, supervisor, manager and POH. The Disability Program Manager may seek information about the disability and/or functional limitations from the individual, and/or ask the individual to obtain such information from an appropriate professional such as a doctor, social worker or rehabilitation counselor. The Disability Program Manager may work with the manager and supervisor in seeking appropriate information. The Disability Program Manager may evaluate the medical documentation, in consultation with designated medical or rehabilitation professionals, to assist in determining the necessity for and appropriateness of the requested accommodation.

 

(4) ††††† INTERACTIVE PROCESS

 

The Immediate supervisor and employee requesting a reasonable accommodation should begin the interactive process as soon as the request for an accommodation is made orally, in writing, or via any other mode of communication. The purpose is to, determine what, if any, accommodation should be provided. The exchange of information is a priority and is necessary to clarify what the individual needs, the nature of the disability and/or functional limitations that are impacting on the employee's job performance and to identify an effective accommodation that will enable the employee to better perform the essential job functions. Several questions that may be asked during the initial interactive process to help determine the effectiveness of an accommodation include, but are not limited to, the following:

 

(a)†††††† Is the accommodation necessary to perform the duties of the position?

(b)†††††† What effect will the accommodation have on the agency's operations

††††††††††† and on the employee's performance?

(c)†††††† To what extent does the accommodation compensate for the employee's

††††††††††† or job applicant's limitations?

(d)†††††† Will the accommodation give the person the opportunity to function,

††††††††††† participate, or compete on a more equal basis with co‑workers?

(e)†††††† Are there alternative accommodations that would accomplish the same

††††††††††† purpose?

 

 

 

 

16

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

 

This interactive communication is particularly important where the specific limitation, problem, or barrier is unclear, where an effective accommodation is not obvious; or where the parties are considering different possible reasonable accommodations. In those cases where the disability, the need for accommodation, and the type of accommodation that should be provided are clear, extensive discussions are not necessary. Even so, the supervisor and requesting individual must talk to each other to make sure that there is a full exchange of relevant information. The employee requesting the accommodation should also participate to the extent possible in helping to identify an effective accommodation.

 

Communication is a priority throughout the entire process. This means that the employee requesting the accommodation and the immediate supervisor must talk to each other about the request, the process for determining whether an accommodation will be provided, and the potential accommodations.

 

When a request for accommodation is made by a third party, the Disability Program Manager or, in the case of an applicant with a disability, the Merit Staffing Specialist should, if possible, confirm with the applicant or employee with a disability that s/he, in fact, wants a reasonable Accommodation before proceeding. It may not be possible to confirm the request if the employee has, for example, been hospitalized in an acute condition. In this situation, the third party's request will be processed and the Disability Program Manager or Merit Staffing Specialist will follow‑up directly with the individual needing the accommodation as soon as it is practicable.

 

(5)†††††† MEDICAL DOCUMENTATION

 

The Department is entitled to know that an employee or applicant has a covered disability that requires a reasonable accommodation. When the disability and need for accommodation are not obvious or otherwise already known, medical documentation may be requested to: (1) substantiate that the individual has a disability covered by the Rehabilitation Act; (2) determine whether an accommodation is needed; and, (3) assess what kind of accommodation is necessary. Based on this need to know, the supervisor or Disability Program Manager may ask the employee for reasonable documentation about his/her disability and functional limitations.

 

Reasonable documentation means that the Department may require only the documentation that is needed to establish that a person has a covered disability, and that the disability necessitates a reasonable accommodation.

 

 

 

 

17

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

 

If medical information is needed, the supervisor or Disability Program Manager will explain to the individual seeking the accommodation, in specific terms, why the need for information or if the provided information is insufficient, what additional information is needed, and why it is necessary for a determination of the reasonable accommodation request.

 

If the information provided by the individual or professional is insufficient to enable a determination to be made, the Disability Program Manager may ask for further information. However, the Disability Program Manager will first explain to the individual in specific terms why the information, which has been provided, is insufficient, what additional information is needed and why it is necessary for a determination of the reasonable accommodation request. The individual may request the additional documentation or alternatively, the Disability Program Manager may request the individual to sign a limited release so that the Disability Program Manager may thereafter submit a list of specific questions to the individual's health care professional or may otherwise contact the individual's doctor.

 

In many cases, the employee requesting the accommodation will supply medical information as an attachment to the request Form HUD‑1000, Reasonable Accommodation Request for Persons with Disabilities, without being asked. In these cases, the supervisor will consider the documentation and make a determination on its appropriateness or whether additional medical documentation is necessary. If additional documentation is not necessary, the receiver of the request (supervisor, manager or DPM) will process the request for accommodation.

 

The Disability Program Manager and/or EAP staff, working through the supervisor and/or Principal Organization Head, will request that the employee/applicant provide information, from an appropriate professional, such as a doctor, social worker, or rehabilitation counselor, that addresses the following:

 

        the nature, severity, and duration of the individual's impairment;

        the activity or activities that the impairment limits;

        the extent to which the impairment limits the individual's ability to perform the activity or activities;

        why the individual requires reasonable accommodation or the particular reasonable accommodation being requested; and

 

 

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††† 18

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

        how the reasonable accommodation will assist the individual to perform the essential functions of the job or assist the individual to apply for a job, or enjoy a privilege or benefit of the workplace.

 

To facilitate the above responses, the supervisor must provide the requesting employee and/or physician with copies of the employee's current position description, highlighting the essential functions, performance standards as well as any other narrative information that clearly explains the dudes of the job.

 

Alternatively, the Disability Program Manager may ask the immediate supervisor to request that the employee/applicant to sign a limited release authorizing the Disability Program Manager to submit a list of specific questions to the individual's health care professional or contact the individual's doctor.

 

If, after a reasonable period of time (seven (7) business days), the requesting employee is unable to provide sufficient information to demonstrate that s/he has a disability and needs a reasonable accommodation, the supervisor, at the recommendation of the Disability Program Manager may, at the expense of the Department, request that the individual be examined by the HUD physician or another chosen physician. The Department also has the right to have medical documentation reviewed by the HUD physician or another medical expert, at its own expense.

 

If the employee or applicant for employment is uncomfortable about sharing sensitive information about his/her medical condition with his/her supervisors, it is permissible for the individual to provide the medical information directly to the Disability Program Manager for review. The Disability Program Manager is then responsible for explaining to the decision maker on the reasonable accommodation request that the individual has a disability rather than sharing all of the details about the medical condition.

 

The individual's failure to provide appropriate documentation or to cooperate in HUD's efforts to obtain such documentation may result in a denial of the reasonable accommodation. If the Disability Program Manager agrees that the supervisor's recommended denial is based on the individual's failure to provide sufficient medical information, the Reasonable Accommodation Committee will not be convened.

 

Documentation is not necessary when both the disability and the need for reasonable accommodation are obvious or when the individual has already provided sufficient information to substantiate that s/he has a disability and need the requested reasonable accommodation.

 

 

 

 

19

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

 

 

(6)††††††††† CONFIDENTIALITY REQUIREMENTS

 

The Rehabilitation Act requires that all medical information be kept confldenfial. This rtieans that all medical information that any agency obtains in connection With a request for reasonable accommodation must be kept in flies separate from the individual's personnel file. It also means that any employee who obtains or receives such, information Is strictly bound by these confldentiality requirements. 'Supervisors and managers are responsible for the safekeeping and confidentiality of all documents, medical or otherwise, obtained during the processing of reasonable accommodation requests.

 

If the employee or applicant for employment is uncomfortable about sharing sensitive information about his/her medical condition with his/her supervisors, It is permissible for the individual to provide the medical information directly to the Disability Program Manager for review. The Disability Program Manager is then responsible for explaining to the decision maker on the reasonable accommodation request that the individual has a disability rather than sharing all of the details about the medical condition.

 

The Disability Program Manager shall maintain custody of all records obtained or created during the processing of a request for reasonable accommodation, including medical records, and will respond to all requests for disclosure of the records. All records will be maintained in accordance with the Privacy Act and the requirements of 29 C.F.R. Section 1611.

 

Medical information may be disclosed only as follows:

 

        supervisors and managers who need to know may be told about necessary restrictions on the work or duties of the employee and about the necessary accommodation (s);

        first aid and safety personnel may be informed if the disability might require emergency treatment;

        government officials may be given information necessary to investigate the agency's compliance with the Rehabilitation Act;

        the information may, in certain circumstances, be disclosed to workers' compensation offices or insurance carriers;

        and the Office of Departmental EEO officials may be given the information to maintain records and evaluate and report HUD's performance in processing reasonable accommodation requests.

 

 

 

 

20

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

 

Whenever medical information is disclosed to any of the above officials, the individual disclosing the information must inform the requestor of the confldentiality requirements covering the information.

 

(7)††††† THE DECISION MAKING PROCESS

 

HUD will process requests for reasonable accommodation and, where appropriate, provide reasonable accommodation in a prompt, fair, and efficient manner. The supervisor, manager or Disability Program Manager, under some circumstances, shall serve as "'decision maker" for job performance related reasonable accommodation requests, including those that can be granted at "no cost". job performance related reasonable accommodations are those that will enable an employee to perform the "essential functions" of his/her position. These include, but are not limited to, adjusted work schedules, alternative formatted materials, assistive devices, job restructuring, etc.

 

HUD recognizes that the time necessary to process a request will depend on the nature of the accommodation requested and whether it is necessary to obtain suppordng information. The maximum time for processing and providing reasonable accommodation shall not exceed 20 business days from the date of request, absent any "extenuating circumstances". "Extenuating circumstances" are unforeseen or unavoidable events or factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation that prevent the prompt processing and delivery of an accommodation. If the Disability Program Manager agrees with the POH that extenuating circumstances are present, the time for processing a request for reasonable accommodation and providing the accommodation Will be extended by the Disability Program Manager, as reasonably necessary. The following are examples of extenuating circumstances:

 

        There is an outstanding initial or‑ follow‑up request for medical information, or the medical information that has been provided is being evaluated.

 

        The purchase of equipment may take longer than 20 business days because of requirements under the Federal Acquisition Regulation and HUD's Procurement, Contract, and Acquisition Policies and Procedures.

 

        Equipment may be back‑ordered, the vendor typically used for goods or services has unexpectedly gone out of business, or the vendor cannot promptly supply the needed goods or services and another vendor is not immediatefy available.

 

 

 

 

21

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

        New staff needs to be hired or contracted for, or an accommodation involves the removal of architectural barriers.

 

Where extenuating circumstances are present, the supervisor must notify the individual in writing of the reason for the delay, and the approximate date on which, a decision, or p.rovision of the, reasonable accommodation, is expected. Any. further developments or changes should also be communicated promptly to the individual by the supervisor.

 

The maximum 20‑business day time frame starts the day that a request for a reasonable accommodation is made orally, in writing, or via any other mode of communication to the supervisor, manager or Disability Program Manager. The recipient of the request shall immediately start the interactive process (see item 4 above). If the recipient of the request is someone other than the Disability Program Manager, he/she must immediately notify the Disability Program Manager, in writing, of the request.

 

Barring any extenuating circumstances, a reasonable accommodation request, if granted, shall be provided no later than 20 business days from the date the request is received by a supervisor or Disability Program Manager or sooner, if possible, if it can be provided directly by the requesting employee's supervisor and does not require supporting medical information. For record keeping

purposes, the Disability Program Manager must be provided with all documents associated with the entire reasonable accommodation process.

 

If the request cannot be approved by the immediate supervisor within five (5) business days, s/he must forward the request and any supporting documents to the second‑line supervisor for review and a decision. Within ten (10) business days, the second‑line supervisor must forward his/her decision and a copy of the reasonable accommodation request to the POH for review and approval, if

appropriate. The POH must make the flnal decision for the program office and forward the request, decision and supporting documentation to the Disability Program Manager, within fifteen (15) business days of the request for reasonable accommodation. The POH shall also notify the individual, in writing, of the status of his/her request.

 

The reasonable accommodation processing time frame (maximum 20 business days) is suspended pending the receipt of the medical documentation and will resume when the documentation is received by the requestor.

 

If medical documentation is not needed, a decision shall be made and the accommodation, if granted, will be provided within 20 business days from

 

 

 

 

22

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

receipt. As soon as the immediate supervisor, second‑line supervisor, POH or Disability Program Manager determines that a reasonable accommodation will be provided, that decision shall be immediately communicated to the individual, in writing, by the supervisor or Disability Program Manager if the Disability Program Manager received the initial request, or if the decision was made by the RAC.

 

If there is a delay in providing an accommodation that has been approved, the immediate supervisor must investigate, in concert With the Disability Program Manager, whether temporary measures can be taken to assist the employee. This could include providing the requested accommodation on a temporary basis or providing a less effective form of accommodation.

 

In addition, the decision maker, in concert with the Disability Program Manager, may provide measures that are not reasonable accommodations within the meaning of the law, if: (1) they do not interfere with the operations of the agency; and (2) the employee is clearly informed that they are being provided only on a temporary, interim basis.

 

For example, there may be a delay in receiving adaptive equipment for an employee with a vision disability. During the delay, the supervisor might arrange for other employees to act as readers. This temporary measure may not be as effective as the adaptive equipment, but it will allow the employee to perform as much of the job as possible until the equipment arrives.

 

For reasonable accommodation requests crossing Program Office areas of responsibility, the immediate supervisor and Disability Program Manager will coordinate such requests with the appropriate offlce. These may include, but are not limited to, the following:

 

        Facility accessibility issues under Section 504 of the Rehabilitation Act of 1973, as amended. These issues will be coordinated with the Offlce of Fair Housing and Equal Opportunity and the General Services Administration or the owner of the building, as appropriate;

 

        Technology accessibility issues under Section 508 of the Rehabilitation Act of 1973, as amended. These issues will be coordinated with the Offlce of Administration, Chief Information Offlcer;

 

        Reassignment, sign language interpreters, readers, or other staff assistant, and leave policy issues will be coordinated with the Offlce of Human Resources and;

 

 

 

 

23

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

        Accessible parking spaces and material in alternative format will be coordinated with the Offlce of Administrative Services.

 

In addition, the Disability Program Manager will be available, as needed, to provide assistance to employees and decision makers in processing requests. The Disability Program Manager must also designate an alternate to continue receiving and processingI reasonable accommodation requests when s/he is unavailable. The Disability Program Manager will also publicize in the Department the alternate's name and how she or he may be reached. The time frames for processing reasonable accommodation requests will not be suspended or extended because of the unavailability of the Disability Program Manager.

 

Examples of reasonable accommodations that can and should be provided in less than the 20‑business day time frame include reasonable accommodations that would:

 

        enable an applicant with a disability to have an equal opportunity to apply for a job (depending on the timetable for receiving applications, conducting interviews, taldng tests, and making hiring decisions).

        enable an employee to attend a meeting scheduled to occur shortly. For example, an employee may need a sign language interpreter for a††††††† meeting scheduled to take place in 5 days.

        enable an employee with a leaming disability, who has difflculty reading, to participate in staff meetings by providing copies of the agenda ahead of time.

        provide an employee with diabetes, who sits in an open area, privacy to test his/her blood sugar levels by granting frequent breaks each day.

        allow a mobility‑impaired employee, due to difficulty using public transportation during peak rush hour time, to begin and end the workday earlier or later than other employees.

 

(8)†††††† DETERMINING UNDUE HARDSHIP

 

HUD does not have to provide an accommodation that would cause an "undue hardship" on the agency. Undue hardship must be based on an individualized assessment of current circumstances that show that a specific accommodation would cause signiflcant difficulty or expense, or would fundamentally alter the nature of HUD's operations. A determination of undue hardship should be based on several factors, including.

 

 

 

24

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

 

(a)†††††† The nature and cost of the accommodation;

(b)†††††† The overall financial resources of the agency; the number of persons employed, the effect on expenses and resources;

(c)†††††† Type of operation, including the structure and functions of the work force, the geographical separateness, and the administrative or fiscal relationship involved in making the reasonable accommodation to the employer; and

(d)†††††††††††††††††††††††††††††††††††††† The impact of the accommodation on the operations.

 

If a supervisor/manager determines that a particular accommodation may cause undue hardship on the agency, but a second type of accommodation will be as effective and will not cause an undue hardship and the Disability Program Manager agrees, then the supervisor will provide the second accommodation.

 

Absent an undue hardship, the supervisor may also choose among reasonable accommodation as long as the chosen one is effective. For example, an employee or applicant with a disability requests a speciflc accommodation and, there are two possible reasonable accommodations,. one costs more or is more burdensome than the other, the supervisor may choose the less extensive or burdensome accommodation as long as it is effective. An accommodation is considered "effective" if it removes a workplace bariier, thereby providing the individual with an equal opportunity to apply for a position, to perform the essential functions of a position, or,to gain equal access to a benefit or privilege of employment.

 

When more than one accommodation is effective., the preference of the individual with a disability should be given primary consideration. However, the supervisor has the ultimate discretion to choose between effective accommodations. The supervisor may not, however, require a qualified individual.with a disability to accept an accommodation. If, however, an employee needs a reasonable accommodation to perform an essential function or to eliminate a direct threat, and refuses to accept an effective accommodation s/he may not be qualified to remain in the job. Undue hardship relates to HUD's operations and not those of an individual program office. Therefore, all undue hardship issues and/or preliminary decisions regarding undue hardship must be forwarded to the Chair of the Reasonable Accommodation Committee for review and flnal decision.

 

 

 

25

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

(9)†††††† REASSIGNMENT

 

If the agency determines that no other reasonable accommodation will permit the employee with a disability to perform the essential functio ns of his or her current position, absent undue hardship on the.agency, reassignment Will be considered as a reasonable accommodation. Reassignment, available only to employees, is a "last reson" accommodation that may be made only to a vacant position. The law does not require that agencies create new positions or move employees from their jobs in order to create a vacancy.

 

The employee with a disability must be qualifled for the position. The employee is qualifled if s/he (1) satisfies the requisite skill, experience, education, and other job‑related requirements of the position, and (2) can perform the essential functions of the position with or without reasonable accommodation. If the employee is qualifled for the position, s/he should be reassigned to the vacant job as a reasonable accommodation and should to have to compete for it.

 

If reassignment is the "last resort" accommodation, the Disability Program Manager, in coordination with the, Office of Human Resources, must conduct a search for available vacancies. The Disability Program Manager must consult with the affected employee as necessary to determine whether there are limits on the search the employee would like the Disability Program Manager to conduct; whether the employee is qualified for a particular job; or whether the employee would need a reasonable accommodation to perform the essential functions of a new position.

 

(10)††† FUNDING

 

The Office of Budget and Administrative Support has Department‑wide control over the allocation of all funds in support of reasonable accommodation. All approved requests for reasonable accommodation will be forwarded to the Office of Budget and

___________________________________

 

1 Direct Threat to the health or safety of others or to oneself in the workplace determinations are based on individualized assessments of current medical evidence or the best available objective evidence that will: (1) demonstrate a significant risk of substantial harm; (2) the nature, duration, severity, likelihood, and/or imminence of the risk; (3) the probability that the potential injury will actually occur; and (4) whether reasonable modiflcation of policies, practices, or procedures will mitigate the risk.

 

 

 

 

26

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

 

Office of Budget and Administrative Support by the approving official through the Disability Program Manager for funding availability review and allocation, and the assignment of the funds appropriation code. In cases of reasonable accommodation requiring a reader, interpreter, or personal assistant, the Assistant Secretary for Administration Will provide the appropriate stafflng resource allocation.

 

G.††††††††††††† DENIAL OF REASONABLE ACCOMMODATION REQUEST

 

If the decision maker renders a "recommended denial" determination, s/he must, within two business days, complete a "Denial of Request" form (see Appendix C) and forward it,with all the supporting documentation, to the Disability Program Manager. The explanation for the denial must be written in plain language, clearly stating the speciflc reasons for the denial. Where the decision maker has denied a speciflc requested accommodation, but offered to make a different one in its place which was not agreed to during the interactive process, the denial notice should explain both the reasons for the denial of the requested accommodation and the reasons that the decision maker believes that the recommended accommodation will be effective. Reasons for the recommended denial of a request for reasonable accommodation may include the following (keeping in mind that the actual written notice must include speciflc reasons for the recommended denial, for example, why the accommodation would not be effective or why it would result in undue hardship):

 

        The requested accommodation would not be effective.

        Providing the requested accommodation would result in undue hardship for the Department. Before reaching this determination, the decision maker must have explored whether other effecdve accommodations exist which would not impose undue hardship and therefore can be provided (See Undue Hardship, item 8 above and the EEOC' Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act at www.eeoc.gov)

        Medical documentation is inadequate to establish that the individual has a disability and/or needs a reasonable accommodation.

        The requested accommodation would require the removal of an essential function.

        The requested accommodation would require the lowering of a performance or production standard.

 

On receipt of the POH's written "decision to deny the reasonable accommodation", the Disability Program Manager will notify the requesting individual of the recommended denial and schedule a Reasonable Accommodation Committee meeting

 

 

 

27

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

with representation from the Offlce of General Counsel (OGC), the Offlce of Departmental Equal Employment Opportunity (ODEEO), the Office of Administration, and the Program Offlce in which the request originated. The Committee will review the reasonable accommodation request, any supporting medical documentation, and the written jusdflcation for recommending denial of the requested accommodation. The requesting employee, former employee.. or applicant may also meet,with the Committee or a member of the‑ Committee to provide additional information or clarification, if necessary. Based on the information provided, the Committee will vote to determine whether to approve or deny the request The Committee has 5 business days from receipt of the recommended denial to render a decision. The Disability Program Manager will inform the decision maker and the requesting employee/applicant, in writing, of the Committee's decision. If the Committee's decision is denial, the written notice of denial must also inform the requester that s/he has the right to flie an EEO complaint and may have rights to pursue MSPB and union grievance procedures. The notice must also explain HUD's Alternative Dispute Resolution (ADR) procedures.

 

H.††††††† INFORMAL DISPUTE RESOLUTION/ALTERNATIVE DISPUTE RESOLUTION PROGRAM

 

Individuals With disabilities may request prompt reconsideration of a denial of reasonable accommodation using the following methods:

 

        If an individual wishes reconsideration, s/he should first ask the decision maker to reconsider the decision. The individual may present additional information in support of his/her request. The decision maker will respond to the request for reconsideration within 3 business days;

        If the decision maker is the supervisor, and s/he does not reverse the decision, the individual can ask the Principal Organization Head for reconsideration. The Principal Organization Head will respond to this request within 5 business days;

        If Principal Organization Head does not reverse the decision, the individual can ask the Principal Organization Head to have the decision reviewed and evaluated by the Reasonable Accommodation Committee. The Principal Organization Head shall contact the Disability Program Manager who, in turn, will schedule a Reasonable Accommodation Committee meeting. The Committee will respond to this request within 5 business days; or

        If the Reasonable Accommodation Committee does not reverse the decision, the individual may file an EEO complaint, file a written grievance in accordance with the provisions of the Collective Bargaining Agreement, or initiate an appeal to the Merit Systems Protection Board.

 

 

 

 

28

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

The individual may also elect to pursue prompt reconsideration through the Department's Alternative Dispute Resolution (ADR) Program. The individual seeking reconsideration may contact the Office of Departmental Equal Employment Opportunity, Alternative Dispute Resolution Program Staff, at (202) 708‑5921, without first, having to contact an EEO Counselor or file an EEO complaint. The ADR Program Manager will determine the case's appropriateness for ADR and, if appropriate, will:

 

        Explain the ADR process.

 

        Explain the steps necessary to take to protect his/her EEO rights if the ADR process is unsuccessful.

 

        Inform the designated Equal Employment Opportunity Officer of the request to mediate and reveal the individual's name to the appropriate officials in order to attempt to bring resolution to the issues.

 

        Advise the individual that if ADR Program Manager determines that the matter is not appropriate for ADR, in accordance with Title 5, the individual shall have the right to continue to process the allegation through the traditional EEO process.

 

        Advise the individual that if the case is determined to be suitable for ADR, and the parties agree to participate in the mediation, the ADR Program Manager will explain the mediation process to the parties.

 

        Advise the individual that the ADR Program Manager will make arrangements to obtain the services of a mediator. The mediation will be scheduled as soon as possible.

 

        Advise the individual that the ADR Program Manager will provide the mediator with a Mediator Information Sheet that provides background information on the case.

 

        Advise the individual that the ADR effort will be concluded when one of the following occurs:

 

(1) Withdrawal of the complaint; or

(2) Impasse, i.e., no resolution after reasonable efforts have been made to reach agreement, or

(3) Termination of the process by either party; or

 

 

 

29

 


PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

 

††††† (4) Signing of a settlement agreement.

 

Advise the individual that at the conclusion of a successful ADR proceeding, the ADR Program†† Manager will ensure that all necessary settlement documents are appropriately coordinated, approved and signed.The terms of any settlement agreement are not binding until they are approved by the EEO Director. The signed settlement agreement is a binding contract between the parties, enforceable in a court of law. If there is no resolution, the individual will be informed of his/her right to proceed in the traditional EEO formal coplaint process.

 

Pursuing any of the informal dispute resolution procedures identified above, including seeking reconsideration from the decision maker and appealing to the next person in the decision maker's chain of command, does not affect the time limits for initiating statutory and collective bargaining claims. An individual's participation in any or all of these informal dispute resolution processes does not satisfy the requirements for bringing a claim under EEO, MSPB, or union grievance procedures.

 

I. ††††††† Information Tracking and Reporting

 

All records obtained or created during the processing of a request for reasonable accommodation are protected by the Privacy Act. The Disability Program Manager shall retain custody of these records and will respond to all requests for disclosure based on the criteria established under item 6 ‑ Confidentiality, page 20).

 

The Disability Program Manager, will complete an "Information Reporting" form (see Appendix D) for each reasonable accommodation request, assign a control number to each accommodation request form and attach any and all supporting documents, if any. The Disability Program Manager will maintain records related to a particular individual who has requested a reasonable accommodation for the duration, of that individuals employment. The Disability Program Manager will also maintain, for at least three years, any cumulative reports and records to be used in assessing the Departrnentís performance with regard to reasonable accommodation. Upon request, the EEOC may review these documents in their assessment of the Department's reasonable accommodation procedures.

 

The Information Technology Accessibility Coordinator shall complete Form HUD‑ 002, Reasonable Accommodation Information Reporting Form (see Appendix D), for all electronic technology accommodation requests. The completed forms shall be forwarded to the Disability Program Manager for consolidated Department‑wide reasonable accommodation tracking and reporting.

 

 

 

 

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On an annual basis (fiscal year), the Disability Program Manager shall prepare a report containing the following information, presented in the aggregate:

 

        the number of reasonable accommodations, by type, that have been requested in the application process and whether those requests have been granted or denied;

        the jobs (occupational series, grade level, and agency component) for which reasonable accommodations have been requested;

        the types of reasonable accommodations that have been requested for each of those jobs;

        the number of reasonable accommodations, by type, for each job that have been approved, and the number of accommodations, by type, that have been denied;

        the number of requests for reasonable accommodations, by type, that relate to the benefits or privileges of employment,.and whether those requests have been granted or denied;

        the reasons for denial of requests for reasonable accommodation;

        the amount of time taken to process each request for reasonable accommodation;and

        the sources of technical assistance that have been consulted in trying to identify possible reasonable accommodations.

 

By December 1st of each year, the Disability Program Manager shall forward the report information to the Office of Departmental Equal Employment Opportunity (ODEEO), ATTENTION: Director, Affirmative Employment Division. The results will be forwarded to the EEOC as a part of the Department's annual Affirmative Employment Program Reports covering the Hiring, Placement, and Advancement of Persons with Disabilities. This information, that is maintained, both annually and cumulatively, will also provide a qualitative assessment of the Department"s reasonable accommodation program, including'any recommendations for improvement of reasonable accommodation policies and procedures. The EEOC, in its evaluation of the efficiency of HUDís reasonable accommodation procedures has a right to review all relevant records. Copies of such statistical reports will be made available to the Advisory Committee for Persons with Disabilities, Equal Employment Opportunity Advisory Committee., and to employees, upon request.

 

 

 

 

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J.††††††† RELATION OF PROCEDURES TO STATUTORY AND COLLECTIVE BARGAINING CLAIMS

 

        This policy is in addition to statutory and collective bargaining protections for persons with disabilities and the remedies they provide for the denial of requests for reasonable accommodation. Requirements governing the initiation of statutory and collecive bargaining claims, including time frames for filing such claims, remain unchanged.

 

        An individual who chooses to pursue statutory or collective bargaining remedies for denial of reasonable accommodation must:

 

o       For an EEO complaint; contact an EEO counselor in the OffIce of Departmental Equal Employment Opportunity (ODEEO) within 45 days from the date of receipt of the written notice of denial;

o       For a collective bargaining claim, file a written grievance in accordance with the provisions of the Collective Bargaining Agreement; or

o       Initiate an appeal to the Merit Systems Protection Board within 30 days of an appealable adverse action as defined in 5 C.F.R. 1201.3.

 

        If a member of the ODEEO staff has had any involvement in the processing of the reasonable accommodation request, that staff member shall recuse him or herself from any involvement in the processing of an EEO counseling contact or EEO complaint in connection with that request.

 

L.†††††††† INQUIRIES

 

Any person wanting further information concerning these Procedures may contact the D.1sability Program Manager at (202) 708‑2000.

 

M.†††††† DISTRIBUTION

 

These Procedures shall be distributed to all employees upon issuance, and annually thereafter. They also will be posted on HUD's Intranet and Internet sites and included in the employee handbook. Copies also will be available in the library, ODEEO, the Office of Human Resources and in the Office of the Disability Program Manager.

 

They shall also be distributed to all new employees as part of their orientation on their flrst day of work in the Department. These Procedures will be provided in alternative formats, including simplified format, when requested from the Disability Program Manager by, or on behalf of, any HUD employee or applicant for employment.

 

 

 

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION

 

This section provides an overview of some generic accommodation options used successfully in a variety of situations.

 

(1)†††† Restructuring Jobs ‑ A job may be modified so that a person with disabilities can perform those essential functions of a position. It is first necessary to identify those tasks that may be difficult for an individual to accomplish because of a disability. The tasks should then be analyzed to identify those factors which specifically make it difflcult for the person with disabilities to effectively accomplish the job. These factors should be eliminated by changing the job contents; eliminating nonessential elements, re≠delegating assignments; exchanging assignments with other employees; redesigning procedures for task accomplishment, or, in the case of non‑probadonary employees, reassignment to another position.

 

(2)††††† Modifying Worksites ‑ Changes may be needed in the work site area when there is an employee with disabilities. This may include accessibility to and around the work area., rest rooms and other facilities used by the employee. Adjustments may be as simple as:

 

        Rearranging files or shelves for accessibility to wheelchair users;

        Widening access areas between flxtures to allow room for wheel‑chairs and maintaining hazard‑free pathways for sight or mobility impaired employees;

        Raising or lowering equipment to provide required working heights;

        Moving equipment controls to one side or another or modifying them for hand or foot operation;

        Installing special holding devices on desks, machines, or benches;

        Placing braille labels on shelves so sight impaired employees can identify contents;

        Installing telecommunication devices or telephone amplifiers for persons who are hearing impaired;

        Providing a speaker telephone or an extension arm or goose‑neck to hold a phone receiver; and

        Providing special headng or air conditioning units for persons whose disabilities make them sensitive to environmental temperatures.

 

APPENDIX A

 

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (Contd)

 

(3)††††† Accessible Facilities ‑ Under Section 504 of the Rehabilitation Act of 1973, as

amended, all Federal agencies must ensure that their programs and activities are

accessible to persons with disabilities. This does not mean that every element of every

Federal facility has to be fully accessible. Rather, it means that agencies must take

necessary steps to make all of their programs accessible to persons with disabilities.

Additionally, agencies may have to eliminate architectural barriers as a matter of

reasonable accommodation to an individual employee or applicant under Section 501

of the Rehabilitation Act of 1973, as amended. Eliminating architectural barriers

through such means as ramps, wider doorways, elevators, work platforms, and

handrails often make the work facility more usable by all employees, not just those with

disabilities.

 

(4)††††† Adjusting Work Schedules ‑ Some individuaIs with disabilities are denied employment opportunities because they cannot meet the requirements of a standard 40‑hour workweek. For these individuals, accommodations can be made as follows:

 

        Eligible employees requiring medical treatment may use one of the alternative work schedules (flex‑time, credit hours, and compressed work schedules) to accommodate their work needs;

        Employees who need rest periods can have their schedules adjusted to make up the time at the beginning or end of the work day; or

        Employees with mobility impairments who find it difficult to use public transportation during peak/rush hours, yet need to work a regular schedule can be allowed to do so even though others holding comparable jobs are required to work different shifts.

 

(5)††††† Flexible Leave Policies ‑ The Department's Alternative Work Schedules Programs may be used to accommodate employees with disabilities. For example, under the Flexi‑time Program, an employee may use different arrival/departure times on a daily basis or earn credit hours to use in lieu of annual or sick leave to accommodate medical appointments. The use of Alternative Work Schedules requires the interpretation of excused absences, administrative leave, sick leave, and leave without pay. Leave policies may also include granting extended leave without pay for illness or disability. Persons with disabilities may also qualify for leave under the Family and Medical Leave Act. Other examples of flexible leave policies are as follows: (See HUD Handbook 600.1 REV‑3, Hours of Duty, Absence, and Leave for specific policy guidance on establishing and/or changing work schedules).

 

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (contíd)

 

 

(a)††††††† Excused Absence With Pay;

 

(1)††††† Training on Duty Time. A normal duty time absence may be granted when an employee With a disability must attend training on a job‑related assisfive device, such as a closed circuit magnifIcation system which enlarges the size of printed material, or a paperless braille machine which converts printed images to tactile cues for blind and severely visually impaired persons.

 

(2)†††††† Inclement Weather. In inclement weather, it is impossible for certain

employeeswith disabilities to report to work on time, or to report to work

at all, even though HUD offices are officially open. For example, a mobility

impaired employee may be unable to maneuver on ice; visually impaired

persons are often affected by snow and ice due to the muffling of sound

and the inability to use a cane properly, persons with heart conditions and

respiratory problems also have difficulty if they must walk long distances to

get to public transportation. When a mobility impaired employee is assigned

to a supervisor (and in the event of inclement weather), the supervisor

should immediately consult the employee to determine how the employee

usually gets to and from work and how adverse weather conditions affect

their commuting.

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

(3)†††††† Temporary Adverse Worksite Conditions. Excused absences (annual

††††††††††† or administrative leave) may be granted when temporary building conditions,

††††††††††† such as extreme heat or cold, fumes from spraying, etc., adversely affect

††††††††††† persons with neurological disorders or respiratory ailments and temporary

††††††††††† relocation is not an option.

 

(b)††††† Extended Leave Without Pay. Extended leave without pay may be granted with the appropriate medical documentation for treatment of a medical limitation/condition and for retraining of an employee who becomes disabled.

 

(c)†††††† Annual or Administrative Leave. As with all employees, managers and supervisors may grant annual leave or give administrative leave for meetings or conventions where it can reasonably be expected that attendance would increase an employee's knowledge, skills, abilities, or potential regardless of their medical limitation/condition.

 

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (cont'd)

 

(d)†††† Sick Leave. An individual who uses prosthetic devices such as a wheel chair, crutches, a guide dog, or other similar systems should be allowed to use reasonable amounts of sick leave for equipment repair, guide dog and/or cane training, or medical treatment. The Office of Personnel Management (OPM) considers an assistive device, or a guide dog, to be an extension of the body.

 

(6)†††† Providing Equipment ‑ Through new technologies, numerous assistive devices are available to aid individuals with disabilities. As a general rule, HUD will purchase equipment if it is determined that:

 

        the use of the equipment is necessary for transaction of the offlcial business of

†††††††††† the Department;

 

        its purchase does not create an undue hardship to the Department; and

 

        the equipment is not a personal item that the employee could reasonably be expected to provide.

 

Such equipment becomes the property of HUD. Equipment will not be purchased simply for an individual's convenience.

 

Equipment cannot be of a personal nature such as eyeglasses, wheelchairs, prosthetic limbs or similar devices, and must be directly related to the performance of the job. Before purchasing any equipment, the employee must be consulted to determine what is needed and/or wanted. In many cases, the person may have adapted to their medical limitadon/condition in such a way that no specialized equipment. is necessary.

 

When making authorization decisions, consideration should be given to how well the employee would perform without the equipment or device. Would the employee's performance improve, and be more efficient and effective, with the equipment?

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (contd)

 

SPECIFIC EXAMPLES OF SPECIALIZED EQUIPMENT THAT MAY BE PROVIDED IF WARRANTED BY PARTICULAR JOB DUTIES ARE:

 

(a)†††††† Persons who are visually impaired: additional lighting; lamps; magnifiers; illuminated magnifiers; closed circuit television magniflers; and large print systems for computers and word processors.

 

(b)†††††† Persons who are legrally or totally blind: braille writers; Braille paper; tape recorders; dictating equipment; electronic correcting typewriters; talking calculators; light≠sensitive probes; paperiess braille devices; and talking computerized devices.

 

(c)†††††† Persons who are deaf or heatinz impaired: telephone amplifying devices; portable or stationary telecommunication devices (TDDs); lights that flash as an alarm system; and/or vibrating beepers.

 

(d)†††††† Persons who are orthopedically disabled: adjustable office chairs; custom desks;

††††††††††† speaker phones for those who cannot use a handset, dictating equipment

††††††††††† for those who cannot type or write longhand; and electric staplers, electric pencil

††††††††††† sharpeners, electric date stamps, etc., for persons with limited strength.

 

 

(7)†† Providing Readers, Interpreters, and Personal Assistants ‑

 

(a)†††††† Readers for Persons who Blind or Vision lmpaired: When a reader is assigned to provide reading assistance to a specific blind or severely visually impaired employee, the employee should be involved in the selection process, since the reader and employee must be compatible. Providing reading assistance to an employee in no way relieves HUD of its responsibility to provide secretarial, clerical and/or stenographic assistance to that employee in those instances where the employee's position requires or entities such assistance. In most instances, the same person will be providing reading, clerical, secretarial, and/or stenographic assistance to the employee. Also, you may contact organizations for the visually impaired/blind which provide volunteer readers. The Disability Program Manager shall monitor the performance of readers/interpreters, in consultation with the individual with the disability and the individual's manager and supervisor, to ensure their effectiveness. As appropriate, the Disability Program Manager will take immediate action to address any deficiencies and to replace readersrinterpreters as deemed necessary.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (cont'd)

 

(b)††††† Interpreters for Persons with Hearing lmoairments: Employees who have gained sufficient skill in sign language may provide day‑to‑day communication services for their deaf or hearing‑impaired co‑workers. If a particular job performed by a deaf or hearing‑impaired person requires a degree of interpreting skill not available through the use of co‑workers, a qualified interpreter should be sought. In some offices, interpreter services should be sought through contract.

 

(c)††††† Personal Assistants for Other Persons With Disabilities: The need for assistant services varies among severely physically disabled persons depending on the individual's circumstances. If an employee's disability is so severe that they need assistance during meals, arranging work materials., or transferring from a wheel chair to a taxi or other modes of transportation, this assistance may be provided by a personal assistant.

 

(8)††††† Meetings, Conferences, Seminars, and Traininiz Programs‑ All HUD meetings, conferences, seminars, and training programs held either in public or private facilities must be accessible to individuals with disabilities. Accessibility means access both to facilities and to programs and services so that individuals with sensory and mobility impairments can participate. In addition to accessible facilities, all programs will be made accessible to deaf or hearing.‑impaired persons through an interpreter and to blind persons through a reader or braille or taped materials.

 

Managers and supervisors are responsible for assuring that all their employees can equally participate in office functions (e.g., staff meetings, training, awards ceremonies, etc.). No employee should be denied opportuunities to participate in such activities solely because they are disabled unless an undue hardship can be demonstrated by the agency.

 

(9)††††† Alternate Format Materials ‑ Federal agencies must provide alternate format materials or other auxiliary aids and services that will allow persons with disabilities who have vision impairments full access to written materials used in the course of their employment,. including such things as employee manuals and leave and earning statements. Alternate formats include braille, large print, audiocassette recordings, and electronic copies on computer disks.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (contíd)

 

(10)†† Reassignment ‑ In cases of current employees who develop disabilities during their

†††††††††† employment, or whose disabilities are aggravated during their careers, managers and

†††††††††† supervisors have a responsibility to make a concerted effort for their continued

†††††††††† employment. Reassignment is the last resort and is required only after it has been

†††††††††† determined that: (1) there are no effective accommodations that will enable the

†††††††††† employee to perform the essential functions of his/her current position, and

†††††††††† (2) all other accommodations would impose an undue hardship. The Department

†††††††††† must consider reassignment as a reasonable accommodation when an

†††††††††† employee, due to a disability, can no longer continue performing the essential

†††††††††† function of his/her position, even with reasonable accommodation. The Disability Program

†††††††††† Manager, in coordination with the affected managers and supervisors, shall look for a

†††††††††† vacant position that is equivalent to the employee's current position in terms of a number of

†††††††††† factors, including grade, level of work assignments, pay, benefits, and geographical location.

†††††††††† If no equivalent vacant position exists, then you must look for a lower position

†††††††††† that is as close as possible to the employee's current position. Although this

†††††††††† is a non‑competitive process, the employee must be qualified for the vacant

†††††††††† position. The employee is deemed qualified If s/he satisfies the requisite skill,

†††††††††† experience, education, and other job related requirements of the vacant position

†††††††††† and (2) can perform the essential functions of the position with or without

†††††††††† reasonable accommodation. There is no requirement that a new position be

†††††††††† established to accommodate an employee with a disability. HUD's reassignment

†††††††††† responsibilities involve only existing positions.

 

Under OPM's disability retirement procedures, reassignment must be considered whenever an employee seeks disability retirement. The agency must demonstrate that efforts were made to reassign the employee to a vacant position at the same grade or Pay within the commuting area. While the disability retirement regulations limit reassignment only to the commuting area, no such specific limitations pertain to reassignment for reasonable accommodation. It is appropriate to consider vacancies that may exist in other offices, particularly for persons in higher‑graded positions, if they are willing to voluntarily relocate. The cost of a permanent change of duty station move will usually be at the employee's expense (hardship transfer, etc.), unless itís advantageous to the agency. The Office of Human Resources must approve all reassignments. The Personnel Specialist who will conduct the search for an available vacant position will vary depending on their assigned organizational area of responsibility. Notwithstanding, the servicing Personnel Specialist will consult with the Disability Program Manager and/or the requesting employee's supervisor on available positions and with the employee, as necessary, to determine whether there are limits

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (cont'd)

 

on the search for vacancies; whether the employee is qualified for a particular job, or whether the employee would need reasonable accommodation to perform the essential functions of the vacant position.

 

(11)†† Accommodations for Persons With Leaming Disabilities ‑ According to the most widely used definition (as stated in Public Law 94‑142, The Education for all Handicapped Children Act), a leaming disability is a disorder in one or more of the basic processes in using spoken or written language in the presence of normal or above average intelligence. The disorder may manifest itself in problems relating to learning, thinking, speaking, reading, writing, spelling, or doing mathematical calculations.

 

Management has a responsibility to ensure that persons with leaming disabilities are provided.every opportunity to take full advantage of training needed to meet their career development goals. A leaming disability is an invisible handicap. Managers and careersupermors may not be aware that persons with leaming disabilities may require special attention and services to reasonably accommodate their impairments. However, as with any person with a disability, it is the person's responsibility to request a reasonable accommodation. Accommodation is necessary to assure that persons with leaming disabilities are provided an opportunity to contribute productively and to receive meaningful training.

 

THE FOLLOWING GUIDANCE DISCUSSES THE MAJOR TYPES OF LEARNING DISABILITIES AND SUGGESTS TYPES OF ACCOMMODATIONS:

 

(a)†††††† Visual. Many people With visual perceptual problems have difflculty with accuracy, such as reversing numbers and placing words in the wrong spaces on a form. Therefore, people with this leaming disability may need their material thoroughly checked for grammar or word or number reversals.

 

        Auditory. People with auditory perceptual problems often need to work in quiet surroundings. Many people with this leaming disability may request that directions be clarified or repeated. In this case, either a written copy of instructions or repeating the instructions may be helpful. It helps to use short sentences and to enunciate clearly and, when possible, demonstrate the task.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (cont!d)

 

(c)††††† Motor. People with motor problems have trouble moving their bodies efficiently to achieve a certain goal. Their brains have difficulty telling their bodies what to do. The result is clumsiness and difficulty in working with their hands. The three types of motor problems are: (1) perceptual Ė difficulty ††††††††††† in performing a task requiring coordination; (2) visual ‑ problems seeing something

†††††††††† and then doing it with the hands (e.g. copying or leaming to do movements by watching someone else); and (3) auditory ‑ problems hearing something and then doing it with the hands (e.g. following oral instructions or taking notes). For the most part, these people will require accommodations needed by persons with perceptual, visual, and auditory problems. The key is to be flexible and

††††††††††† open to new ways of doing things.

 

(d)†††††† Tactile. People who have difflculty taking information in through the sense of touch may have tactile perceptual problems. They may not like being touched by others and may prefer to work alone. If a person has difficulty feeling the difference between two similar objects, they may have tactile discrimination problems. This person may have trouble assembling or judging the right amount of pressure needed to bend and twist a plastic wire without breaking it. Thus, a situation that will not require these tactile distinctions is desirable.

 

(e)††††† Academic. Dyslexia, which refers to certain difficulties in learning to read, is one of the best‑known leaming disabilities. Those with severe dyslexia and who have never received remediation may not read at all, or read with great difficulty. Some persons with dyslexia are able to train themselves to read fairly well, while others prefer to take notes or use a tape recorder. Other leaming disabilities classified as academic disabilities include: (1) Dysgraphia, the inability to write, and (2) Dyscalculia, the inability to do mathematics.

 

Reasonable accommodations in the above conditions require little or no expense, but rather a degree of sensitivity and patience and a sense of responsibility on the part of the supervisor and the individual with the learning disability.

 

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (cont'd)

 

(12)†† Accommodations for Persons With Mental or Emotional Illness ‑ Employees undergoing treatment for mental or emotional illness should be given assistance similar to those employees who are abusing or addicted to alcohol. Persons who do not participate in an Employee Assistance Program (EAP), but are seeking treatment of a mental or emotional illness is also to be accommodated. These accommodations can be made through the use of alternative work schedules, workload adjustments, established leave provisions or physical changes or equipment. When managers/supervisors have to decide on an accommodation for an employee who is mentally restored, they should consult with the employee, EAP Coordinator, and the Employee Relations staff before a final decision is made on the type of accommodation. Example's of mental or emotional illness include major depression,. bipolar disorder, anxiety disorders (which include panic disorder, obsessive compulsive disorder and post‑traumatic stress disorder), schizophrenia, and personality disorders.

 

(13)†† Accommodations for Alcoholics ‑ Alcoholics have been determined to be individuals with disabilities for purposes of reasonable accommodation. The Department also has an obligation, under Part 5 CFR 792.101 ‑105, where an employee has a possible alcohol problem that affects work performance, to assist the employee by providing an opportunity for the employee to find treatment before disciplinary action is taken (See HUD Handbook 792.2 REV‑2, Employee Assistance Program).

 

Under the EAP, employees are given a reasonable chance to successfully rehabilitate themselves for alcohol abuse/addiction through hospitalization for detoxification, inpatient, and/or outpatient treatment, aftercare, ongoing support through various support groups, or whatever combination is deemed appropriate by medical and other qualified professional personnel. Employee parcicipation in the EAP is voluntary and should not be denied to employees who are willing to enter these programs. Managers should allow the employee to participate in the EAP and return to work to demonstrate acceptable performance, conduct, and/or attendance. Any recurrence of the earlier problems after all accommodations have been made, or the employee's unwillingness to participate in the EAP, will be handled through the personnel procedures for adverse action.

 

I

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX A

 

FORMS OF REASONABLE ACCOMMODATION (contd)

 

(14)†† Accommodations for Persons who have Acquired Immune Deflciency Syndrome ‑Employees with Acquired Immune Deficiency Syndrome (AIDS) should be allowed to continue to work, as long as they are able to maintain an acceptable level of performance, and do not pose a health or safety risk for themselves or others.

 

Reasonable accommodation will be made as long as the affected employee is able to perform the essential functions of his/her position with such accommodations. With respect to job restructuring, details, reassignments, or other changes in position for employees diagnosed with AIDS, any accommodations made will be done in the same manner as they would for any other employee whose medical conditions affect job performance. Also, any employee with AIDS or, any of its related conditions may request sickk leave, annual leave, or leave without pay to pursue medical care or to recuperate from the effects of his/her medical conditions.Available medical documentation will be reviewed and any determinations to grant or deny leave should be made in accordance with HUD leave policy and negotiated labor agreements.

 

(15)††† Accommodations for Persons who are Drug Users‑ Individuals currently using illegal †††††††† drugs are no longer considered individuals with disabilities and, therefore, reasonable accommodation will not be provided. However, this does not exclude an individual who:

 

(a)†††††† has successfully completed a supervised drug rehabilitation program and is no longer using illegal drugs or has other-wise been rehabilitated successfully and is no longer using illegal drugs; or

(b)†††††† is participating in a supervised rehabilitation program and is no longer using

††††††††††† illegal drugs; or

(c)†††††† is erroneously regarded as using illegal drugs, but is not engaging in such use.

 

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APPENDIX F

 

GLOSSARY OF FUNCTIONAL LIMITATIONS

 

1.†††††† Difficulty in Handling and Fingering.

 

Decreased mobility, range of motion, and/or strength in the hands. Difficulties such as amputations, arthritis, cardiac disorders, cerebral palsy, stroke, congenital deformities, polio, multiple sclerosis, muscular dystrophy, and spinal cord injury may cause this limitation.

 

2.†††††† Difficulty in Interpreting Information.

 

Limited ability to interpret or understand the meaning of spoken or written information. Disabilities such as cerebral palsy, stroke, leaming disability, and mental retardation may cause this limitation.

 

3.†††††† Difficulty in Lifting and Reaching With Arms.

 

Decreased mobility, range of motion, and/or strength in their upper extremities. Disabilities such as cardiac conditions, cerebral palsy., congenital deformities, multiple sclerosis, muscular dystrophy, and spinal cord injury may cause this limitation.

 

4.               Difficulty of Moving Head.

 

Cannot easily look up, down and/or to the side. Disabilities such as arthritis, cerebral palsy, muscular dystrophy, and Parkinson's Disease may cause this limitation.

 

5.††††††† Difficulty in Sitting.

 

Lack of sixength, restriction of motion, and/or lack of trunk control in bending, turning or balancing. Disabilities such as arthiitis, congenital deformities, scoliosis (lateral curvature of the spine), and spinal cord injury may cause this limitation.

 

6.††††††† Difficulty in Using Lower Extremities.

 

Slowness of gate, impairment of kneeling, rising, walking, standing, and/or stair climbing. Disabilities such as arthritis, cancer, cardiac disorders, cerebral palsy, stroke, multiple sclerosis, muscular dystrophy, congenital deformities, and spinal cord injury may cause this limitation.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Contíd)

 

AGENCY RESOURCES (contíd):

 

5.††††††† Advisory Committee for Persons with Disabilities ‑ provides advice and feedback to management on issues related to the employment of persons with disabilities.

 

6.††††††† Office of Human Resources ‑ provides information and advice on a wide range

of personnel issues including recruitment sources and procedures, special

employment programs, and excepted appointing authorities for hiring persons

with disabilities. Headquarters Office of Human Resources can be reached at

(202) 708‑2000.

 

7.†††††††† Employee Assistance Proeram (EAP) ‑ provides information and advice

pertaining to the prevention, treatment and rehabilitation of employees with

respect to alcoholism, drug abuse, and other personal‑medical‑behavioral

problems and reasonable accommodation.The Headquarters EAP is located in

the Office of Human Resources and can be reached at (202) 708‑0523.

 

8.†††††††† Assistant Secretary for Fair Housing and EqualOpportunity (FHEO) ‑ The

Assistant Secretary for FHEO has Department‑wide responsibility for handling

program and facility accessibility issues under Section 504 of the Rehabilitation

Act of 1973, as amended. FHEO can be contacted at (202) 708‑4252.

 

9.†††††††† Chief Information Officer (CIO) ‑ The Chief Information Officer has Department‑wide responsibility for handling technology accessibility issues under Section 508 of the Rehabilitation Act of 1973, as amended. CIO can be reached at (202) 708‑4401.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Contd)

 

B.††††††††††† GOVERNMENTWIDE:

 

1.††††††† Architectural and Transportation Barriers Compliance Board

Office of Technical Information Services

1111 1 8th Street, NW

Suite 501

Washington, D.C. 20036‑3894

(202) 653‑7848 (Voice/TDD)

 

‑‑-Provides information and guidance on facility accessibility.

 

2.†††††††† Equal Employment Opportunity Commission (EEOC)

††††††††††† 1801 L Street, NW

††††††††††† Washington, D.C. 20507

††††††††††† (202) 663‑4842 (Voice) or (202) 663‑4053 (TDD)

 

--- Provides guidance to federal agencies on developing and implementing affirmative employment programs for hiring, placement and advancement of persons with disabilities. Adjudicates complaints on appeals to the Office of Review and Appeals.

 

3.††††††† Department of Justice (DOJ)

†††††††††† Coordination and Review Section

†††††††††† Civil Rights Division

†††††††††† 1Oth and Pennsylvania Avenue, NW

†††††††††† Washington, D.C. 20530

†††††††††† (202) 724‑2222 (Voice) or (202) 724‑7678 (TDD)

 

‑‑‑ Publishes Technical Assistance Guides (TAGs) that provide information and resources on a wide variety of subjects related to persons with.disabilities. Examples are: telecommunication devices for deaf people, access to public meetings, assistance devices, and interpreter referral services.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX G

 

RESOURCES (Cont'd)

 

4.†††††††† General Services Administration (GSA)

††††††††††† Federal Information Relay Service

††††††††††† Office of the Assistant

††††††††††† 7th and D Streets,SW

††††††††††† Washington, D.C. 20407

††††††††††† (202) 708‑9300 (Voice/TDD) or 1‑800‑877‑8339 (Voice/TDD)

 

‑‑- Operates a relay service that makes telephone communication of Federal Government business possible between persons who are hearing impaired and persons who can hear. Any member of the public, in any of the contiguous 48 states, needing to contact an agency of the Executive, Legislative or Judicial branches of the Federal Government can initiate a call to the TDD relay service. It can also be used by Federal employees needing to contact a member of the public through TDD. It makes it possible for a person with a hearing impairment to communicate with a person who can hear. The relay operator will.relay messages, between.conversing parties via the TDD in one direction and orally in the other direction.

 

5.†††††††† General Services Administration (GSA)

††††††††††† Clearinghouse on Computer Accommodations

††††††††††† 18th and F Streets, NW

††††††††††† Washington, D.C. 20405

††††††††††† (202) 523‑1906 (Voice/TDD)

 

‑‑- Provides information on computer accommodations for persons with disabilities and assistance with computer‑related problems.

 

6.†††††††† National Council on Disability

††††††††††† 800 Independence Avenue, SW

††††††††††† Suite 8 14

††††††††††† Washington, D.C. 20591

††††††††††† (202) 267‑3846 (Voice)

††††††††††† (202) 267‑3232 (TDD) or 1‑800‑877‑8339 (Voice/TDD)

 

‑‑- Addresses, analyzes and makes recommendations on issues of public policy that affect persons with disabilities.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Contd)

 

7.†††††††† Office of Personnel Management (OPM)

††††††††††† Office of Affirmative Employment Programs

††††††††††† Selective Placement Programs

††††††††††† 1900 E Street, NW

††††††††††† Washington, D.C. 20415

††††††††††† (202) 632‑0643

 

‑‑- Provides information and publications on excepted appointing authorities for hiring persons with disabilities; guidance on personnel policies, reasonable accommodation and other aspects of the employment of persons with disabilities.

 

8.†††††††† President's Committee on Employment of People with Disabilities

1331 F Street NW

Washington, D.C. 20004‑1107

(202) 376‑6200 or 653‑5044 (Voice)

(202) 376‑6202 (TTD/TTY) or 653‑5050 (TDD)

 

‑-- Provides material and assistance related to the employment of persons with disabilities, and operates the Job Accommodation Network (JAN).

 

9.†††††††† Job Accommodation Network (JAN)

††††††††††† P.O. Box 468

††††††††††† Morgantown, West Virginia 26505

††††††††††† 1‑800‑JAN‑7234 (Voice/TDD)

††††††††††† 1‑800‑526‑4698 (in West Virginia)

 

‑-- Provides employers with information on making accommodations for employees with disabilities.

 

10.††††† President's Committee on Mental Retardation

††††††††††† 300 Independence Avenue, SW

††††††††††† Room 4262

††††††††††† Washington, D.C. 20201

††††††††††† (202) 245‑7634

 

‑‑- Provides information on persons with mental retardation.

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Cont'd)

 

11.††††† United States Department of Agriculture (USDA)

†††††††††† TARGET (Technology Accessible Resources

†††††††††† Gives Employment Today) CENTER, Room 1006

†††††††††† Fourteen and Independence Avenue, SW

†††††††††† Washington, D.C. 20250

†††††††††† (202) 720‑2600 (Voice/TDD)

 

‑-- Provides information resources and technology demonstrations to assist employees in locating and selecting equipment adapted to the needs of dwbied employees. The Center aids in making information and micro‑computer technology accessible to persons with vision, hearing, speech and mobility impairments.

 

12.           Department of Veterans Affairs

††††††††††† lnformation Technology Center

††††††††††† 810 Vermont Avenue, NW

††††††††††† Washington, D.C. 20420

††††††††††† (202) 233‑5525

 

‑-- Operates an extensive demonstration center of computer technology usable by persons with disabilities.

 

13.††††† ADA Disability and Business Technical Assistance Centers (DBTACS) 1‑800‑949‑4232 (Voice/TT)

 

The DBTACs consist of 10 federally funded regional centers that provide information, training, and technical assistance on the ADA. Each center works with local business, disability, governmental, rehabilitation, and other professional networks to provide current ADA information and assistance, and places special emphasis on meeting the needs of small businesses. The DBTACs can make referrals to local sources of expertise in reasonable accommodations.

 

 

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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APPENDIX G

 

RESOURCES (Cont'd)

 

14. Registry of Interpreters for the Deaf

 

The Registry offers information on locating and using interpreters and transliteration services. (301) 608‑0050 (VoiceM)

 

RESNA Technical Assistance Project

(703) 524‑6686 (Voice) (703) 524‑6639 (TT)

 

RESNA, the Rehabilitation Engineering and Assistive Technology Society of North America, can refer individuals to projects in all 50 states and the six territories offering technical assistance on technology-related services for Individuals with disabilities. Services may Include: (1) information and referral centers to help determine what devices may assist a person with a disability (including access to large data bases containing information on thousands of commercially avallable assistive technology products); (2) centers where individuals can try out devices and equipment, assistance in obtaining funding for and repairing devices; (3) and equipment exchange and recycling programs.

 

C.††††††† NON‑FEDERAL.

 

1.†††††††† Organizations: National, state and local organizations can provide resources

and information on the employment of persons with specific disabilities. They

can also provide technical assistance on making reasonable accommodation,

facility accessibility, training and employment of persons with disabilities. The

following are some organizations and associations that should be able to provide

guidance to managers and supervisors. The list is not inclusive, but can. act as .a

good starting point.

 

(a)†††††† Alexander Graham Bell Association for the Deaf

††††††††††† 3417 Volta Place, NW

††††††††††† Washington, D.C. 20007

††††††††††† (202) 337‑5220 (Voice/TDD)

 

(b)†††††† American Council of the Blind

††††††††††† 1010 Vermont Avenue, NW, Suite 1100

††††††††††† Washington., D.C. 20005

††††††††††† (202) 393‑3666 or (800) 424‑8666

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

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††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† APPENDIX G

 

RESOURCES (Contíd)

 

(c)†††††† Association for‑Retarded Citizens of the United States

National Headquarters

2501 Avenue J

Arlington, Texas 76006

(817) 640‑0202

 

(d)†††††† Council of State Administrators of Vocational Rehabilitation

††††††††††† 1005 Thomas Jefferson Street, NW

††††††††††† Washington, DC 2007

††††††††††† (202) 638-4634

 

(e)†††††† Disabled American Veterans

††††††††††† 807 Main Avenue, SW

††††††††††† Washington, DC 20024

††††††††††† (202) 554‑3501

 

(f)††††††† Epilepsy Foundation of American

††††††††††† 4351 Garden City Drive,

††††††††††† Suite 406

††††††††††† Landover, Maryland 20785

††††††††††† (301) 459‑3700

 

(g)†††††† Institute for Rehabilitation and Disability Management (IRDM)

††††††††††† Washington Business Group on Health

††††††††††† 229 1/2 Pennsylvania Avenue, SE

††††††††††† Washington, DC 20003

††††††††††† (202) 547‑6644 (Voice/TDD)

 

(h)†††††† Leaming Disability Association (LDA Association for Children and Adults with Leaming Disabilities)

††††† 4156 Library Road

††††† Pittsburgh, Pennsylvania 15234

††††† (412) 341 ‑1515 or (412) 341‑8077

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Cont'd)

 

(i)†††††† Little People of America

††††††††††† Box 633

††††††††††† San Bruno, California 94066

††††††††††† (415) 589‑0695

 

(j)†††††† Mainstream, Inc.

1200 15th Street NW

Washington, DC 20005

(202) 833‑1136 (Voice/TDD)

 

(k)†††††† Muscular Dystrophy Assotiation

††††††††††† 810 Seventh Avenue

††††††††††† New York, New York 10019

††††††††††† (212) 586‑0808

 

(1)††††† National Association of the Deaf

††††††††††† 814 Thayer Avenue††††††††††††††††††††††††††

††††††††††††††††††††††††††††††††††††††††††††† Silver Spring, Maryland 20910

††††††††††† (301) 587‑1788 (Voice/TDD)

 

(m)†††† National Center for Leaming Disabilities

††††††††††† 99 Park Avenue

††††††††††† New York, New York

††††††††††† (212) 687‑7211

 

(n)              National Federation of the Blind

†††††††††††† 1800 Johnson Street

†††††††††††† Baltimore, Maryland 21230

†††††††††††† (301) 659‑9314

 

(o)††††† National Information Center on Deafness

††††††††††† Gallaudet University

††††††††††† 800 Florida Avenue, NE

††††††††††† Washington, DC 20002

††††††††††† (202) 651‑5052 (Voice), or (202) 651‑5976 (TDD), or

††††††††††† 1‑800‑672‑6720 (Voice/TDD)

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

†††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Cont"d)

 

(p)    ††† Multiple Sclerosis Society

††††††††††† 205 East 42nd Street

††††††††††† New York, New York 100 17

††††††††††† (212) 986‑3240

 

(q)              National Oreanization on Disability (NOD)

††††††††††† 2100 Pennsylvania Ave., N.W., Suite 2 3 4

††††††††††† Washington,, DC 20039

††††††††††† (202) 293‑5960 (Voice) or (202) 293‑5968(TDD)

 

(r)               National Rehabilitation Information Center

††††††††††† 8455 Colesville Road, Suite 935

††††††††††† Silver Spring, Maryland 20110‑3319

††††††††††† (301) 588‑9284 (Voice),. (301) 495‑5626 (TT),

††††††††††† or 1‑800‑346‑2742 (Voice)

 

(s)†††††† Spinal Cord lnjury Association

600 West Cummings Park

Suite 2000

Woburn, Massachusetts 01801

(617) 935‑2722 or 1‑800‑962‑9629

 

(t)††††††† Paralyzed Veterans of America

††††††††††† 810 Eighteenth Street,, NW

††††††††††† Washington,, DC 20006

††††††††††† (202) 872‑1300

 

(u)              Self Help for Hard of Hearing People

††††††††††† 7800 Wisconsin Avenue

††††††††††† Bethesda, Maryland 20814

††††††††††† (301) 657‑2248 (Voice) or (301) 657‑2249 (TDD)

 

(v)               United Cerebral Palsy Associations

††††††††††† 7 Penn Plaza

††††††††††† Suite 804

††††††††††† New York, New York 10001

††††††††††† (212) 268‑6655 or 1‑800‑962‑9629

 

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PROCEDURES FOR PROCESSING REASONABLE ACCOMMODATION

††††††††††††††††††††††††††† FOR INDIVIDUALS WITH DISABILITIES

 

APPENDIX G

 

RESOURCES (Contíd)

 

2.††††††† Centers for Independent Living (CIL): Independent living centers provide technical assistance and resources in a variety of areas including the employment of persons with disabilities. They can be found all over the country. A directory of independent living centers is available for a fee from:

 

(a)†††††† ILRU Research and Training Centers on lndependent Living

3400 Bissonnet Street

Suite 101

Houston, Texas 77005

(713) 666‑6244 (Voice) or (713) 666‑0643 (TDD)

 

(b)             U.S. Department of Education

††††††††††† Independent Living Branch

††††††††††† Rehabilitation Services Administration

††††††††††† Office of Special Education and

††††††††††† Rehabilitative Services

††††††††††† Washington, DC 20202

††††††††††† (202) 732‑1326 (Voice/TDD)

 

57