Between
U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
And
AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES
NATIONAL COUNCIL
OF HUD LOCALS 222
Subject:
Procedures for Providing Reasonable Accommodation for Individuals
with Disabilities
Scope: The scope of this supplement encompasses the impact and implementation of the Department’s procedures for providing Reasonable Accommodation for Individuals with Disabilities under Section 501 of the Rehabilitation Act of 1973, as amended, Executive Order 13164, and the Americans with Disabilities Act of 1990 (ADA). The U.S. Department of Housing and Urban Development strives to be a model employer and recognizes the needs of employees who suffer permanent and temporary disabilities. (IMPASSE)
1. Training – Management agrees to provide training on reasonable accommodation responsibility and applicable laws via various methods including interactive intranet and distance learning to HUD employees within 12 months. This Supplement will be included in the training materials.
2. Report – Management will provide to the HUD Council of Locals 222 within 30 days of receipt of a request which will list activities based on the field office from which the request was made, the date the request was submitted, the accommodation requested, the name and title of the deciding official, the date of the decision(s), a summary of the decision and the date the accommodation was provided.
3. Types of Reasonable Accommodations – Examples of reasonable accommodation are found in HUD Handbook 7855.1, Chapter 2, section 2-3 B. Each reasonable accommodation request will be reviewed and evaluated on a case- by- case basis.
4. Medical
Documentation – When medical documentation is required, it is limited to
the provisions set forth in HUD Handbook 7855.1, Chapter 4, section 4-4,
paragraph B-4. This information must be
provided by management too the employee in writing for submission to their
health care provider. Additionally,
management will provide the employee a list of his/her essential job duties and
may provide copy of the employee’s performance standards and a copy of their
position description, when necessary.
If after submission of the medical
documentation the manager believes that it is insufficient, he/she shall
provide to the employee in writing the reason and allow the employee an
opportunity to provide the missing information in a timely manner.
When the medical documentation resubmitted to management is insufficient, at its option, management may do any of the following: 1) offer a medical examination (including a psychiatric evaluation), at the agency’s expense, 2) allow the employee to provide additional medical documentation to management, 3) allow the employee to provide the additional medical documentation in a sealed envelope directly to management to be forwarded to HUD’s physician/Medical Review Officer, or 4) allow the employee’s physician to provide the medical documentation directly to HUD’s physician/Medical Review Officer.
Management will grant the employee a reasonable amount
of administrative leave to attend the offered examination.
If additional documentation is required the timeframes
in Handbook 7855.1 will be suspended until the information is received. If the information is not received within a
reasonable time, a final notice will be sent to the employee with a 15-day
deadline prior to denial.
5. Provisions of Essential Job Functions – Essential job functions are the fundamental or grade-controlling duties that an employee must be able to perform, with or without reasonable accommodation. Management agrees to provide an employee a copy of his/her current position description, highlighting the essential job functions and a copy of their performance standards within 15 days of the employee’s request.
6. Determination of Essential Job Functions – Essential job functions shall be determined by the employee’s first or second-line supervisor and certified as accurate by a qualified classifier.
7. Distribution
of Disability Program Manager (DPM) Information - The Department’s DPM contact information will be placed on the
official Equal Employment Opportunity Poster and distributed in HUD Headquarters
and field offices. This information
will also be posted under the Office of Departmental Equal Employment
Opportunity’s HUD web page.
8. Denial of Reasonable Accommodation Request – The management official who denies a reasonable accommodation request will complete the Form HUD 11600, Denial of Reasonable Accommodation request, and forward it to the HUD DPM within 3 days of the denial. The form will indicate the specific reason(s) for denial, outline the reconsideration process and notify the employee of their rights (Alternative Dispute Resolution (ADR), EEO Complaint process, Grievance process, or Merit Systems Protection Board process).
9. Previously
Approved Accommodation - An
employee who is already receiving a reasonable accommodation and has changing
or expanding needs for new or additional accommodation associated with the
existing medical condition, only those new or additional needs shall be subject
to review and evaluation. When a
permanent disability has been established it will not be subject to further
medical documentation, or revocation.
10. Delay in Management Decision - If an employee’s reasonable accommodation request is not processed within the timelines stated in Handbook 7855.1, management will make every effort to provide an alternative accommodation on interim basis. It is understood that unnecessary delays may result in a violation of the American with Disabilities Act, the Rehabilitation Act of 1973 or other applicable laws.
11. Subsequent Agreements – Management agrees that nothing in this Handbook supersedes the HUD/AFGE Agreement. Including but not limited to Supplement 31 Alternative Dispute Resolution (ADR) Program.
12. Local Bargaining – The parties agree that Impact and Implementation (I&I) bargaining shall be conducted at the local level as appropriate.
13. Union Representation – When an employee requests union representation or assistance in a reasonable accommodation process the representative will use official time as outlined in Article 7 of the HUD/AFGE Agreement.
14. Final Decision – The Reasonable Accommodation Committee (RAC), on behalf of the Department, shall make the final decision regarding the denial of a reasonable accommodation request.
15. Reasonable Accommodation Committee (RAC) – The Director of Office of Departmental Equal Employment Opportunity will not participate as a member of the RAC.
16. Implementation
– Management agrees that the implementation of a decision to grant a reasonable
accommodation request will be met within 30 business days unless there is an
extenuating circumstance.
17. Funding
– The Chief Financial Officer has Department-wide control over the allocation
of funds in support of all reasonable accommodations.
18. Partial
approval – In the event that an employee requests multiple reasonable
accommodations, any portion readily approvable will be provided. The remainder will be processed through the
procedures as outlined.
19. Privacy Act – The Rehabilitation Act requires that all medical information be kept confidential. This means that all medical information the agency obtains in connection with a request for reasonable accommodation must be kept in files separate from the individual’s personnel files. It also means that any employee who obtains or receives such information is strictly bound by these confidentially requirements. Managers and supervisors are responsible for the safe keeping and confidentially of all documents medical or otherwise obtained during the processing of reasonable accommodation requests.
20. Emergency Evacuation Plan – Any medical information released to assist in the development of the emergency evacuation plan shall be subject to the confidentially requirements of Handbook 7855.1.
21. EEO Complaint Process – If an employee’s request for reasonable accommodation is denied, he/she has a right to file an EEO complaint within 45 days of the denial, even if he/she is participating in the ADR process.
22. Reassignment – Management agrees that reassignment will be considered as a form of reasonable accommodation if the agency determines that no other reasonable accommodation will permit the employee with a disability to perform the essential functions of his or her current position.
Management will reassign the employee to a vacant position that is equivalent in terms of pay, status, or other relevant factors (e.g., benefits, geographical location) if the employee is qualified for the position. If there is no vacant equivalent position, management will reassign the employee to a vacant lower level position for which the individual is qualified. If there is more than one vacancy for which the employee is qualified, management will place the employee in the position that comes closest to the employee’s current position in terms of pay, status, etc. A position is considered vacant even if management has posted a notice or announcement seeking applications for that position. Management does not have to bump an employee from a job in order to create a vacancy; nor does it have to create a new position.
(“Vacant” means that the position is available when the employee asks for the accommodation, or that the employer knows that it will become available in a reasonable amount of time. A reasonable amount of time will be determined on a case-by-case basis.)
23.
Position Description and EPPES – Position
Descriptions will be modified when applicable to match the employee’s
duties. Performance evaluation (EPPES)
will be modified to match the position description.
24.
Electronic Technology Equipment – (IMPASSE)
Management’s proposal -Reasonable accommodation requests for electronic technology (ET) equipment will be submitted via Form HUD 22006. Form HUD 22006 will be submitted to the local Information Technology (IT) representative for processing. Further information can be obtained via the IT website (http://hudweb.hud.gov/po/i/508).
Union’s proposal – Reasonable Accommodations requests for electronic technology (ET) equipment will be submitted via HUD Form 22006. HUD Form 22006 will be submitted to the local Information Technology (IT) representative for processing. Standard equipment will be provided to the employee, normally, within forty-eight (48) hours. If the request is for non-standard ET equipment that cannot be provided within forty-eight (48) hours, IT will provide the individual a notice of when the equipment is expected to be provided. Requests that involve both electronic technology and other reasonable accommodation request processing will run concurrently.
25. (IT) Information Technology: (IMPASSE)
Unions proposal: Management agrees that the provisions of Handbook 7855.1 applies to electronic technology reasonable accommodation requests in all aspects, except processing of the request, as is outlined in the item above.
26. Additions to Handbook 7855.1 – (IMPASSE)
27. Appendix 7 – Management will review and update Appendix 7 of Handbook 7855.1 prior to print and distribution.
28. Portability of equipment – If an employee physically moves or relocates, equipment obtained under a reasonable accommodation request will be transferred or replaced.
29. Executive Order 13164 – Management agrees that a copy of the Executive Order 13164 will be an appendix to Handbook 7855.1.