Reasonable Accommodation FAQs - Frequently Asked Questions
Below are versions of the questions we hear most often about Reasonable Accommodations If you'd like more information about the questions or the responses to them, please feel free to contact a steward or the NTEU Office (859) 669-5700 or (859) 669-5370
1. What is a Reasonable Accommodation?
2. What are the a Successful Accommodation?
3. Are temporary conditions covered under the law?
4. Who is entitled to reasonable accommodation?
5. How do I request a Reasonable Accommodation ?
6. How Can Managers request interpreter services ?
7. What is the role of he Reasonable Accommodation Coordinator ?
8. When is the IRS obligated to make a reasonable accommodation ?
9 . Am I required to tell the manager I have a disablity?
10 . When can the IRS request medical documentation ?
11 . Where can I Get information regarding the IRS parking policy?
12 . What is Assistive technology ?
13 . What If the Request is Denied ?
14 . What Forms do I need ?
1.What is a Reasonable Accommodation ?
The Rehabilitation Act of 1973 requires federal agencies to provide reasonable accommodation (RA) to qualified employees or applicants with disabilities, unless to do so will cause an undue hardship. The Rehabilitation Act of 1973 states, “In general, an accommodation is a change in the work environment, or in the way things are customarily done, that would enable an individual with a disability to enjoy equal employment opportunities.” An employee may request “reasonable accommodation” as modifications or adjustments:
- · To a job application process to permit an individual with a disability to be considered for the position the applicant desires;
- · To the work environment to enable a qualified individual with a disability to perform the essential functions of that position; or
- · To enable a qualified employee with a disability to enjoy benefits and privileges equal to those of employees without disabilities (such as removing physical barriers in an office cafeteria).
According to the IRS Policy Statement P-1-47, the IRS shall make reasonable accommodations for all qualified applicants or employees with physical or mental disabilities, in accordance with the law.
2.Are temporary conditions covered under the law?
How long an impairment lasts is a factor to be considered, but does not by itself determine whether a person has a disability under the Rehabilitation Act of 1973. The basic question is whether an impairment “substantially limits” one or more major life activities. This question is answered by looking at the extent, duration, and impact of the impairment. Temporary, non-chronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. Generally, broken limbs, sprains, concussions, appendicitis, common colds, or influenza generally would not qualify as disabilities. For example, a broken leg that heals normally within a few months would not be a disability under the Rehabilitation Act of 1973. However, if a broken leg took significantly longer than the normal healing period to heal, and during this period the individual could not walk, he/she would be considered to have a disability. Or, if the leg did not heal properly and resulted in a permanent impairment that significantly restricted walking or other major life activities, he/she would be considered to have a disability.
3.What are the steps to a Successful Accommodation ?
4.Who is entitled to reasonable accommodation?
The Rehabilitation Act of 1973, as amended, requires federal agencies to provide reasonable accommodation for known disabilities of qualified employees and applicants.
For purposes of the Rehabilitation Act, the term "qualified disabled individual" refers to disabled applicants or employees who satisfy the requisite skill, experience, education and other job related requirements of the position, and can perform the essential functions of the position, either with or without reasonable accommodation, and do so without endangering the health or safety of others. Therefore, under the provisions of the Rehabilitation Act, managers have a duty to make reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with disabilities unless it can be shown that the accommodation would cause an undue hardship to the Agency.
5.How do I request a Reasonable Accommodation?
When you decide to request an accommodation, you or your representative must let the manager know that you need an adjustment or change at work for a reason related to a medical condition. A Request for Reasonable Accommodation Form is available on-line for your use and to provide to your manager.
An overview of the reasonable accommodation process and tools to assist you in the interactive process between manager and employees are available for your use in the Manager's Guide to Reasonable Accommodation and Employee's Guide to Reasonable Accommodation.
6.How can managers request interpreter services?
Managers are the authorizing officials for all interpreting service requests and should follow the existing process for their respective business units for requesting these services. Requests require advance notice in order to ensure the availability of a sign language interpreter. Read the Interpreting Services Funding and Procedures Memorandum for more information.
7.What is the role of the Reasonable Accommodation Coordinator?
The local Reasonable Accommodation (RA) Coordinator has expertise in the requirements of the Rehabilitation Act, potential accommodations, and available resources, to be a resource for individuals with disabilities and Agency decisions.
The local RA Coordinator will explain to the employee and manager how the agency will process a request for reasonable accommodation, and from whom the individual will receive a decision.
If the disability or need for an accommodation is not obvious, the RA Coordinator will request information sufficient to substantiate that the employee is a qualified individual with a disability under the Act.
The local RA Coordinator will follow up with the employee after a reasonable period of time.
The local RA Coordinator will review documentation submitted by the employee and/or manager prior to forwarding to the Federal Occupation Health (FOH) physician.
If the information provided by the health professional is insufficient to determine whether the need for accommodation is appropriate, the RA Coordinator may ask the employee for further medical documentation. In order to get the most helpful possible information, all requests for information should describe the nature of the job, the essential functions the individual is expected to perform, and any other relevant information. The RA Coordinator should work with the manager and/or Deciding Official in seeking appropriate information.
Ensure a copy of employee's position description and job requirements are attached.
If, after a reasonable period of time, there is still not sufficient information to demonstrate that the individual has a disability and needs a reasonable accommodation, the RA Coordinator may contact the manager and advise that the case will be closed due to insufficient information. The failure to provide appropriate documentation or to cooperate in the Agency's efforts to obtain such documentation can result in a denial of the reasonable accommodation.
Upon completion, the employee will be given a copy of the assessment. Supervisors and managers, who need to know, may be told about necessary restrictions on the work or duties of the employee and about necessary accommodations.
The local RA Coordinator will be responsible for handling, monitoring and tracking all requests for reasonable accommodation and maintaining the confidentiality of medical information received in the office. For assistance, see the List of Reasonable Accommodation Coordinators.
re8. When is the IRS obligated to make a reasonable accommodation?
The IRS is obligated to make an accommodation only to the known limitations of an otherwise qualified individual with a disability. Therefore, in general, it is the responsibility of the individual with a disability to inform the IRS that an accommodation is needed unless, because of the disability, the individual is unable to request the accommodation. Once an accommodation has been requested or the need is known, the manager has a duty to initiate an interactive process with the individual to determine the appropriate accommodation under the circumstances.
9. Am I required to tell the manager I have a disablity?
No, you are not required to tell the manager that you have a disability. However, if you need reasonable accommodation to perform essential job functions, you are responsible for making your needs known to the immediate manager.
10. When can the IRS request medical documentation ?
If an applicant or employee requests accommodation and the need for the accommodation is not obvious, or if the employer questions the need for the accommodation, the employer may request medical documentation of the individual's functional limitations to support the request.
11. Where do I report poor ergonomic conditions ?
First, you need to report this concern to your immediate manager or your manager's designee. Once your manager or your manager's designee is aware of your request, you, your manager, or your manager's designee should contact the Employee Resource Center ERC. Your manager or your manager's designee will work with the local Facilities Management Officer Facilities Office and, depending on the situation, also with the Equal Employment Office (EEO) EEO contact to address your request
12. What is assistive technology?
Assistive technology is any item, piece of equipment, or product system whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. The Information Resources Accessibility Program (IRAP) promotes equal access to information resources for IRS employees with disabilities and provides the necessary tools to effectively perform essential job functions.
The Alternative Media Center (AMC) furnishes internal and external customers with a variety of materials in accessible formats including Braille, Large-Print, Electronic Braille, and CD-ROMs.
13.What if the Request is Denied?
The manager/deciding official must notify the individual in writing of the denial and the reason(s) for the denial.
- · The denial should be written in plain language with as much specificity as possible, and should identify the manager or office that made the decision.
- · All agency denials must notify the individual that s/he hat a right to file and EEO complaint.
In situtations where an employee fails to provide a reasonable accommodation, an undue hardship would not be a valid defense, evidence that the employer engaged in an interactive process can demonstrate a "good faith" effort which can protect an employer from having to pay punitive and certain compensatory damages. 42 U.S.C 1981a(a)(3)(1994), 29 C.F.R 1630.0.
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This page was last updated on 12 of Mar. 2007