Procedures For Providing Reasonable Accommodation for ...U.S. DEPARTMENT OF HOUSING AND URBAN...

Procedures For Providing Reasonable Accommodation for IndividualsWith

Disabilities

For More Information

Contact

The Office of Departmental Equal Employment Opportunity HQ HUD, Room 2134

Washington, D.C. 20410-0050

Phone: (202) 708-0614 ext: 6116 Fax: (202) 708-0464

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Departmental Equal Employment Opportunity

Special Attention of: Transmittal for Handbook No: 7855.1 Issued: April 14, 2003 1. This Transmits:

Handbook 7855.1, Procedures For Providing Reasonable Accommodation for Individuals with Disabilities

2. Summary: This Handbook establishes the Department’s Procedures for Providing Reasonable

Accommodation for Individuals with Disabilities. 3. Filing Instructions: This is a new Handbook. Remove: None Insert: Handbook 7855.1 dated 4/03

Distribution: W-3-1, Field.txt HUD-23

Handbook 7855.1

Procedures (or Providing Reasonable Accommodation (or Individuals with Disabilities

CHAPTER 1. INTRODUCTION/PURPOSE/DEFINITIONS

1-l. INTRODUCTION AND PURPOSE .............................................................................................................. 1-1 l-2. DEFINITIONS ............................................................................................................................................... 1-1

A. PERSON WITH A DISABILITY ....................................................................................................................... 1-1 B. QUALIFIED PERSON WITH A DISABILITY ..................................................................................................... 1-2 C. PHYSICAL OR MENTAL IMPAIRMENT ......................................................................................................... l-2 D. TARGETED DISABILITIES ............................................................................................................................ 1-2 E. INVISIBLE/HIDDEN DISABILITIES ................................................................................................................ l-2 F. ESSENTIAL JOB FUNCTIONS ........................................................................................................................ l-3 G. REASONABLE ACCOMMODATION .............................................................................................................. 1-3 H. UNDUE HARDSHIP ..................................................................................................................................... 1-4

CHAPTER 2. STATUTORY REQUIREMENTS/ POLICY STATEMENT/MANAGEMENT RESPONSIBILITIES

2-1. STATUTORY REQUIREMENTS ................................................................................................................ 2-l 2-2. DEPARTMENT-WIDE POLICY STATEMENT ......................................................................................... 2-2 2-3. MANAGEMENT'S RESPONSIBILITY ....................................................................................................... 2-2

A. WHAT IS REASONABLE ACCOMMODATION? .............................................................................................. 2-2 B. PROVIDING REASONABLE ACCOMMODATION ............................................................................................ 2-3

CHAPTER 3. RESPONSIBILITIES OF HUD OFFICIALS

3-1. DIRECTOR, OFFICE OF DEPARTMENTAL EQUAL EMPLOYMENT OPPORTUNITY (ODEEO) ..... 3-l 3-2. ASSISTANT SECRETARY FOR ADMINISTRATION .............................................................................. 3-1 3.3 CHIEF FINANCIAL OFFICER ................................................................................................................... 3-1 3-4. DISABILITY PROGRAM MANAGER (DPM) ................................................. , .......................................... 3-l

A. LOCATION OF DPM ................................................................................................................................... 3-l

B. RESPONSIBILITIES OF DPM ························································································································ 3-2 3-5. PRINCIPAL ORGANIZATION HEADS (POHS) ........................................................................................ 3-2 3.6. OFFICE OF ADMINISTRATION, CHIEF TECHNOLOGY OFFICER (CTO) ......................................................... 3-3 3-7. ASSISTANT SECRETARY FOR FAIR HOUSING AND EQUAL OPPORTUNITY (FHEO) .................. 3-3 3-8. INDIVIDUAL REQUESTING REASONABLE ACCOMMODATION ...................................................... 3-3

A. PROCEDURES .............................................................................................................................................. 3-3 B. IMMEDIATE SUPERVISOR ............................................................................................................................ 3-4

3.9. SECOND-LINE SUPERVISOR ............................................................................................................................. 3-5 A. PROCEDURES ......................................... :-.................................................................................................... 3-5

3-10. REASONABLE ACCOMMODATION COMMITTEE (RAC) ..................................................................... 3-6 A. RESPDNSIBILITIES ....................................................................................................................................... 3-6

B. ROLE OF DPM ············································································································································ 3-6 C. EMPLOYEE ASSISTANCE PROGRAM (EAP) STAFF/EMPLOYEE/LABOR RELATIONS STAFF .......................... 3-7

CHAPTER 4. INITIATING REQUESTS FOR REASONABLE ACCOMMODATIONS

4-1. REASONABLE ACCOMMODATION PROCESS ....................................................................................... 4-l A. KEY POINTS: ............................................................................................................................................. 4-1

4-2. MAKING THE REQUEST ............................................................................................................................ 4-3 A. How, BY WHOM AND To WHOM ............................................................................................................. 4-3 B. THIRDPARTYREQUEST ............................................................................................................................. 4-3 C. ACTIONS REQUIRED BY IMMEDIATE OR SECOND-LINE SUPERVISOR/DISABILITY ....................................... 4-4

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PROGRAM MANAGER 4-3. INTERACTIVE PROCESS ........................................................................................................................... 4-6

A. PURPOSE OF PROCESS/EXCHANGE OF INFORMATION .................................................................................. 4-6 B. QUESTIONS ASKED DURING THE INITIAL INTERACTIVE PROCESS ............................................................... 4-6 C. COMMUNICATION ....................................................................................................................................... 4-7 D. THIRDPARTYREQUEST .............................................................................................................................. 4-7

4-4. MEDICALDOCUMENTATION .................................................................................................................. 4-7 A. WHY THE DOCUMENTATION? .................................................................................................................... 4-7 B. PROCEDURES FOR OBTAINING MEDICAL DOCUMENTATION ....................................................................... 4-8

CHAPTER 5. CONFIDENTIALITY REQUIREMENTS

5-1. REQUIREMENTS ........................................................................................................................................ 5-1 A. REHABILITATION ACT ................................................................................................................................ 5-1 B. SHARING INFORMATION ............................................................................................................................. 5-1 C. RESPONSIBILITIES OF DPM ........................................................................................................................ 5-1 D. DISCLOSURE OF MEDICAL INFORMATION ................................................................................................... 5-2

CHAPTER 6. THE DECISION MAKING PROCESS

6-1. DECISION MAKER ...................................................................................................................................... 6-1 6-2. TIME LIMIT(S) ............................................................................................................................................. 6-1

A. MAXIMUM TIME FOR PROCESSING REQUEST ............................................................................................. 6-1 B. DETAILED LOOK AT THIRTY (30)-DAY TIMEFRAME ................................................................................... 6-1

6-3. EXTENUATING CIRCUMSTANCES ......................................................................................................... 6-3 A. DEFINITION ................................................................................................................................................ 6-3 B. EXAMPLES OF EXTENUATING CIRCUMSTANCES ......................................................................................... 6-3

CHAPTER 7. DELAYS IN PROVIDING ACCOMMODATION

7-1. INTERIMACTIONS ..................................................................................................................................... 7-1 7-2. PROVIDING MEASURES OUTSIDE REASONABLE ACCOMMODATION .......................................... 7-1 7-3. TEMPORARY MEASURES OF REASONABLE ACCOMMODATION ................................................... 7-1 7-4. REASONABLE ACCOMMODATION THAT CROSSES PROGRAM OFFICES ...................................... 7-1

CHAPTER 8. UNDUE HARDSHIP

8-1. DETERMINING UNDUE HARDSHIP ......................................................................................................... 8-1 8-2. WHAT CONSTITUTES UNDUE HARDSHIP? ........................................................................................... 8-1

A. DETERMINING FACTORS ............................................................................................................................ 8-1 1. UNDUE HARDSHIP MUST BE BASED ON SEVERAL FACTORS ................................................................... 8-1 2. SUPERVISOR/MANAGER ROLE ............................................................................................................. 8-1 3. ACTIONS, WHEN NO UNDUE HARDSHIP ................................................................................................. 8-2

B. INDIVIDUAL'S PREFERENCE ....................................................................................................................... 8-2 8-3. REASSIGNMENT ........................................................................................................................................ 8-2

A. LAST RESORT ............................................................................................................................................. 8-2 B. REQUIREMENT (S) ...................................................................................................................................... 8-3

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CHAPTER 9. FUNDING

9-I. FUNDING ..................................................................................................................................................... 9-I

CHAPTER 10. DENIAL OF REASONABLE ACCOMMODATION REQUEST

IO-I. DENIAL ..................................................................................................................................................... l0-1 A. PROCEDURES ......................................................................................................................................... IO-I B. RECONSIDERATION OF A DENIAL OF REASONABLE ACCOMMODATION ................................................... I 0-2

10-2. ALTERNATIVE DISPUTE RESOLUTION PROGRAM (ADR) ............................................................. I0-4

A. ELECTION OF ADR ································································································································· I 0-4 I. PROCESS .......................................................................................................................................... I 0-4 2. ROLEOFTHEADR PROGRAM MANAGER ........................................................................................ I0-5 3. EFFECT OF ADR ON TIME LIMITS FOR STATUTORY AND COLLECTIVE BARGAININGCLAIMS ........... I0-5

CHAPTER 11. INFORMATION TRACKING AND REPORTING

II-I. PROTECTION OF RECORDS .................................................................................................................... II-I II-2. RESPONSIBILITIES ................................................................................................................................... II-I

A. DISABILITY PROGRAM MANAGER (DPM) ................................................................................................ II-I B. INFORMATION TECHNOLOGY ACCESSIBILITY COORDINATOR (IT A C) ...................................................... II-I C. SUBMISSION OF REPORTS TO OFFICE OF DEPARTMENTAL EQUAL EMPLOYMENT OPPORTUNITY ............ II-2

CHAPTER 12. RELATIONSHIP OF PROCEDURES TO STATUTORY AND COLLECTIVE BARGAINING CLAIMS

I2-l. RELATIONSHIP TO STATUTORY AND COLLECTIVE BARGAINING CLAIMS ............................ I2-I A. PROCEDURES ......................................................................................................................................... I2-I

CHAPTER 13. INQUIRIES, DISTRIBUTION AND POSTINGS

I3-I. FURTHER INFORMATION REGARDING PROCEDURES .................................................................. l3-I I3-2. DISTRIBUTION AND POSTINGS .......................................................................................................... I3-I

A. DISTRIBUTION ........................................................................................................................................ I3-I B. POSTINGS ............................................................................................................................................... I3-I

APPENDICES

I. FORMS OF REASONABLE ACCOMMODATION Appendix I-I to I-II

2. HUD FORM IOOO, ACCOMMODATION REQUEST FOR PERSONS WITH DISABILITIES Appendix 2-I to 2-2

3. HUD FORM II600, DENIAL OF REQUEST FOR REASONABLE ACCOMMODATION Appendix 3-1 to 3-2

4. HUD FORM II60 I, REASONABLE ACCOMMODATION INFORMATION REPORTING Appendix 4-I to 4-2

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5. HUD FORM 22006, COMPUTER/TECHNOLOGY ACCOMMODATIONS REQUEST Appendix 5-1

6. GLOSSARY OF FUNCTIONAL LIMITATIONS Appendix 6-1 to 6-3

7. RESOURCES Appendix 7-1 to 7-11

8. EXECUTIVE ORDER 13164, dated July 26,2000, Requiring Federal Agencies To Establish Procedures To Facilitate the Provision of Reasonable Accommodation. Appendix 8-1 to 8-2

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LIST OF APPLICABLE FORMS, REPORTS AND REFERENCES

A. FORMS CITED IN THIS HANDBOOK

(1) Form HUD-1000, Accommodation Request for Persons with Disabilities (Appendix 2)

(2) Form HUD-11600, Denial of Request for Reasonable Accommodation (Appendix 3)

(3) Form HUD-11601, Reasonable Accommodation Information Reporting (Appendix 4)

(4) Form HUD-22006, Computerffechnology Accommodations Request (Appendix 5)

B. REFERENCES AND REPORTS CITED IN THIS HANDBOOK

(1) Rehabilitation Act of 1973, Section 501, as amended

(2) Executive Order 13164, July 26, 2000, "Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation"

(3) HUD Policy Statement, issued by Secretary Mel Martinez, April2, 2001

(4) HUD Affirmative Employment Program (AEP) Plan

(5) The Privacy Act of 1974 --Title 5, Part I, Chapter 5, Subchapter II, Section 552a

(6) Americans with Disabilities Act of 1990 (ADA)

(7) EEOC's Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act at www.eeoc.gov

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LIST OF APPLICABLE FORMS, REPORTS, AND REFERENCES Cont'd

(8) 29 CFR 1611 -Title 29, Chapter XIV (Equal Employment Opportunity Commission), Part 1611 (Privacy Act Regulations)

(9) CFR 1201.3- "Appealable adverse action", Title 5 (Administrative Personnel), Chapter IT (Merit Systems Protection Board), Part 1201 (Practices and Procedures), Section 1201.3 (Appellate jurisdiction)

(10) WWW.EEOC.GOV- EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans With Disabilities Act

( 11) Public Law 94-142 - The Education for all Handicapped Children Act, "defines learning disability"

(12) HUD Handbook 792.2 Revision 2, Employee Assistance Program

(13) 5 CFR 792.101-105- Title 5 (Administrative Personnel), Chapter 1 (Office of Personnel Management), Part 792 (Federal Employees' Health and Counseling Programs), Sections 101-105 (statutory requirements and agency responsibilities)

(14) Memorandum from the Deputy Secretary, dated September 13, 2002, transmitting the Department's Operating Protocols and Delegations of Authority to the Regional and Field Office Directors

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CHAPTER 1 . INTRODUCTION/PURPOSE/DEFINITIONS

1-1. INTRODUCTION AND PURPOSE

This document establishes the Department of Housing and Urban Development's procedures for providing reasonable accommodation for qualified individuals with disabilities 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 medical documentation after a request is made, and designate 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, Executive Order 13164, and the Americans with Disabilities Act of 1990 (ADA).

1-2. DEFINITIONS

A. Person with a Disability

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

1. 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

2. 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

3. Is regarded as having such an impairment - 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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B. 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.

C. Physical or Mental Impairment

1. 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, genitourinary, hemic and lymphatic, skin, and endocrine; or

2. 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.

D. Targeted Disabilities

These are disabilities that are designated by the Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (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.

E. 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, learning disabilities, and mild mental retardation.

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F. Essential Job Functions

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

Job functions are considered "essential" for various reasons, including but are not limited to:

• 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 can function(s) 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. A determination of the essential functions of a position must be done on a case-by- case basis so that it reflects the job as actually performed, and not simply the components of a generic position description.

G. Reasonable Accommodation

Reasonable accommodation is any change or adjustment to a job or the work environment or in the way things are customarily done that permits a 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 other similarly situated employees without disabilities.

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H. Undue Hardship

Undue hardship means 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:

• the nature and cost of the accommodation needed;

• 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

• the impact of the accommodation on the operations of the agency.

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CHAPTER 2. STATUTORY REQUIREMENTS/ POLICY STATEMENT/MANAGEMENT RESPONSIBILITIES

2-1. STATUTORY REQUIREMENTS

A. Section 501 of the Rehabilitation Act of 1973, as amended,

1. Prohibits discrimination on the basis of disability in Federal employment and requires the Federal Government to engage in Affirmative Employment for Individuals with Disabilities.

2. 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.

3. 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.

4. 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.

B. 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. Americans With Disabilities Act of 1990 (ADA) amended Section 501 of the Rehabilitation Act by applying the employment nondiscrimination standards of the ADA (Title I) to Federal government employees and applicants for employment. It also firmly stated that it is the obligation of the Federal government to be the "model employer of individuals with disabilities".

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2-2. 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 workforce.

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 Department's 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, April2, 2001).

2-3. MANAGEMENT'S RESPONSIBILITY

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A. What is Reasonable Accommodation?

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

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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.

2. 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.

B. Providing Reasonable Accommodation

1. 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), a manager or supervisor 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.

2. 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 parttime or full-time, or are considered "probationary."

There are a number of possible reasonable accommodations that HUD managers and supervisors may have to provide in connection with modifications to the work environment or adjustments in how and when a job is performed. These include:

• making existing facilities accessible; • job restructuring; • part-time or modified work schedules; • acquiring or modifying equipment; • providing qualified readers or interpreters; • changing tests, training materials or policies; and • reassignment to a vacant position.

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3. 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 a 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.

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CHAPTER 3 . RESPONSIBILITIES OF HUD OFFICIALS

3-1. 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, the nondiscriminatory requirements of the American Disabilities Act of 1990 and Executive Order 13164 by establishing and maintaining an effective mechanism for processing and responding to reasonable accommodation requests. This responsibility includes establishing Departmentwide policy and procedures, reporting on all reasonable accommodation requests and adjudicating EEO complaints where discrimination is alleged based on disability.

3-2. 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 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 managers, supervisors, and Office of Administration employees who merit-staff positions.

3.3 CHIEF FINANCIAL OFFICER (CFO)

The Chief Financial Officer has Department-wide responsibility for the allocation of all funds in support of reasonable accommodation.

3-4. DISABILITY PROGRAM MANAGER (DPM)

A. Location of 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, employees and Office of Human Resources (OHR) personnelists regarding the statutory and regulatory requirements relating to reasonable accommodation. The Deputy Director is the designated Disability Program Manager and

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must remain aware of available resources and how to expedite their procurement, maintain records, and ensures that information is available to the ODEEO staff for reporting purposes. The DPM may delegate limited authority to Field Offices, e.g., procurement of accommodations that are within their budget, guidance, technical assistance and training to managers and supervisors, etc., pursuant to the Deputy Secretary's September 13, 2002, Operating Protocols memorandum.

B. Responsibilities of DPM

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 Department's Reasonable Accommodation Committee (RAC).

3-5. PRINCIPAL ORGANIZATION HEADS (POHS)

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Principal Organization Heads are the Assistant Secretaries and equivalent organization heads and also serve as the Equal Employl!.lent 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. POHs may delegate reasonable accommodation approval authority, in writing, to Regional and Field Office Directors pursuant to the Delegations of Authority in the September 13, 2002, Operating Protocols memorandum and in accordance with the procedures outlined in this handbook.

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3.6. OFFICE OF ADMINISTRATION, CHIEF TECHNOLOGY OFFICER (CTO)

The Chief Technology 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 be accessible to disabled employees, applicants, and other members of the general public.

3-7. ASSISTANT SECRETARY FOR FAIR HOUSING AND EQUAL OPPORTUNITY (FHEO)

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.

3-8. INDIVIDUAL REQUESTING REASONABLE ACCOMMODATION

A. Procedures

1. 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 Human Resources Specialist assigned to merit staff the vacancy or to the Disability Program Manager.

2. If the individual requires an accommodation for the interview process, s/he must make the request for the accommodation to the person scheduling the interview who will notify the interviewer so that the interviewer can make the necessary arrangements to obtain and provide the accommodation.

3. Although requests may be made orally, in writing, or via any other mode of communication, managers, supervisors or Human Resources Specialists receiving such requests must ensure that Form HUD-1 000 is completed for record keeping and

·reporting purposes. If the requesting individual fails to complete Form HUD-1 000, the person who receives the request must complete the form based on information received, on behalf of the requesting individual. Material in alternative formats will be provided by the agency via the DPM or through local field office procurement procedures at no expense to the individuaL In the event that a Field Office provides an accommodation, the documentation of the request (HUD Form 1 000) and the outcome must be provided to the DPM within the specified timeframes.

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4. If the Reasonable Accommodation request is for an electronic technology accommodation, the requesting individual must complete Form HUD-22006 or the person (Supervisor, Manager, Disability Program Manager) who receives the accommodation request must complete the form on behalf of the requesting individual, if the requesting individual cannot or does not complete the Form. The completed Form HUD 22006 must be submitted to the Department's Information Technology Accessibility Coordinator in the Office of the Chief Technology Officer. Additional information can be obtained by visiting the Chief Technology Officer's web-site or by contacting the Information Technology Accessibility Coordinator at (202) 708-0614 ext. 7507 (voice), (202) 708-4401 (TTY) or (202) 708-7689 (FAX).

5. While an individual with a disability does not have to specify the precise accommodation, s/he does need to describe the problem posed by the workplace barrier, which affects his/her ability to perform the essential functions of the position. The individual must also provide timely and appropriate documentation to support the request if the need for the accommodation is not obvious to the supervisor/ manager.

An applicant with a disability must specify or describe to the Human Resources Specialist, Supervisor, Manager, Disability Program Manager, Employee/Labor Relations Specialist or designee in the field, the accommodation that will enable the individual to have an equal opportunity to participate in the application process and to be considered for a position.

B. 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 seven (7) busine_ss 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

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parking. The immediate supervisor is also responsible for ensuring that all completed request forms, supporting documentation and decisions are submitted to the POH within twelve (12) business days for submission to the Disability Program Manager no later than eighteen ( 18) days from the date of request. The immediate supervisor must also notify the individual of the status of his/her request for accommodation.

If the immediate supervisor is the POH, the POH has seven (7) business days from the date of receipt to review and approve the request. If the POH (immediate supervisor) does not approve the request, s/he must document, in writing, his/her reasons for not granting the accommodation. The POH must notify the individual of his/her decision, in writing, then complete all forms, and submit them within twelve (12) business days to the DPM who will convene the Reasonable Accommodation Committee (RAC) for a final decision, if the employee appeals the denial of the reasonable accommodation request.

3.9 SECOND-LINE SUPERVISOR

A. Procedures

1. 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 or designee in the field, if any, 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 i~ responsible for notifying the individual, in writing, of the status of his/her request, and ensuring that all completed request forms, _supporting documentation and decisions are submitted to the POH within twelve (12) 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 eighteen ( 18) business days from the date of request for accommodation.

2. If the request for reasonable accommodation is made directly to the second-line supervisor, the second-line supervisor has seven (7) business days to review and

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approve the request. If the second-line supervisor within the seven (7) business days time frame does not approve the request, 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 eighteen (18) business days from date of the initial request whether it was made orally, in writing, or via any other mode of communication, absent "extenuating circumstances."

3. If the POH is the second-line supervisor, the POH has seven (7) business days from the date of receipt to review and approve the request. If the POH does not approve the request, s/he must document, in writing his/her reasons for not granting the accommodation. The POH must notify the individual of his/her decision, then complete all forms, and submit them within twelve (12) business days to the DPM who will convene the Reasonable Accommodation Committee (RAC) for a final decision.

3-10. REASONABLE ACCOMMODATION COMMITTEE (RAC)

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A. Responsibilities

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 at the request of the employee in accordance with HUD's Collective Bargaining Agreements. 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. POHs will designate representatives from the program office in which t!).e reasonable accommodation request originated to serve on RAC committees in the Regional and Field Offices.

B. Role of DPM

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

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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.

C. Employee Assistance Program (EAP) Staff/Employee/Labor Relations 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.

The Employee/Labor Relations staff provides technical advice and assistance to managers on performance base actions and employees' medical inability to perform job related functions, including the evaluation of medical documentation in support of reasonable accommodation.

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CHAPTER 4 . INITIATING REQUESTS FOR REASONABLE ACCOMMODATIONS

4-1. REASONABLE ACCOMMODATION PROCESS

A. Key Points:

1. 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 disability.

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

3. 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 must follow-up an oral request by completing form HUD-1000 or Form HUD-22006, "Accommodation Request for Persons with Disabilities" (see Appendix 2). If the requesting individual fails to complete the Form HUD-1000, the supervisor, manager, DPM or Human Resource Specialist receiving the reasonable accommodation request must complete the form on behalf of the requesting individual.

4. 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 HUD-1000" to complete and, if necessary, provide assistance with form completion, or complete the Form for the applicant.

5. If the reasonable accommodation request is for an electronic technology accommodation, the requesting individual must complete Form HUD-22006 (see -appendix 5) or the person (Supervisor, Manager, Disability Program Manager) who receives the accommodation request must complete the form on behalf of the requesting individual. The completed Form HUD-22006 must be submitted to the Department's Information Technology Officer. Additional information can be obtained by visiting the Chief Technology Officer's web-site or by contacting the Information Technology Accessibility Coordinator at (202) 708-0614 ext. 7507 (voice), (202) 708-4401 (TTY) or (202) 708-7689 (FAX).

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6. The time limits for the reasonable accommodation process begin when the supervisor, or manager in the individual's immediate chain of command, or the Disability Program Manager, receives the request regardless of 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.

7. 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.

8. Medical Documentation may be necessary so that HUD can:

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

(b) Determine whether an accommodation is needed; and if so,

(c) Assess what kind of accommodation is necessary.

9. 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.

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

11. Requests for reasonable accommodation will be processed and provided, within ·thirty (30) 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.

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4-2. MAKING THE REQUEST

A. How, By Whom And To Whom

1. 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. Accordingly, if an oral request is made, the timeframes run from the date of the oral request. Individuals may also initiate the process by making the request in writing to the first or second-line supervisor, any other supervisor in the chain of command, or the Disability Program Manager. However, the Department shall not require that individuals mention the Rehabilitation Act or use the phrase "reasonable accommodation" in the request.

2. 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 request, for record keeping purposes only, that the employee complete Form HUD-1000, "Accommodation Request for Persons with Disabilities" (See Appendix 2) and submit it to his/her first or secondline supervisor or to the DPM. However, the Department cannot ignore the initial request, whether made orally, in writing, or via any other mode of communication. If the requesting individual fails to complete the Form HUD-1000, the supervisor, manager or Human Resource Specialist receiving the reasonable accommodation request must complete the form on behalf of the requesting individual.

3. The Department will provide assistance to an individual with a disability who requires assistance in completing Form HUD-1 000, or who requires the Form HUD-1000 in an alternative format.

B. Third Party Request

1. A third party may make a reasonable accommodation request, on behalf of the individual with a disability.

2. The third party may be a family member, health care professional or any other representative of the disabled individual (e.g., union representative).

3. 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 health care professional sends the Department a letter requesting a

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reasonable accommodation for the employee, the agency must confirm with the employee that the doctor's letter was sent with the employee's consent.

4. If a supervisor feels that an employee may need a reasonable accommodation to perform the job functions, s/he may initiate the request. In such cases, however, the requesting party shall consult with the employee and shall summarize and report the employee's comments on Form HUD-1000.

C. Actions Required by Immediate or Second-Line Supervisor/Disability Program Manager

1. Review of Request

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 4-3) with the employee. The supervisor shall complete the appropriate sections of Form HUD-1 000.

2. Immediate Supervisor

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

(a) no cost is involved; and

(b) the supervisor and the employee are in agreement as to the accommodation (e.g., rearrangement of the furniture within an employee's work space/office, approval of late arrival, etc.). If the request is approved by the immediate supervisor, a copy of Form HUD 1000 or Form HUD 22006 should be completed and forwarded to the DPM for record keeping purposes.

To prevent unnecessary delays in processing reasonable accommodation requests, whenever possible, Field Offices should adhere to their local procurement procedures Jor obtaining reasonable accommodation such as ergonomic chairs, armrests, etc. If the request is one that can be and is approved by the immediate supervisor or at the Field Office level, a copy of Form HUD-1 000 including any supporting documents should be completed and submitted to the Disability Program Manager.

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3. Receiving Official

The receiving official (e.g., immediate supervisor, second-line supervisor, DPM or Field Office Director, etc.) 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 through the local office's procurement process, in the shortest possible time frame, but no later than thirty (30) business days from date of request, excluding any extenuating circumstances. Otherwise, the receiving official signs and dates the form within seven (7) business days and forwards a copy to the POH for review and decision. Within twelve (12) business days the POH must make a decision. No later than eighteen (18) 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 and reporting purposes.

4. Supervisor Believes an Employee Needs a Reasonable Accommodation

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

5. 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 4-3) 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.

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• 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.

4-3. INTERACTIVE PROCESS

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A. Purpose of Process/Exchange of Information

1. The immediate supervisor and/or manager 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.

2. 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 perform the essential job functions.

B. Questions Asked During the Initial Interactive Process

Examples of questions to be evaluated during the initial interactive process include, but are not limited to:

• Is the accommodation necessary to perform the duties of the position?

• What effect will the accommodation have on the agency's operations and on the employee's performance?

• To what extent does the accommodation compensate for the employee's or job applicant's limitations?

• Will the accommodation give the person the opportunity to function, participate, or compete on a more equal basis with co-workers?

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• Are there alternative accommodations that would accomplish the same purpose?

C. Communication

1. 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.

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

D. Third Party Request

1. When a request for accommodation is made by a third party, the Supervisor or Disability Program Manager or, in the case of an applicant with a disability, the Human Resources Specialist should, if possible, confirm with the applicant or employee with a disability that s/he, in fact, wants a reasonable accommodation before proceeding.

2. 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 Human Resources Specialist will follow-up directly with the individual needing the accommodation as soon as it is practical.

4-4. MEDICAL DOCUMENTATION

A. Why the Documentation?

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1. 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: (a) substantiate that the individual has a

disability covered by the Rehabilitation Act; (b) determine whether an accommodation is needed; and, (c) assess what kind of accommodation is necessary.

Based on this need-to-know, the manager, supervisor or Disability Program Manager may ask the employee for reasonable documentation about his/her disability and functional limitations.

2. 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. Also see EEOC's Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act at www.eeoc.gov.

B. Procedures for Obtaining Medical Documentation

1. 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.

2. If the information provided by the individual or health care professional is insufficient to enable a determination to be made, the supervisor or Disability Program Manager may ask for further information. However, the Disability Program Manager and/or supervisor 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 health care professional.

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3. 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.

To expedite the reasonable accommodation process, whenever possible, Field Offices should adhere to their local procurement process.

If additional documentation is not necessary, the receiver of the request (supervisor, manager or DPM) will process the request for accommodation through the local office procurement procedures.

4. The Disability Program Manager, Office of Human Resources, Employee Assistance Program staff, and/or Employee Relations staff, working through the manager, supervisor and/or Principal Organization Head, may request that the employee/applicant provide information, from an appropriate health care 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

• 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.

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

6. Alternatively, the Disability Program Manager may ask the immediate supervisor to request that the employee/applicant sign a limited release authorizing the Disability

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Program Manager to submit a list of specific questions to the individual's health care professional or contact the individual's doctor.

7. If, after fourteen (14) 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.

8. Any medical examination conducted by the employer's health care professional must be job-related and consistent with business necessity. This means that the examination must be limited to determining the existence of a qualified disability and the functional limitations that require reasonable accommodation. If an employer requires an applicant or employee to go to a health care professional of the employer's choice, the employer must pay all costs associated with the visit (s).

9. 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 reasonable accommodation decision maker on the reasonable accommodation request that the individual has a disability rather than sharing all of the details about the medical condition.

10. 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.

11. 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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CHAPTER 5 . CONFIDENTIALITY REQUIREMENTS

5-1. REQUIREMENTS

A. Rehabilitation Act

The Rehabilitation Act requires that all medical information be kept confidential. This means that all medical information that any agency obtains in connection with a request for reasonable accommodation must be kept in files separate from the individual's personnel file. It also means that any employee who obtains or receives such information is strictly bound by these confidentiality 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.

B. Sharing Information

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 reasonable accommodation decision maker that the individual has a disability rather than sharing all of the details about the medical condition.

C. Responsibilities of DPM

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 aceordance with the Privacy Act and the requirements of 29 C.F.R. Section 1611.

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D. Disclosure of Medical Information

1. 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.

• designated HUD Officials in the development of its Emergency Evacuation Procedures for Department Employees. In some circumstances, an employee with disabilities, may require special assistance in an emergency evacuation situation and in some situations, the release of medical information or other supporting documentation may be necessary to develop an appropriate Emergency Evacuation Procedure for the employee.

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

3. Any disclosure of medical information not identified as a permissible exceptions (see above) must be documented and the employee informed of the release prior to its disclosure, unless the disclosure of such medical information is in support of a pending reasonable accommodation request.

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Chapter 6 . THE DECISION MAKING PROCESS

6-1. DECISION MAKER

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 (DPM), as Chair of the RAC, 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, or job

restructuring.

6-2. TIME LIMIT(S)

A. Maximum Time for Processing Request

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 supporting information. The maximum

time for processing and providing reasonable accommodation

shall

not exceed thirty (30) business days from the date of request,

absent any "extenuating circumstances".

B. Detailed Look at Thirty (30)-day Timeframe

1. The maximum thirty (30) business day time frame starts the

day that a request for a reasonable accommodation is made

either

orally, in writing, or via any other mode of communication

to the

supervisor, manager or DPM. The recipient of the request

shall

immediately start the interactive process. If the

recipient of

the request is someone other than the DPM, he/she must

immediately notify the DPM, in writing, of the request.

2. Barring any extenuating circumstances, a reasonable

accommodation request, if granted, shall be provided no

later

than thirty (30) business days from the date the request is

received by a manager, supervisor or DPM 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 DPM must maintain records

regarding all documents associated with reasonable

accommodation

requests, and ensures that information is accessible to the

ODEEO

staff for reporting.

3. If the immediate supervisor cannot approve the request

within seven (7) business days, s/he must forward the

request and

any supporting documents to the second-line supervisor for

review

and a decision. Within twelve (12) 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 final

decision

for the program office and forward the request, decision

and

supporting documentation to the DPM, within eighteen (18)

business days of the request for reasonable accommodation.

The

POH shall also notify the individual, in writing within the

eighteen (18) business days, of the status of his/her

request.

4. The reasonable accommodation processing time frame (maximum

30 business days) is suspended pending the receipt of the

medical

documentation and will resume when the requester receives

the

documentation.

5. If medical documentation is not needed, a decision shall be

made and the accommodation, if granted, will be provided

within

thirty (30) business days from receipt. As soon as the

immediate

supervisor, second-line supervisor, POH or DPM determines

that a

reasonable accommodation will be provided, that decision

shall be

immediately communicated to the individual, in writing, by

the

supervisor or DPM if the DPM received the initial request,

or if

the decision was made by the RAC.

6. Examples of reasonable accommodations that can and should

be

provided in less than the thirty (30) business day time

frame

include, but are not limited to, 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, taking

tests, and

making hiring decisions);

* enable an employee who needs a sign language interpreter

to

attend a meeting the next business day;

* enable an employee with a learning disability, who has

difficulty 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; or

* 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.

6-3. EXTENUATING CIRCUMSTANCES

A. Definition

"Extenuating circumstances" are unforeseen or unavoidable events

or factors that could not reasonably have been anticipated or

avoided in advance of the request for accommo-dation that prevent

the prompt processing and delivery of an accommodation. If the

DPM agrees with the POH that extenuating circumstances are

present, the DPM, as reasonably necessary, will extend the time

for processing a request for reasonable accommodation and

providing the accommodation.

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 provision of the

reasonable accommodation, is expected. Any further developments

or changes should also be communicated promptly to the individual

by the supervisor.

B. Examples of Extenuating Circumstances

1. There is an outstanding initial or follow-up request for

medical information, or the medical information that has been

provided is being evaluated.

2. The purchase of equipment may take longer than thirty (30)

business days because of requirements under the Federal

Acquisition Regulation and HUD's Procurement, Contract, and

Acquisition Policies and Procedures.

3. 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 immediately available.

4. New staff needs to be hired or contracted for, or an

accommodation involves the removal of architectural barriers.

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CHAPTER 7. DELAYS IN PROVIDING ACCOMMODATION

7-1. INTERIM ACTIONS

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.

7-2. PROVIDING MEASURES OUTSIDE REASONABLE ACCOMMODATION

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 (e.g., a broken leg or arm is a temporary condition and it does not fall within the meaning of the law because it is not permanent. However, a supervisor or manager may provide reasonable accommodation (late arrival, parking etc.) on a temporary basis as long as it does not interfere with the operations of the agency (undue hardship).

7-3. TEMPORARY MEASURES OF REASONABLE ACCOMMODATION

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.

7-4. REASONABLE ACCOMMODATION THAT CROSSES PROGRAM OFFICES

For reasonable accommodation requests crossing Program Office areas of responsibility, the Disability Program Manager, in consultation with the immediate supervisor, POH or designee will coordinate such requests with the appropriate offices. 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 Office of Fair Housing and Equal Opportunity and the General Services Administration or the owner of the building, as appropriate.

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• Technology accessibility issues under Section 508 of the Rehabilitation Act of 1973, as amended. These issues will be coordinated with the Office of Administration, Chief Technology Officer.

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

• Accessible parking spaces will continue to be handle in accordance with the procedures outlined in HUD's Administrative Services Policy Handbook, No. 2200.1. Material in alternative format will be coordinated with the Office of Administrative and Management Services by the DPM and Regional or Field Office designee, if any.

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CHAPTER 8 . UNDUE HARDSHIP

8-1. 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 significant difficulty or expense, or would fundamentally alter the nature of HUD's operations.

8-2. WHAT CONSTITUTES UNDUE HARDSHIP?

A. Determining Factors

1. Undue hardship must be based on several factors

The nature and cost of the accommodation; the overall financial resources of the agency; the number of persons employed; the effect on expenses and resources; type of operation, including the structure and functions of the workforce, the geographical separateness, and the administrative or fiscal relationship involved in making the reasonable accommodation to the employee; and the impact of the accommodation on the operations.

An employer cannot claim undue hardship based on an employee's fears or prejudices toward the individual's disability, nor can undue hardship be based on the fact that provision of a reasonable accommodation might have a negative impact on the morale of other employees. Employers, however, may be able to show undue hardship where provision of a reasonable accommodation would be unduly disruptive to other employee's ability to work.

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 Disability Program Manager who also serves as the Chair of the Reasonable Accommodation Committee for review and final decision.

2. Supervisor/Manager Role

If a supervisor/manager determines that a particular accommodation may cause undue hardship on the agency, but an alternative type of accommodation would be as

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effective and will not cause an undue hardship and the Disability Program Manager agrees, then the supervisor shall provide the alternative accommodation.

3. Actions, when no undue hardship

Absent an undue hardship, the supervisor may also choose among reasonable accommodations as long as the chosen one is equally effective. For example, an employee or applicant with a disability requests a specific accommodation and there are two possible reasonable accommodations, one costs more or is more burdensome than the other, the supervisor may choose the less expensive or less burdensome accommodation as long as it is equally effective. An accommodation is considered "effective" if it removes a workplace barrier, 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.

B. Individual's Preference

1. 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 manager, supervisor or DPM may not, however, require a qualified individual with a disability to accept an accommodation.

2. 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.

8-3. REASSIGNMENT

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A. Last Resort

If the agency determines that no _other reasonable accommodation will permit the employee with a disability to perform the essential functions of his/her current position, abs~nt undue hardship on the agency, reassignment will be considered as a reasonable accommodation. Reassignment, available only to employees, is a "last resort" 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

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vacancy. 1 If the employee is qualified for the position, s/he should be reassigned to the vacant position as a reasonable accommodation and should not have to compete for it.

B. Reguirement(s)

The employee with a disability must be qualified for the position. The employee is qualified if s/he satisfies the requisite skill, experience, education, and other job-related requirements of the position, and can perform the essential functions of the position with or without reasonable accommodation.

C. Procedures

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.

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 demonstrate (1) 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 modification of policies, practices, or procedures will mitigate the risk.

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CHAPTER 9 . FUNDING

9-1. FUNDING

The Chief Financial Officer has Department-wide control over the allocation of all funds in support of reasonable accommodation. All approved requests for reasonable accommodation will be forwarded, through local office procedures, to the 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, through the Disability Program Manager, will provide the appropriate staffing resource allocations.

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CHAPTER 10. DENIAL OF REASONABLE ACCOMMODATION REQUEST

10-1. DENIAL

A. Procedures

1. If the decision maker renders a "recommended denial" determination, s/he must, within three (3) business days, complete a "Denial of Request" form (see Appendix 3) 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 specific reasons for the denial.

2. Where the decision maker has denied a specific requested accommodation, but has 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.

3. Reasons for the recommended denial of a request for reasonable accommodation may include the following:

• The actual written notice must include specific reasons for the recommended denial, for example, why the accommodation would result in undue hardship. Before reaching this determination, the decision maker must have explored whether other effective accommodations exist which would not impose undue hardship and therefore can be provided (see Undue Hardship, item 8 above and the EEOC's Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act at www.eeoc.gov);

• The requested accommodation would not be effective;

• 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; or

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

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

5. The Committee will review the reasonable accommodation request, any supporting medical documentation, and the written justification for recommending denial of the requested accommodation.

6. The requesting 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.

7. The Committee has seven (7) business days from receipt of the recommended denial to render a decision.

8. The Disability Program Manager will inform the POH and the requesting employee/applicant, in writing, of the Committee's decision.

9. If the Committee's decision is denial of a reasonable accommodation, the Committee's written notice of denial must also inform the requester that s/he has the right to file an EEO complaint and may have rights to pursue Merit Systems Protection Board (MSPB) and union grievance procedures. The notice must also explain HUD's Alternative Dispute Resolution (ADR) procedures.

B. Reconsideration of a Denial of Reasonable Accommodation

Individuals with disabilities may request orally, in writing, or via any other mode of communication, prompt reconsideration of a denial of reasonable accommodation using the following methods:

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1. 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 five (5) business days;

2. 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 shall respond to this request within seven (7) business days;

3. If the 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 seven (7) business days;

4. 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.

5. The requesting individual can also request reconsideration of a denial by the RAC. The Committee will respond to this request within seven (7) business days.

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10-2. ALTERNATIVE DISPUTE RESOLUTION PROGRAM (ADR)

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A. Election of ADR

The individual may also elect to pursue prompt reconsideration through the Department's ADR Program. If the individual chooses to participate in ADR, the processing period shall not exceed ninety (90) days from the date of initial contact with the EEO Office. The individual seeking reconsideration may contact the Office of Departmental Equal Employment Opportunity, Alternative Dispute Resolution Program Staff, at (202) 708-2001, without first having to contact an EEO Counselor or file an EEO complaint. Individuals with hearing or speech impairments may reach the ADR Program staff through the Federal Relay Information Service at (800) 877-8338 (toll free).

1. Process

The ADR Program Manager will determine the case's appropriateness for ADR and, if appropriate, will:

• 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 the 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 EEOprocess.

• 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.

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• 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:

• Withdrawal of the complaint; or

• Impasse, i.e., no resolution after reasonable efforts have been made to reach agreement;

• Termination of the process by either party; or

• Signing of a settlement agreement.

2. Role of the ADR Program Manager

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 settlement agreements 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 complaint process.

3. Effect of ADR on Time Limits For Statutory and Collective Bargaining Claims

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.

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CHAPTER 11 . INFORMATION TRACKING AND REPORTING

11-1. PROTECTION OF RECORDS

The Privacy Act protects all records obtained or created during the processing of a request for reasonable accommodation. The Disability Program Manager shall retain custody of these records and will respond to all requests for disclosure based on the criteria established under Chapter 5- Confidentiality.

11-2. RESPONSIBILITIES

A. Disability Program Manager (DPM)

The Disability Program Manager shall complete Form HUD-1160 1, "Reasonable Accommodation Information Reporting" (see Appendix 4) for each reasonable accommodation request, assign a control number to each accommodation request form and attach 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 individual's employment. The Disability Program Manager will also maintain, for at least three (3) years, any cumulative reports and records to be used in assessing the Department's performance with regard to reasonable accommodation. Upon request, the EEOC may review these documents in their assessment ofHUD's reasonable accommodation procedures.

B. Information Technology Accessibility Coordinator (ITAC)

The Information Technology Accessibility Coordinator shall complete Form HUD-11601, Reasonable Accommodation Information Reporting Form (see Appendix 4), for all electronic technology accommodation requests. The completed form shall be forwarded to the Disability Program Manager for consolidated Department-wide reasonable accommodation tracking and reporting.

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;

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• 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; and

• 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.

C. Submission of Reports to Office of Departmental Equal Employment Opportunity (ODEEO)

By December 1st of each year, the Disability Program Manager shall forward the report information to the 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 Report 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 HUD's 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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Chapter 12 . RELATIONSHIP OF PROCEDURES TO STATUTORY AND

COLLECTIVE BARGAINING CLAIMS

12-1. RELATIONSHIP TO STATUTORY AND COLLECTIVE BARGAINING CLAIMS

A. Procedures

These procedures are 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 collective bargaining claims, including time frames

for filing such claims, remain unchanged.

1. An individual who chooses to pursue statutory or collective

bargaining remedies for denial of reasonable accommodation must:

(a) For an EEO complaint, contact an EEO counselor in the

Office of Departmental Equal Employment Opportunity (ODEEO)

within forty-five (45) days from the date of receipt of

the written notice of denial;

(b) For a collective bargaining claim, file a written grievance

in accordance with the provisions of the Collective Bargaining

Agreement; or

(c) Initiate an appeal to the Merit Systems Protection Board

within thirty (30) days of an appealable adverse action as

defined in 5 C.F.R. 1201.3.

2. 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/herself from any involvement in the

processing of an EEO counseling contact or EEO complaint in

connection with that request.

Handbook 7855.1


CHAPTER 13. INQUIRIES, DISTRIBUTION AND POSTINGS

13-1. FURTHER INFORMATION REGARDING PROCEDURES

Any person wanting further information concerning these Procedures may contact the Disability Program Manager at (202) 708-2000, or the Office of Departmental Equal Employment Opportunity at (202) 708-5921. Individuals with hearing or speech impairments may reach the ADR Program staff through the Federal Relay Information Service at (800) 877-8339 (toll free).

13-2. DISTRIBUTION AND POSTINGS

A. Distribution

These procedures shall be distributed to all employees upon issuance, and annually thereafter. They shall also be distributed to all new employees as part of their orientation on their first 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.

B. Postings

The procedures will be posted on HUD's Intranet and Internet sites and included in the Employee Handbook. Copies also will be available in the HUD library, ODEEO, the Office of Human Resources and in the Office of the Disability Program Manager.

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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 difficult 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-probationary employees, reassignment to another position.

2. Modifying Worksites - Changes may be needed in the worksite area when there is an employee with disabilities. This may include accessibility to and around the work area, restrooms and other facilities used by the employee. Adjustments may be as simple as:

Widening access areas between fixtures to allow room for wheelchairs and maintaining hazard-free pathways for sight or mobility impaired employees;Raising or lowering equipment to provide required working heights;

Rearranging files or shelves for accessibility to wheelchair users;

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

FORMS OF REASONABLE ACCOMMODATION (Cont’d)

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Reasonable Accommodation for Individuals with DisabilitiesProcedures for Providing

APPENDIX 1Handbook 7855.1

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

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 individuals with disabilities are denied employment opportunities because they cannot meet the requirements of a standard 40-hour work-week. 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 tours of duty.

FORMS OF REASONABLE ACCOMMODATION (cont’d)

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ocedures for Providing Reasonable Accommodation for Individuals with DisabilitiesPr

APPENDIX 1 Handbook 7855.1

5. Flexible Leave Policies - The Department's Alternative Work Schedules Programs may beused 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).

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 assistive 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

(2) Inclement Weather. In inclement weather, it is impossible for certain employees with 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 unableto 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; and 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.


severely visually impaired persons.

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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.

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 official 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 limitation/condition in such a way

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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?

Specific examples of specialized equipment that may be provided, if warranted, by particular job duties :

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

b. Persons who are legally or totally blind: braille writers; braille paper; tape recorders; dictating equipment; electronic correcting typewriters; talking calculators; light-sensitive probes; paperless braille devices; and talking computerized devices.

c. Persons who are deaf or hearing 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 are Blind or Vision Impaired: 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 entitles such

d)’FORMS OF REASONABLE ACCOMMODATION (cont

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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 readers/interpreters as deemed necessary.

b. Interpreters for Persons with Hearing Impairments: HUD will utilize contract interpreters to provide communication services for deaf or hearing-impaired employees.

c. Personal Assistants for 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 wheelchair to a taxi or other modes of transportation, a personal assistant may be required to provide such assistance.

8. Meetings, Conferences, Seminars, and Training 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 opportunities to participate in such activities solely because they are disabled unless an undue hardship can be demonstrated by the agency.

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9. Alternative Format Materials - Federal agencies must provide alternative 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. Alternative formats include Braille, large print, audiocassette recordings, and electronic copies on computer disks.

10. Reassignment - In cases of current employees who develop disabilities during their employ-ment, 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 the DPM in coordination with affected managers and supervisors 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 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 reassignment2

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

seniority rule exception reasonable in the particular case.”a accommodation is not reasonable. However, the employee remains free to present evidence of special circumstances that makes

an hat showing that a requested accommodation conflicts with seniority rules is ordinarily sufficient to show, as a matter of law, tThe Court’s April 29, 2002 decision in U.S. Airways, Inc. v. Barnett, 2002 WL 737494 (U.S.) which held, “An employer’s

2

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04/2003




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 it is advantageous to the agency. The Office of Human Resources must approve all reassignments. The Human Resource Specialist who will conduct the search for an available vacant position will vary depending on their assigned organizational area of responsibility. Notwithstanding, the servicing Human Resource 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 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 Learning Disabilities - According to the most widely used definition (as stated in Public Law 94-142, The Education for all Handicapped Children Act), a learning 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 learning disabilities are provided every opportunity to take full advantage of training needed to meet their career development goals. A learning disability is an invisible disability. Managers and supervisors may not be aware that persons with learning 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 learning disabilities are provided an opportunity to contribute productively and to receive meaningful training.

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04/2003




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

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

b. Auditory. People with auditory perceptual problems often need to work in quiet surroundings. Many people with this learning 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.

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 - difficulty in performing a task requiring coordination; (2) visual -problems seeing something and then doing it with the hands (e.g. copying or learning 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 difficulty 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.

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04/2003




e. Academic. Dyslexia, which refers to certain difficulties in learning to read, is one of the best-known learning 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 learning disabilities classified as academic difficulties include: Dysgraphia, the inability to write, and 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.

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. Examples of mental or emotional illness include, but are not limited to, 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,

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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 participation 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.

14. Accommodations for Persons who have Human Immune Deficiency Virus (HIV)/AIDS -Employees with HIV/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 sick 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 not qualified individuals with disabilities and, therefore, are not entitled to reasonable accommodation. However, this does not exclude an individual who:

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

is participating in a supervised rehabilitation program and is no longer using illegal drugs; or

is erroneously regarded as using illegal drugs, but is not engaging in such use.

d)’FORMS OF REASONABLE ACCOMMODATION (cont

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12-1

04/2003



Handbook 7855.1 APPENDIX2


HUD FORM 1000, ACCOMMODATION REQUEST FOR PERSONS WITH DISABILITIES

Accommodation U.S. Department of Housing and Urban Development Request ~ceofAd~uation For Pe,;ons With Disabilities Disability Program Control Number: RA- Date: Manager>

CDntrol Number (RA-FJSc.J Year (e.g. 2002)-Sequencial # Assigned by Disability Program Manager)

A dninistratir.e Ins~ Before completing this form, read the reve,;e. Entries: May be either handwritten ortypewritten. Fonns Supplr. Use local office copierfor initial supply and supply and providing completed copies. Copies Retained Br. (1) Employee's Program Office; (2) Disabiliry Program Manager, (3) Employee.

Requester

Other, such as Immediate Na.me Signature SSN

Supervisor, Employee Assistance S<ili, Disability Date Organization Program Manager, and Selective Placement

Posirion Tille Series Grade CDordinator may help eln!'loyee complete this s=n Requester Comments

May be completed if others initiate form. Otherwise, entry not ~quired Receiving Official Date Received *Disapproved 0 Approved 0 Approved· 0 (e.g., Immediate supervisor, In Full In Part manager, Princip.J Name Signature Dace Organization Head, Disability Program Manager, .Hwmn

CDmments Resoun:es S<ili, Employee Assistance Program S<ili, or Employee/ Labor Relations Stili) ...

Concum:nccl Approval Date Received *Disapproved 0 Approved 0 Approved 0 Employee Assistance Saff, In Full In Part Immediate Supervisor, Name Signa= Dare Princip.J Organization Head, Disability Program Manager,

I

Comments

I

ete.

Final Decision Date Received Approved with changes 0 Appro>ed u Immediate Supervisor, •Disapproved 0 Princip.J Organization Head, -Disability Program Manager Name Signature Dare (based on Reasonable !u:commo~n CDmmittce) Comments

Funds Availability Date Received Not Available 0 Available 0 Office of the Chief Financial

Name Signature Dare Officer

CDmments

Form HUD-1000 (03/2003)

·If disapproved, complete HUD Form 11600.

2-1

0412003


Procedures (or Providing Reasonable Accommodation for Individuals with Disabilities

HUD FORM 1000, ACCOMMODATION REQUEST FOR

04/2003

Privacy A.ct Sbtement

Notice To The Employee With A Dis:abilitv Completion lnstructioru

Form Distribution-

PERSONS WITH DISABILITIES

The Depmmcm of Housing aad Urnaa Development (HUD) is authorized to colka this informacion under Section 501 of the Rehabiliatioa Aa, as amended. The informatica provided by)<lu will be used primarily to faciliate the procossiag of )<lur I<q\U:SL

Addiciaa.al uses of the information may be ro disclose information to: appropriate Feder.!, St.au: or Loc:al agencies when relevam ro civil. criminal or n:gularory investigations or prosecutions, when necessary to adjudic.re a claim for benefitS or to comply with a law goveming the reporting of coClmUilicable diseases ro Federal agencies in cooncction with a decision in hiring, t<teminn or the g=ciag of a security

clearance; aad to Federal agency. cowt or a parry in litigation when HUD is a parity ro tbe proceedings or is served with a subpoena.

Furnishing of the information is vohmwy; fail= ro fully complete this form may make it isnpo.s.sible for the Depum>:nt to process the

n:quesL

If )<lw- accommodation t<qw:st is denied, )<lU have a right to file eiclu:r aa Equal Employment Oppommity (EEO) Discaimim.tioa Comob.int or a Grievance uader the ~tiated Unioa/Manag=at ~reemeat procedwos.

R<questcr Section and R<quester Comment Section· to be completed by the employee or on behalf of the employee. Describe the medic:al conditioa/limitacian aad state the =on the accomrnodacian is needed. Identify suggested accommodation or su.re if aa appropriate accommodacian is nat lmawn. Provide alrernuive accommodacian(s) where possible. Explain what medic.a.l documemacian is provided (attached) to support the <equest. If none is conside<ed necessary, so iadiaR. Include, in the Requester Comment Section, any additina.al <ecommendacian or commcna. This sOccian should also be completed when the fonn is initiated oa belWf of the employoe.

R<eeiving Official Section· to be completed by penon who receives the request. lndicate dare request "'ceived; =ommeaded action;

juscifu:.cion for =ommcndaticn; and sipmlre aad d= In the event that the =mmended action is disapproved, the commcnos portion

should address one of the following:

• Employee does nat have a disability.

• Employee has a disabilicy, bw: oo accommodation is needed.

• The requested accooamodaaon would impose aa undue ban!ship on the Agency.

• Tbe:e is a mote appropriate accommodation available.

Concurrence/ Approval Section· to be completed by the management official who reviews the request. (e.g., Immediate

supervisor, manager, Principal OrguU:zation &.d, Disability Program Manager (based on fu:asoaable Accommodation

Committee) In the evem that the n:commcnded action is disapproved, HUD Form 11600, Denial of Reasonable Accammodacion R<quesr. must be completed aad forwuded ro the Disability Program Manager/fu:asonable Accommodation Committee for review. The

commems/juscifu:.cion should address the following:

• Dare R<qucst Received • &commended Action

• &commended Action • Adequacyof Medici Documemacian

• Sipmlre am Date

Final Decision Section· to be completed by tbe Decision Maker on the tequest. e.g., Immediate supervisor, , manager, Principal Organization Head. In tbe event that tbe final action is approved, identify selected =soaable accommodation in the

commeaos section. In the event that the ~"Commended action is disapproved, HUD Form 11600, Denial of Reasonable Accommodation

Request. must be completed aad forwuded to the Disability Program Managerlfu:asonable Accommodation Commictee for final

review.

Funds Availability Section. to be completed by the Office of the Chief Fmancial Officer.

Copies of this form should be tet.ained, after completion, by the following:

• Employee • Originaciag Office's Adminismlive Off""' ("u inYOived in the process)

• Disabilicy Progr= M.aager (original aad supporting documentacian, if aayJ + Offu:e of the O>ief Finaacial Offu:er (Funds Availabilicy Approval Offu:e)

Form HUD-1000 (03/2003) 2-2


Procedures for Providing Reasonable Accommodation (or Individuals with Disabilities

HUD FORM 11600, DENIAL OF REQUEST FOR REASONABLE ACCOMMODATION

I OU.S. Department of Housing and Urban Development

~ceofAdn1Urisnation

DENIAL OF REASONABLE ACCOMMODATION REQUEST

The Decision Making Official must complete questions 1 through 4 (and, if applicable, question 5), and must sign and date this form. The original must be forwarded to the employee or applicant that requested the reasonable accommodation and a copy to the Disability Program Manager, if not the decision maker. The Disability Program Manager shall retain a copy for reporting purposes.

1. Enter the following information about the employee or applicant who requested the reasonable accommodations:

Requester's Name:

Office: Location:

Control Number Assigned (From HtlD Form-1000):

Date of Request: (From HUD Form-1000)

Date of Denial: (From HUD Form-1000):

2. Type(s) of Reasonable Accommodation requested:

RA-200 ----

3. Reason for Denial of Accommodation Request {check the appropriate boxes below):

0 Accommodation Ineffective

0 Accommodation Would Cause Undue Hardship

0 Medical Documentation Inadequate

D Accommodation Would Require Removal of an Essential Job Function

D Accommodation Would Require Lowering of Performance or Production Standards

0 Other{Please specify):

4. Detailed reason{s) for the denial ef reasonable accommodation (Must be specific, e.g., why the accommodation is ineffective or causes undue hardship):

5. If the proposed reasonable accommodation is being denied and an effective alternative accommodation was offered, but rejected by the individual, explain the reason( s) for denying the proposed accommodation, the effectiveness of the alternative accommodation, and the individual's stated reason for its rejection:

Form HUD-11600 (03/2003) 3-1

04/2003

Handbook 7855.1 APPENDIXJ

Procedures [or Providing Reasonable Accommodation (or Individuals with Disabilities

HUD FORM 11600, DENIAL OF REQUEST FOR REASONABLE ACCOMMODATION

0412003

U.S. Department of Howing and Urban Development

~ceof~saation

DENIAL OF REASONABLE ACCO:Ml\10DATION REQUEST, (Ontinue:l)

6. If an individual wished to request reconsideration of this decision, s/he may take the following steps:

+ First, ask the decision maker to reconsider his/her decision. Present any additional information in support of the request.

+ If the decision maker does not reverse the denial:

• and the decision maker was the immediate supervisor, you can ask the Principal Organization Head to reconsider.

• and the decision maker was the Principal Organization Head; you can ask the Disability Program Manager, through the Reasonable Accommodation Committee (RAC) to reconsider.

+ You can also elect to use the Alternative Dispute Resolution Program to request reconsideration. ..

7. If an individual wished to file an EEO complaint or pursue Merit Systems Protection Board (MSPB) and union grievance procedures, s/he must take the following steps:

+ Foran EEO complaint pursuant to 29 C.F.R. § 1614, contact an EEO Counselor in the Office of Departmental Equal Employment Opportunity (ODEEO); or

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

+ Initiate an appeal to MSPB within 30 days of an appealable adverse action defined in 5 C.F.R § 120t3.

I DEODING omCIAL,

Name:

Signature:

3-2

Date:

Form HUD-11600 (03/2003)



HUD FORM 11601, REASONABLE ACCOMMODATION INFORMATION REPORTING

U.S. Department of Housing and Urban Development ~ceofAd~tration

REASONABLE ACCOl'vfMODATION INFORMATION REPORTING FORM

Enter the following information about the employee or applicant -who requested the reasonable acco=odation:

Requester's Name:

Office /lc Location:

Control Number Assigned: .:;RA:...:..· ----------

1. Reasonable Acco=odation: (Check one)

0 Approved 0 Denied (J denied, attach copy of the Denial of Reasonable Accommodation Request Form HUD-11600).)

2. Date Reasonable Accommodation requested: (Enter Date of Receipt)

Name and Title of pe.rson who received initial request:

3. Date Reasonable Accommodation request referred to Decision Maker (i.e., Supervisor, Disability Program Manager, Principal Organization Head):

(Enter Date of Receipt)

Name and Title of Decision Maker:

4. Date Reasonable Acco=odacion approved or denied: (Enter Date of Decision)

5. Date Reasonable Acco=odation provid"ed: (Enter, if different from date approved)

6. If time frames outlined in the Reasonable Acco=odation Procedures were not met, please explain Why:

7. Current position or, if an applicant, desired position of the individual requesting Reasonable Acco=odation (including position title, series, grade level, and office):

Form HUD-11601 (03/2003) 4-1

04/2003



HUD FORM 11601. REASONABLE ACCOMMODATION INFORMATION REPORTING U.S. Department of Housing and Urban Development

0412003

Office of Administration

REASONABLE ACCOMMODATION INFORMATION

REPORTING FORM, Page 2

8. Reasonable Accommodation needed for: (Check one)

0 Application Process

0 Performing Job Functions or Accessing the Work Environment

0 Accessing a Benefit or Privilege of Employment (e.g., attending a training program or social event):

9. Type(s) of Reasonable Accommodation provided (e.g., adaptive equipment, staff assistant, removal of Architectural barrier):

10. Type(s) of reasonable accommodation provided (if different from what was requested):

11. Was medical information required to process this request? If yes, explain why.

12. Sources of technical assistance, if any, consulted in trying to identify possible Reasonable Accommodations (e.g., Job Accommodation Network, disability organization, Disability Program Manager):

13. Comments:

I Name and Titie of person completing this form

Date Room Number Telephone Number/Extension

Attach copies of all documents obtained or developed in processing this request.

4-2 Form HUD-11601 (03/2003)

form HUD-22006 (07/2005)

Computer AccommodationsRequest (PL 99-506 Sec. 508)

U.S. Department of Housing and Urban DevelopmentOffice of Chief Information Officer

Assistive Technology Program

Name of employee requesting accommodations Job Title Series and Grade (example: GS-301-6)

HUD Office Address Correspondence Code Telephone

Name of Accommodation Warranty (if any) Accommodation Cost (if known)Type

Total Cost

Describe the need for the accommodation equipment. Attach supporting documents such as a medical certificate.

Complete this form to request assistive technology software and/or hardware devices for computer access if you have one or more

of the following disabilities: visual, mobility, hearing and/or cognitive/learning. A physician’s statement and/or medical certificate

is required. Two levels of notification are required (your current supervisor and Assistive Technology Program

Coordinator/Customer Service Division Director). Attach a copy of the data file to a mail message and send it to AT

Request mail box.

Submit a signed hard copy to: U.S. Department of Housing and Urban Development, Office of Information Technology, Computer

Services Division, AYI, Washington, DC 20410-3000.

Date of Request

Name of Supervisor Assistive Technology Program Coordinator/Computer Services Division Director��

Signature Date Signature Date

Disability Code from SF-256

Approval by Management NameInformation Systems Official

Signature Date

Official Use Only

Handbook 7855.1 APPENDIX 6

Procedures for Providing Reasonable Accommodation for Individuals with Disabilities

04/2003

6-1

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, learning 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 strength, restriction of motion, and/or lack of trunk control in bending, turning or

balancing. Disabilities such as arthritis, congenital deformities, scoliosis (lateral curvature of the spine), and spinal cord injury may cause this limitation.



6-2 04/2003

GLOSSARY OF FUNCTIONAL LIMITATIONS (Cont’d) 6. Difficulty in Using Lower Extremities. Slowness of gait, 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.

7. Inability to Use Upper Extremities.

Complete paralysis, severe incoordination, or amputation of upper extremities. Disabilities such as amputation, arthritis, cerebral palsy, congenital deformities, and spinal cord injury may cause this limitation.

8. Incoordination.

Lack of control in placing or directing extremities (spasticity). Disabilities such as ataxia, cerebral palsy, stroke, hemiplegia, multiple sclerosis, and Parkinson's disease may cause this limitation.

9. Limitation of Hearing. Persons with this limitation cannot understand usable speech with or without amplification.

Persons with such conditions as brain damage, cancer, and complications from other disabilities such as congenital and traumatic loss, and otosclerosis may experience this limitation.

10. Limitation of Sensation.

Impaired nerve reception (heat, touch, pain, pressure) in various parts of the body. Disabilities such as stroke, polio, spinal cord injury, diabetes, and trauma may cause this limitation.

11. Limitation of Sight.

Cannot read newspaper-size print, have a vision of 20/200 (legally blind), have a vision field defect of 10% or less or have hemianopsia (one-sided vision). Disabilities such as cancer,



04/2003

6-3

GLOSSARY OF FUNCTIONAL LIMITATIONS (Cont’d) cataracts, congenital or traumatic blindness, diabetes, glaucoma, tunnel vision, and retina degeneration may cause this limitation.

12. Limitation of Speech.

Have slow and/or indistinct speech, or use nonverbal communication. Disabilities such as brain damage, cancer, cerebral palsy, stroke, and hearing disorders may cause this limitation.

13. Limitation of Stamina. Shortness of breath and/or abnormal elevation of blood pressure due to mild physical exertion.

Disabilities such as asthma, arthritis, cardiac condition, cerebral palsy, stroke, emphysema, hypertension, multiple sclerosis, muscular dystrophy, renal disease, spinal cord injury, and tuberculosis may cause this limitation.

14. Poor Balance. Difficult or impossible to maintain balance when moving or when stationary (standing,

walking, rising, stair climbing). Disabilities such as amputations, stroke, ataxia, cerebral palsy, deafness, multiple sclerosis, muscular dystrophy, Parkinson's Disease, and spinal cord injury may cause this limitation.



7-1 04/2003

RESOURCES

AGENCY RESOURCES

1. Office of Departmental Equal Employment Opportunity - The Director, ODEEO, who also

serves as the Department's Equal Employment Opportunity Officer, has overall responsibility for assuring that an effective mechanism for handling reasonable accommodation is established and maintained. This responsibility includes establishing and disseminating Department-wide policy and procedures, monitoring, and reporting on all reasonable accommodation requests. ODEEO can be reached at (202) 708-5921.

2. Assistant Secretary for Fair Housing and Equal Opportunity (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.

3. Departmental Disability Program Manager (DPM) - The DPM is responsible for advising

supervisors, managers, employees and personnelists in regulations relating to reasonable accommodation, as needed. The DPM maintains records and files, and ensures the information is accessible to the EEO staff for reporting purposes. The DPM serves as liaison in coordinating and monitoring a variety of administrative functions such as training, tracking, reporting functions, etc. The DPM can be reached at (202) 708-2000.

4. Assistant Secretary for Administration - The Assistant Secretary for Administration has

Department-wide responsibility for centralized control over the processing of reasonable accommodations; and the tracking and the internal reporting on reasonable accommodation efforts and activities. This includes staff resources for readers, interpreters, and personal assistants; providing training; and producing material in alternative formats. The Assistant Secretary for Administration also has overall responsibility for technology accessibility.

5. 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



04/2003

7-2

AGENCY RESOURCES (Cont’d) (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 Disability Program Manager shall serve as the chairperson and is responsible for informing the requester of the Committee’s final decision. 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.

6. Advisory Committee for Persons with Disabilities - provides advice and feedback to

management on issues related to the employment of persons with disabilities. 7. 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.

8. Employee Assistance Program (EAP)/Employee Relations/Labor Relations - 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. The Headquarters EAP is located in the Office of Human Resources and can be reached at (202) 708-0523.

The Employee/Labor Relations staff provides technical advice and assistance to managers on performance base actions and employees’ medical inability to perform job related functions, including the evaluation of medical documentation in support of reasonable accommodation.

9. Chief Technology Officer (CTO) - The Chief Technology Officer in the Office of

Administration has Department-wide responsibility for handling technology accessibility issues under Section 508 of the Rehabilitation Act of 1973, as amended. The CTO can be reached at (202) 708-4401.



7-3 04/2003

RESOURCES (Cont’d)

GOVERNMENTWIDE RESOURCES

1. U.S. Department of Labor (DOL) Office of Disability Employment Policy 200 Constitution Avenue, NW, Room S-1303 Washington, D.C. 20210 TTY: (877) 889-5627 Fax: (202) 693-7888 Phone: (202) 693-7880 or 866-4-USA-DOL Email: [email protected] http://www.dol.gov/odep/welcome.html

--- Provides information and guidance. 2. Equal Employment Opportunity Commission (EEOC)

1801 L Street, NW Washington, D.C. 20507 (202) 663-4842 (Voice) or (202) 663-4053 (TTY)

--- Provides guidance to federal agencies on providing reasonable accommodations and on

developing and implementing affirmative employment programs for hiring, placement and advancement of persons with disabilities. The Appellate Review Program (ARP), Office of Federal Operations, adjudicates appeals of administrative decisions and final orders.

3. Department of Justice (DOJ)

Coordination and Review Section Civil Rights Division 10th 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: telecommuni-



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cation devices for deaf people, access to public meetings, assistive devices, and interpreter referral services.

GOVERNMENTWIDE RESOURCES (Cont’d)

4. U.S. Department of Justice Disability Rights Section

Civil Rights Division Disability Rights Section-NYAVE 950 Pennsylvania Avenue, NW Washington, D.C. 20407 Toll Free: (800) 514-0301 TTY: (800) 514-0383 Fax: (202) 514-0404 http://www.usdoj.gov/crt/drs/drshome.htm

--- Focuses on all disabilities and is especially knowledgeable in how disabilities relate to the

ADA of 1990. 5. U.S. Department of Education

National Institute on Disability and Rehabilitation Research (NIDRR) 400 Maryland Avenue, S.W. Washington, D.C. 20202-2572 TTY: (202) 205-4475 Phone: (202) 205-8134

--- Provides information on computer accommodations for persons with disabilities and

assistance with computer-related problems. 6. National Council on Disability

1331 F Street, NW Suite 1050 Washington, D.C. 20004 Voice: (202) 272-2004 TTY: (202) 272-2074 Fax: (202) 272-2022 --- Addresses, analyzes and makes recommendations on issues of public policy that affect

persons with disabilities.



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GOVERNMENTWIDE RESOURCES (Cont’d) 7. Office of Personnel Management (OPM)

Equal Employment Opportunity Office 1900 E Street, NW Washington, D.C. 20415 Voice: (202) 606-2460

--- Provides information and guidance.

8. National Institute of Mental Health

Office of Communications and Public Liaison Information Resources and Inquiries Branch 6001 Executive Boulevard, Room 8184 Bethesda, MD 20892 Voice: (301) 443-4513 Fax: (301) 443-4279 Email: [email protected] http://www.nimh.nih.gov

--- Provides material and assistance related to mental health.

9. Job Accommodation Network (JAN)

P.O. Box 468 Morgantown, West Virginia 26505 Voice: 1-800-526-7234, TTY: 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 Voice: (202) 245-7634



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-- Provides information on persons with mental retardation.

GOVERNMENTWIDE RESOURCES (Cont’d) 11. United States Department of Agriculture (USDA)

TARGET (Technology Accessible Resources Gives Employment Today) CENTER, Room 1006 Fourteenth and Independence Avenue, SW Washington, D.C. 20250 Voice: (202) 720-2600 http://usda.gov/oo/target

--- Provides information resources and technology demonstrations to assist employees in

locating and selecting equipment adapted to the needs of disabled 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

Information Technology Center 810 Vermont Avenue, NW Washington, D.C. 20420 Voice: (202) 273-8842

--- Operates an extensive demonstration center of computer technology usable by persons

with disabilities.

13. Disability and Business Technical Assistance Centers (DBTACs) Voice/TTY: (800) 949-4232

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.

14. Merit Systems Protection Board (MSPB) 1615 M Street, NW Washington, DC 20419.



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Voice: (800)-209-8960

The US Merit Systems Protection Board (MSPB) protects the integrity of the Federal merit systems and the rights of Federal employees working in the systems.

GOVERNMENTWIDE RESOURCES (Cont’d)

15. Registry of Interpreters for the Deaf

The Registry offers information on locating and using interpreters and transliteration services. Voice/TTY: (301) 608-0050 RESNA Technical Assistance Project Voice: (703) 524-6686 TTY: (703) 524-6639 http://www.resna.org 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 available 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.

NON-FEDERAL RESOURCES

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 employ-ment 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



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Voice/TTY: (202) 337-5220

NON-FEDERAL RESOURCES (Cont’d)

b. American Council of the Blind

1010 Vermont Avenue, NW, Suite 1100 Washington, D.C. 20005 Voice: (202) 467-5081 http://www.acb.org

c. American Association of Mental Retardation

444 North Capital Street, NW Suite 846 Washington, DC 20001-1512 Voice: (800) 424-3688 or (202) 387-1968 (http://www.aamr.org

d. Council of State Administrators of Vocational Rehabilitation

1005 Thomas Jefferson Street, NW Washington, D.C. 20007 Voice: (301) 654-8414

e. Disabled American Veterans

807 Maine Avenue, SW Washington, D.C. 20024 Voice: (202) 554-3501

f. Epilepsy Foundation of America

4351 Garden City Drive Suite 406 Landover, Maryland 20785 Voice: (301) 459-3700

g. National Center on Accessibility

2805 East 10th Street – Suite 190 Bloomington, IN 47408-2698 Voice: (812) 856-4422 TTY: (812) 856-4421 Fax: (812) 856-4422 http://www.indiana.edu/~nca



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h. Learning Disability Association (LDA) (formerly the Association for Children and Adults with Learning Disabilities) 4156 Library Road Pittsburgh, Pennsylvania 15234 Voice: (412) 341-1515 or (412) 341-8077

i. Little People of America

P.O. Box 633 San Bruno, California 94066 Voice: (415) 589-0695

j. Mainstream, Inc.

1200 15th Street NW Washington, D.C. 20005 Voice/TTY: (202) 833-1136

k. Muscular Dystrophy Association

810 Seventh Avenue New York, New York 10019 Voice: (212) 586-0808

l. National Association of the Deaf

814 Thayer Avenue Silver Spring, Maryland 20910 Voice/TTY: (301) 587-1788

m. National Center for Learning Disabilities

99 Park Avenue New York, New York Voice: (212) 687-7211



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n. National Federation of the Blind

1800 Johnson Street Baltimore, Maryland 21230

Voice: (301) 659-9314 o. National Information Center on Deafness

Gallaudet University 800 Florida Avenue, NE Washington, D.C. 20002 Voice: (202) 651-5052, or TTY: (202) 651-5976 or Voice/TTY: (800)-672-6720

p. National Multiple Sclerosis Society

205 East 42nd Street New York, New York 10017 Voice: (212) 986-3240

q. National Organization on Disability (NOD)

910 16th Street, NW, Suite 600 Washington, D.C. 20006 Voice: (202) 293-5960 or TTY: (202) 267-3232

r. National Rehabilitation Information Center

8455 Colesville Road, Suite 935 Silver Spring, Maryland 20110-3319 Voice: (301) 588-9284, TTY: (301) 495-5626, or Voice: (800) 346-2742

s. National Spinal Cord Injury Association

600 West Cummings Park Suite 2000 Woburn, Massachusetts 01801 Voice: (617) 935-2722 or (800) 962-9629



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t. Paralyzed Veterans of America

810 Eighteenth Street, NW Washington, D.C. 20006

Voice: (202) 872-1300 u. Self Help for Hard of Hearing People

7800 Wisconsin Avenue Bethesda, Maryland 20814 Voice: (301) 657-2248 or TTY: (301) 657-2249

v. United Cerebral Palsy Association

7 Penn Plaza Suite 804 New York, New York 10001 Voice: (212) 268-6655 or (800) 962-9629

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 Independent 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, D.C. 20202 Voice: (800) 872-5317) TTY: (800) 437-0833 Email: [email protected]



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Procedures [or Providing Reasonable Accommodation [or Individuals with Disabilities

EXECUTIVE ORDER 13164

Federal Register/VeL 65, No. 146/Frlday, July 28, 2000/Plesidenlial Dcc:wnmts 46565

Presidential Documents

Executive Order 13164 of July 26, 2000

Re~ Federal A_gencies To Establish Procedures To FaCilitate the Provislon of Reasonable Accommodation

By the authority vested in me as President by ths Ccnst:i.tnticn and the la"Ws of the United States of Ametica, including the Rehabilitation Act of 1!!73 (29 U.S.C. 701 et seq.), as amended, and in order to promote a model Fedaral. wCJ:kplacs that provides reasonable acccmmodatiol:i for (1) individ· uals with diSabilities in the application process fer Federal ~t: (2) Federal employees with dhabilities to perform th11 essential fuDcticms of a poSition; and (3) Federal employees with disabilities tD enjoy beae5.ts and ptivileges of em,Ployment squill to those enjoyed by employees without disalillities, it is hereby ordered as follows: Section 1. Establishment of Effective Wr.itten Procedrzres to Fac!Et.atE tlte Pruvision of :&asonable Accommadatian.. (a) Each Federal agency shall establish e££ective written procedures fer processing requests for riascmahle accom· mod.ation by employees and applicants with disahilities. Tlls writtm prcca-

. dures may allow different components of an agency tD tailer their procedures 'aS necessary to ensure the expeditious processing of requests. .

(b) A3 set fmtb. in ~~ the Course: 71le Fiat Bspart af the Preri· · dantial Task Force an Employment af M.a1ts with DisDbilities (1998), dactive

wrltten procedures for procassing requests i'at' reascmable accammodation shoal.d ilic1uds the fDilcWiDg:

(1) ~ ~!tloyee or job applicant may .iml:iate a request for reascmahle lien crally or in writing. :rf the agmcy requires an applicant or employee to complete a reascnabla acccmmodaticm ~ form. for racardkeeping pmposas, ths ii:n:m. must be providad as en attach· ment to the agency's written plCCedures; (2) Explain how tha agencY, wlll :F.Ccess ~:request for reescmabie ecccmmcdaticn:i. and fmm whmil the indindu.al will~ a final dacisicm: (3) Designate a time jericd durmg which :reasCIUible acccmmndaHan requests wlll be grmte or danied, absent extenmting c::lrcamstances Tlme limits for deciSion mal:.:ing should be as short as :reasonably possible; (4) Explain the. respcnsibllity of the employee ar applicam tD provida appro~ IIIBdical f.ufnftnmon related to the £o.nctii:iDal impa:irment at issue ind the reqaested accommodation where the disabilicy mmior need for acccmmcdation is net obvians; .

(5) Explain the agency's right to request relevant su~:ftta! medical jnfnrmatiCil if the iufcnnaticn submitted does net explain the nature of the disability, or ~ need far the :reascmable acccmmodation, ar does net otherw1se C1arHY haw the ~d acccmmod.aticn w:iD. assist the employee to perform the essential flmcticns of the job or to enjoy the benefits and privileges of the wcr.kplace; (6) Explain the agency's right to have medical iufcrmatian reviewed by a medii:al expert of the agency's choosing at the agency's expense: (7) Provide that reassignment will be considered as a reasonable accommodatian if the agency datamlines that u.c other reasonable acccmmodation will permit the employee with a disability to per!o= the essential fane. ti.ons of his or her =t position; · (8) Provide that reasonable acccmmcdation danials be in writing and specify the reasons fer denial;

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EXECUTIVE ORDER 13164 (cont'd)

46566 Federal Register/VeL 65, No. 146/Frld.ay, July 28, 2000/Presidential Documents

[PR. Doc. 110-:19323

Fllocl 7-%7..00: 8:45 Bill]

BIUills cac1o 319&-01-¥

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(9] Ensure that agencies' systems of recordkeeping track the processing of requests for reasonable accommodation and maintain the confidentiality of medical information received in accordance with applicable law and regulations; and (10) Encourage the use of infotmal dispute resolution processes to allow individuals with disabilities to obtain prompt reconsidetal:ion of denials of reasonable acco=odation. Agencies must also inform individuals with disabilities that they have the right to file complaints in the Equal Employment Opportunity process and other statutory processes, as appropriate, if their requests for reasonable accommodation are denied.

Sec. 2. Submission of Agency Reasonable Accommodation Procedures to tbe Equal Employment Opportunity Commission (EEOC]. Within 1 year from the date of this order, each agency shall submit its procedures to the EEOC. Each agency shall also submit to the EEOC any modifications to its reasonable accommodation procedures at the time that those modifications are adopted. Sec. 3. Collective Bargaining Obligations. In adopting their reasonable accommodation procedures, agencies must honor their obligations to notify their collective bargaining representatives and bargain over such procedures to the extent required by law. Sec. 4. Implemerrtation. The EEOC shall issue guidance for the implementa-tion of this order within 90 days from the date of this order. . Sec. 5. Construction and judicial Review. (a) Nothing in this order limits the rights that individuals with disabilities may have under the R.ehabilitatiim Act of 1973, as amended.

(b) This order is intended only to improve the intemal management of the executive branch and does not create any right or benefit, substantive · or procedural, enforceable at law or equity by a party against the United

· States, its agencies, its bfficers, its employees, or any person.

THE WHITE HOUSE, July 26, 2000.

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Procedures For Providing Reasonable Accommodation for ...U.S. DEPARTMENT OF HOUSING AND URBAN...

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