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EEO Issues
Supervisor’s Desk Aid No. 6
Reasonable Accommodation for Employees with Disabilities
If a Department of Labor (DOL) employee has a disability that impairs the employee’s ability to perform his or her job, the Department may have an obligation to provide that employee with a reasonable accommodation. Accommodations may include such things as: providing special equipment, readers, or interpreters; altering the work environment; job restructuring; and part-time or modified work schedules. Reassignment to another position may be appropriate in instances where there is no reasonable accommodation that would permit the employee to perform the essential functions of his or her present job.
Take a request for accommodation seriously and act promptly. If an employee requests an accommodation, you as the supervisor must take the request seriously. You and the employee should work together to find an accommodation that balances the legitimate needs of both the employee and the agency. Be open minded. Whenever possible, you should base your decision to grant or deny an accommodation request on sound medical opinions offered by qualified medical professionals.
If you decide to grant an accommodation request, keep a written record of this decision and share it with the employee.
In dealing with the employee’s accommodation request, you may learn details of the employee’s medical condition and may see the employee’s medical records. Never breach the confidentiality of an employee’s disclosure of his or her medical condition or the employee’s medical records. Disclosure of these private matters is permitted, by the Privacy Act, only to those who “need to know” in order to evaluate or assist in granting an accommodation request.
Use your resources. Consult your agency EEO manager and the Civil Rights Center (CRC) Disability Technical Advisor (202/219-6362) for guidance and assistance throughout the reasonable accommodation procedure outlined below.
1 • Reviewing the accommodation request. Promptly acknowledge your receipt of the accommodation request and review it to make sure that it contains:
□	a description of the disability and functional impairment necessitating the accommodation;
□	a description of the accommodation (if known) which will allow the employee to perform the essential job functions (or enjoy the same workplace benefits as other employees); and
□	medical documentation to support the functional impairment and requested accommodation.
If the request is oral, confirm your understanding of the request in writing. Do not confuse the accommodation request and procedures with other procedures such as a request for flexiplace or worker’s compensation. If the request lacks any of the foregoing information, specify to the employee in writing any additional materials you need.
Provide the employee with a copy of the DOL Policy Memorandum: Reasonable Accommodation for Qualified Individuals with Disabilities.DOC.
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U. OF I. LIBRARY AT URBANA/ CHAMPAIGN
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Identifying the essential functions of the job. Carefully identify the essential functions of the job. Ask yourself whether removing the function would fundamentally alter the position.
Evaluating the request. Your decision on the request should be based on:
□	the information submitted (if you need additional medical information, request it in writing);
□	an understanding of the job-related limitations imposed by the individual’s disability and how the limitations could be overcome with a reasonable accommodation;
□	the effectiveness of the proposed accommodation in enabling the employee to perform the essential functions of his or her position; and
□	the legitimate needs of the agency and whether the requested accommodation would cause an undue hardship on agency operations.
Respond to requests for reasonable accommodation within 15 days of receipt. If you need additional information or consultation with a physician, so notify the employee within 15 days of receipt.
Granting an accommodation. If you decide to grant the requested accommodation or if you and the employee agree on an alternative accommodation, promptly notify the employee of your decision in writing. Make sure that you identify the expectations of both parties, provide an implementation timetable, and follow up to make sure that the accommodation is implemented as promised.
Requesting review of medical records. If after consultation with the employee and review of the medical documentation you conclude that you need assistance to evaluate it, contact the CRC or the Civil Rights Officer in your region. The CRC will arrange for the Public Health Service (PHS) to conduct a medical assessment of the accommodation request. Promptly notify the employee of the status of the request. When the PHS report is received, give a copy of it to the employee.
Offering an alternative or denying a request.
If you decide that there is another accommodation that would better serve the Department’s legitimate organizational needs and still meet the needs of the employee, you can deny the employee’s request and grant an alternative accommodation. Make sure that whatever accommodation you grant:
□	addresses those barriers that make it difficult for the employee to perform the job-related tasks because of the disability;
□	assists in accomplishing the essential functions of the job; and
□	is based on the sound medical judgment of medical professionals and knowledge of accommodation technology.
If after reviewing all of the documentation (including the PHS report, if there is one), you believe the accommodation should be deniedyou must first contact SOL for legal help. If it is determined that there is no legal obligation to grant the employee’s accommodation request, you must inform the employee in writing, detailing the reasons for denying the request and informing the individual of his or her right to file an EEO complaint. A decision to deny a request or offer an alternative accommodation, must be forwarded to the CRC for review prior to its issuance to the employee.	university of ilunois-urbana
September 1997
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