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Dear Bureau Pat: I have a staff member with a disability. What are my obligations as a supervisor to provide reasonable accommodations?

By Bureaupat Jul 04 2008, 08:34 AM

Dear Bureau Pat, 

I have a staff member with a chronic health condition who for years did not require any special accommodations.  Recently, his condition progressed to where he has requested special equipment to fulfill his day-to-day activities at work.  What are my obligations as a federal supervisor regarding reasonable accommodations and is my office responsible for personal items such as glasses, wheel chairs or hearing aids?

Dear Perplexed,

As a model employer, the federal government has lead the effort in not just educating the public about employment opportunities available for individuals with disabilities, but understanding the contributions that all people provide - even your old boss you swore was retarded.

In order to understand your responsibilities as a supervisor, Bureau Pat feels obligated to provide a little background first.

As a federal employer, you must first comply with Executive Order 13163, Increasing the Opportunity for Individuals with Disabilities to be Employed in the Federal Government, where you and your employer are responsible for:
 

  • Providing reasonable accommodations for qualified applicants and employees with disabilities, consistent with each agencies' reasonable accommodation policies as well as guidance from the Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (EEOC).

Specifically, you are also required to be compliant with Executive Order 13164, Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, and resulting EEOC guidance dated October 20, 2000, where reasonable accommodations must be provided to qualified individuals with disabilities unless to do so would impose an undue hardship on the agencies.

So what is a reasonable accommodation?

It sure isn't Gitmo!  Reasonable accommodation, according to the Rehabilitation Act of 1973, is a change in the work environment or in the way things are customarily done that would enable an individual with a disability to enjoy equal employment opportunities. There are three categories of reasonable accommodations:

  1. Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille);
  2. Modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of the job (such as providing sign language interpreters); and
  3. Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of employment (such as removing physical barriers in an office cafeteria - sorry, we're talking inanimate objects here, not you large cubicle mates).

Remember, you do not have to provide reasonable accommodations that would impose an undue hardship on the operation of the agency.

So what is an undue hardship? 

An undue hardship is a specific accommodation would require significant difficulty or expense. This determination, which must be made on a case-by-case basis, considers factors such as the nature and cost of the accommodation needed and the impact of the accommodation on the operations of the agency. 

Regarding your question on personal items, you are not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

More importantly, the federal government has empowered you to make the decision in most cases to eliminate unnecessary levels of review and to cut the typical bureaucratic red tape.  If you deny this individual's request for a reasonable accommodation, you must notify the individual in writing of the denial and the reasons for it. The denial should be written in plain language with as much specificity as possible, and should identify the employee or office that made the decision.  In other words, CYA!

I hope this information helps in your decision and serves you and your staff well.
 

The Only,

 


Got a question for Bureau Pat?
 

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Read More: Office Of Personnel Management (OPM), U.S. Congress, Information Sharing, Dear Bureaupat

 
 
 
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