**Reasonable Accommodation**

**for the**

**Federal Emergency Management Agency**

**Foreword**

**1. [Purpose]{.underline}.** This transmits changes to FEMA Manual
1430.1, "Reasonable Accommodation for the Federal Emergency Management
Agency" (FEMA), dated August 22, 2001. Requests for reasonable
accommodations will be processed by FEMA, and where appropriate,
provided in a prompt, fair and efficient manner.

**2. [Action]{.underline} Required.** Holders of FEMA Manual 1430.1,
shall file this transmittal sheet in front of the Manual for reference
purposes.

**3. [Change Lines]{.underline}.** A vertical line in the right or left
margins immediately opposite the new or revised material indicates new
or revised material appearing on the change page.

**[Insert]{.underline} [Remove]{.underline}**

###### New Table of Contents Old Table of Contents

Pages 1-1, 1-2, and 1-3 Page 1-1 and 1-2

Pages 2-1 Page 2-1 and 2-2

Page 3-1 Page 3-1

Page 4-3 Page 4-3

Page 5-1, 5-2 and 5-3 Page 5-1 and 5-2

Pages 8-1 and 8-2 Pages 8-1 and 8-2

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Joe M. Allbaugh

> Director

**Contents**

**Chapter 1 - General Information** **[Page]{.underline}
[Paragraph]{.underline}**

Purpose 1-1 1-1

Applicability and Scope 1-1 1-2

Policy 1-1 1-3

Procedures 1-1 1-4

Authority 1-1 1-5

References 1-1 1-6

Responsibilities 1-2 1-7

Definition of Key Terms 1-2 1-8

Forms Prescribed 1-3 1-9

**Chapter 2 - Request For Reasonable Accommodations**

Reasonable Accommodations 2-1 2-1

Written Requests 2-1 2-2

**Chapter 3 - Examples of Accommodations**

Computer and Electronic Assistive Devices 3-1 3-1

Reader or Sign Language Interpreter 3-1 3-2

Accessible Parking/Materials 3-1 3-3

Telework 3-1 3-4

**Chapter 4 - Interactive Process**

Interactive Process 4-1 4-1

Requests for Medical Information 4-2 4-2

Confidentiality Requirements 4-3 4-3

**Chapter 5 - Time Frames**

Processing Requests 5-1 5-1

###### Extenuating Circumstances 5-1 5-2

**Chapter 6 - Granting A Reasonable Accommodation Request**

Granting a Request 6-1 6-1

Denial of a Request 6-1 6-2

Dispute Resolution 6-2 6-3

**i**

**[Page]{.underline} [Paragraph]{.underline}**

**Chapter 7 - Claims**

Statutory and Collective Bargaining Claims 7-1 7-1

**Chapter 8 -- Assistance Information**

Tracking and Reporting 8-1 8-1

Inquiries 8-1 8-2

Distribution 8-1 8-3

Resource Assistance 8-2 8-4

[**Appendix A - FEMA Form 14-13,** **\"Request for Reasonable
Accommodation\"**]{.underline}

**[Appendix B - FEMA Form 14-13A, "Reasonable Accommodation Information
Reporting Form\"]{.underline}**

**[Appendix C - Department of Defense (DOD) -- CAP (Computer
Accommodation Program) Accommodation Request Form]{.underline}**

**ii**

**Chapter 1**

**General Information**

**1-1. [Purpose]{.underline}**. This manual establishes the policy and
procedures for the Federal Emergency Management Agency (FEMA) on
reasonable accommodation.

**1-2. [Applicability and Scope]{.underline}**. The provisions of this
manual are applicable to permanent full-time and part-time employees,
Cadre On-Call Response (CORE) employees, Disaster Assistance Employees
(DAEs), disaster local hires and applicants for any of these positions
at FEMA.

3.  **[Policy]{.underline}.** FEMA\'s policy is to fully comply with the
    reasonable accommodation

requirements of the Rehabilitation Act of 1973. Under the law, Federal
agencies must provide reasonable accommodations to qualified individuals
with disabilities, except in cases where this would cause undue
hardship. (See Section 1-8 for definitions of "Qualified Individual With
a Disability" and "Undue Hardship.")

# 1-4. [Procedures]{.underline}. Requests for reasonable accommodation can be made as follows:

**a.** An employee may request a reasonable accommodation orally or in
writing from his/her immediate supervisor or the Disability Program
Manager. Any request must be documented on Form 14-13, "Request for
Reasonable Accommodation" (Appendix A).

> **b.** An applicant for employment may request a reasonable
> accommodation

orally or in writing from any FEMA employee with whom s/he has contact
in connection

with the application process. Such employee must forward the request to
the appropriate

decision maker (as delineated in Section 1-7) as soon as possible. An
applicant for employment

may also request reasonable accommodation from the Disability Program
Manager in the Office

of Equal Rights. An oral request must be documented on Form 14-13,
"Request for Reasonable

Accommodation" (Appendix A).

**c.** A family member, health professional, or other representative may
request an accommodation on behalf of a FEMA employee or applicant. The
request should go to one of the same persons to whom the employee or
applicant would make the request.

**1-5. [Authority]{.underline}**. Section 501 of the Rehabilitation Act
of 1973. Under this law, Federal agencies must provide reasonable
accommodation to qualified employees or applicants with disabilities,
except in cases where this would cause undue hardship to the Agency.

**1-6. [References]{.underline}**. Title 29, Code of Federal Regulations
(CFR) Part 1614.

**1-1**

**1-7. [Responsibilities]{.underline}.** The FEMA staff member who first
receives the request from an employee must forward it to the
individual's first line supervisor who will be the decision maker. The
FEMA staff member who first receives the request from an applicant for
employment at FEMA Headquarters, one of the regions, or for a CORE or
DAE position must forward it to the Deputy Director, Human Resources
Division who will be the decision maker. The FEMA staff member who first
receives the request from an applicant for employment as a local hire in
a disaster must forward it to the FCO or his/her designee who will be
the decision maker in conjunction with the Equal Rights Officer
servicing that disaster.

**1-8. [Definition of Key Terms]{.underline}.**

a.  [Reasonable Accommodation]{.underline}: Any change in the work
    environment or in the

way things are customarily done that would enable a qualified individual
with a disability to have employment opportunities equal to those of an
individual without a disability. Reasonable accommodations may include:

> **(1)** Making existing facilities accessible;
>
> **(2)** Part-time or modified work schedules;
>
> **(3)** Acquiring or modifying equipment; and
>
> **(4)** Providing qualified readers or interpreters.

**b.** [Disability]{.underline}: A physical or mental impairment that
substantially limits a major life activity (i.e., caring for one's self,
performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning and working).

**c.** [Qualified Individual with a Disability]{.underline}: An
individual with a disability is qualified if: (1) he/she satisfies the
requisite skill, experience, education, and other job-related
requirements of the position; and, (2) he/she can perform the essential
functions of the position, with or without reasonable accommodation.

**d.** [Essential Functions]{.underline}: Those job duties that are so
fundamental to the position that the individual holds or desires that
he/she cannot do the job without performing them. A function can be
"essential" if, among other things, the position exists specifically to
perform that function; there are a limited number of other employees who
could perform the function; or, the function is specialized and the
individual is hired based on his/her ability to perform it.
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.

**e.** [Undue Hardship]{.underline}: FEMA must provide reasonable
accommodation for a disability unless it would cause significant
difficulty or expense. Determination of undue hardship is always made on
a case-by-case basis, considering factors that include the nature and
cost of the reasonable accommodation needed and the impact of the
reasonable accommodation on the operations of the agency.

**1-2**

9.  **[Forms Prescribed]{.underline}.** This manual prescribes the use
    of the following forms:

FEMA Form 14-13, \"Request for Reasonable Accommodation\" (Note: the
reverse of this form is "Management Response to Request for Reasonable
Accommodation"); FEMA Form 14-13A, \"Reasonable Accommodation
Information Reporting Form." These FEMA forms, may be obtained through
the Agency\'s Printing, Publications and Graphics Arts Branch, Program
Services and Systems Branch, Administration and Resource Planning
Directorate or by accessing the FEMA electronic forms website at
[http://DocNet.fema.gov](http://DocNet.fema.gov/). This manual also
prescribes the use of the Department of Defense (CAP) form, which may be
obtained from the Office of Equal Rights.

**1-3**

**Chapter 2**

**Requests For Reasonable Accommodation**

**2-1. [Reasonable Accommodations]{.underline}.**

**a.** A request for reasonable accommodation is a statement that an
individual needs an adjustment or change at work, in the application for
employment, or in a benefit or privilege of employment, for a reason
related to a medical condition. The reasonable accommodation process
begins as soon as the request for accommodation is made.

**b.** An individual with a disability may request a reasonable
accommodation whenever he/she chooses, even if he/she has not previously
disclosed the existence of a disability. However, the individual must
make the manager aware that he/she has a disability at the time of the
request. Special words, such as *"reasonable accommodation,"
"disability,"* or *"Rehabilitation Act"* do not necessarily have to be
used in making the request.

**c.** For specific procedures, (See 1-4).

**2-2. [Written Requests]{.underline}.**

a.  To enable FEMA to keep accurate records regarding requests for
    accommodation,

employees and applicants for employment seeking a reasonable
accommodation should follow up an oral request by completing the
attached "Request For Reasonable Accommodation" form (Appendix A) and
providing it to the decision maker.

> **b.** The "Request for Reasonable Accommodations" form should be
> filled out as soon as

possible following an oral request, but it is not a requirement for
processing the request itself. FEMA will begin processing the request as
soon as it is made, whether or not the form has been filled out. If an
employee does not fill out the form, the decision maker on the request
should do so.

**c.** The "Request for Reasonable Accommodations" form is not required
to be filled out when an individual needs a reasonable accommodation on
a repeated basis (e.g., the assistance of sign language interpreters or
readers). The written form is required only for the first request
although appropriate notice by the employee must be given each time the
accommodation is needed.

**2-1**

**Chapter 3**

> **Examples of Accommodations:**

**3-1. [Computer and Electronic Assistive Devices]{.underline}.** FEMA
has an interagency agreement with the Department of Defense (DOD), to
provide computer and electronic assistive devices to accommodate
employees with disabilities. Examples of such accommodations include
voice recognition/keyboards, telecommunication devices, training on
assistive technology, screen readers/magnification, assistive listening
devices, and captioning services. To request such an accommodation the
employee must complete DOD's Computer Accommodations Program (CAP) form
and have it approved by his/her supervisor and coordinated with the
Disability Program Manager in the Office of Equal Rights.

**3-2. [Reader or Sign Language Interpreter]{.underline}.** When an
employee has a recurring, predictable need for accommodation, such as a
reader or sign language interpreter, FEMA may be obligated to provide
it, whether or not the employee has requested it. When an employee does
make such a request, it can be handled by the employee's immediate
supervisor. Readers and sign language interpreters may not always be
immediately available. Therefore, supervisors should plan activities
requiring such services in advance to ensure their availability. The
Deputy Director, Human Resources Division will handle requests from
applicants for employment at Headquarters, the regions, and for
applicants for employment as CORE and DAE employees. The FCO or his/her
designee(s) in conjunction with the Equal Rights Officer at disaster
sites will handle requests from applicants for employment for positions
as local hires. The Disability Program Manager in the Office of Equal
Rights is available to provide technical assistance and information
regarding resources for sign language interpreters.

**3-3. [Accessible Parking and Materials In Alternative
Formats]{.underline}.** Requests from employees for accessible parking
and materials in alternative formats can be handled by the employee's
immediate supervisor or the Disability Program Manager. The Deputy
Director, Human Resources Division will handle requests from applicants
for employment at Headquarters, the regions, and for applicants for
employment as CORE and DAE employees. The FCO or his/her designee(s) in
conjunction with the Equal Rights Officers at disaster sites will handle
requests from applicants for employment for positions as local hires.

**3-4. [Telework]{.underline}.** Telework is available only to permanent
full-time, permanent part-time and CORE employees. Requests for telework
as a reasonable accommodation for a disability must be made in
accordance with the procedures outlined in the FEMA Manual "Program
Guidance for Flexible Workplace Environment" (FEMA Manual 3000.3/July
2000). Such requests must include sufficient medical documentation to
substantiate the need for telework. When submitting the "Telework
Application Form" to the supervisor, the box for "medical" must be
checked under "Application Type."

# 

**3-1**

**Chapter 4**

**Interactive Process**

# 4-1. [Interactive Process]{.underline}. The parties need to discuss the issue to determine what, if any, accommodation should be provided. This means that the individual requesting the accommodation and the FEMA decision maker must talk to each other about the request, the process for determining whether an accommodation will be provided, and potential accommodations. 

Communication is a priority throughout the entire process. The FEMA
decision maker will have the principal responsibility for identifying
possible accommodations. He/she will take a proactive approach in
searching out and considering possible accommodations, including
consulting appropriate resources for assistance. The employee requesting
the accommodation should also participate to the extent possible in
helping to identify an effective accommodation. The Disability Program
Manager is also available to provide assistance.

a.  The FEMA decision maker will: (1) explain to the applicant or
    employee that he/she

will be making the decision on the request; and, (2) describe what will
happen in the processing of the request. This initial discussion should
happen as soon as possible.

b.  On-going 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 decision maker and requesting individual should talk to each other
to make sure that there is a full exchange of relevant information.

c.  The decision maker or any other FEMA official who receives
    information in

connection with a request for reasonable accommodation must keep the
information confidential. He/she may share information connected with
that request with other agency officials only when the agency
official(s) need to know the information in order to make a
determination on a reasonable accommodation request.

d.  There are specific considerations in the interactive process when
    responding to

a request for reassignment.

(1) Reassignment is a form of reasonable accommodation that must be
    provided to an

employee, who, because of a disability, can no longer perform the
essential functions of the position he/she holds, with or without
reasonable accommodation. Reassignment is a "last resort" accommodation
that must be considered if there are no effective accommodations that
would enable the employee to perform the essential functions of his/her
current job, or if all other possible accommodations would impose undue
hardship on the Agency.

**4-1**

(2) Reassignment is available only to employees, not to applicants. In
    addition, reassignment 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 vacancy.

(3) In considering whether there are positions available for
    reassignment, the

Disability Program Manager will work with the Human Resources Division,
the offices identifying the vacancies, and the individual requesting the
accommodation to identify: (1) vacant positions within the agency for
which the employee may be qualified, with or without reasonable
accommodation; and, (2) positions which the Human Resources Division has
reason to believe will become vacant over the next 60 business days and
for which the employee may be qualified. The agency will first focus on
positions that are equivalent to the employee's current job in terms of
pay, status and other relevant factors. If there is no vacant equivalent
position, FEMA will consider vacant lower level positions for which the
individual is qualified.

(4) Reassignment may be made to a vacant position outside of the
    employee's

commuting area if the employee is willing to relocate. As with other
transfers not required by management, FEMA will not pay for the
employee's relocation costs.

4-2. [Requests for Medical Information]{.underline}. FEMA is entitled to
know that an employee or applicant has a covered disability that
requires a reasonable accommodation. In some cases the disability and
need for accommodation will be obvious or otherwise already known to the
decision maker. In these cases, FEMA will not seek any further medical
information. However, when a disability and/or need for reasonable
accommodation is not obvious or otherwise already known to the decision
maker, FEMA may require that the individual provide documentation about
the disability and his or her functional limitations. A request for
medical documentation may be made to the individual and/or the
individual may be asked to obtain information from an appropriate
professional, such as a doctor, social worker, or rehabilitation
counselor. The information may include:

> **a.** The nature, severity, and duration of the individual's
> impairment;
>
> **b.** The activity or activities that the impairment limits;
>
> **c.** The extent to which the impairment limits the individual's
> ability to perform

the activity or activities; and/or,

**d.** Why the individual requires the particular reasonable
accommodation requested, as well as how the accommodation will assist
the individual in applying for a job, performing the essential functions
of the job, or, enjoying a benefit of the workplace.

**(1)** If a decision maker believes that medical information is
necessary in order to evaluate a request for reasonable accommodation,
he/she should coordinate such request with the Disability Program
Manager in the Office of Equal Rights prior to requesting such
information.

**4-2**

**(2)** When medical documentation is submitted to the decision maker,
he/she must provide all such documentation to the Disability Program
Manager at the conclusion of the process for record keeping purposes.

**e.** In order to get the most helpful information possible, all
requests for medical

documentation should describe the nature of the job, the essential
functions the individual is expected to perform, and any other relevant
information.

**f.** The individual requesting the accommodation will be asked to sign
a limited release of medical information specific to the accommodation
requested.

**g.** If the information provided by the health professional, or by the
individual requesting the accommodation, is insufficient to determine
whether an accommodation is appropriate, the decision maker may ask for
further information.

(1) However, he/she will explain to the individual seeking the
    accommodation,

in specific terms, why the information provided is insufficient, what
additional information is needed, and why it is necessary for a
determination of the reasonable accommodation request.

(2) The individual may then ask the health care, or other appropriate
    medical

professional to provide the missing information. FEMA may submit a list
of specific questions for this purpose.

(3) If, after a reasonable period of time there is still not sufficient
    information to

demonstrate that the individual has a disability and needs a reasonable
accommodation, the decision maker, in consultation with the Disability
Program Manager, may request that the individual be examined by a
physician chosen by FEMA, at FEMA's expense.

**h.** In some cases, the individual requesting the accommodation will
supply medical

information directly to the decision maker without being asked. In these
cases, the decision maker will consider such documentation and if
additional information is needed, the decision maker will follow the
process as set forth in this section. The failure to provide appropriate
documentation or to cooperate in the Agency's efforts to obtain such
documentation can result in a denial of the reasonable accommodation.

**i.** Any exceptions to this process will be handled on a case-by-case
basis.

3.  **[Confidentiality Requirements]{.underline}.** All requests for
    reasonable accommodation much be kept confidential. Under Section
    501 of the Rehabilitation Act of 1973, medical information obtained
    by FEMA in connection with the reasonable accommodation process must
    be kept confidential. This includes medical information about
    functional limitations and reasonable accommodation needs. Requests
    for reasonable accommodation must also be kept in files separate
    from the individual's personnel file. Any FEMA employee who obtains
    or receives such information is strictly bound by these
    confidentiality requirements.

**4-3**

a.  The Disability Program Manager will 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 accordance
with the Privacy Act, the requirements of 29 C.F.R. 1611 and this
guidance document.

**b.** This information may be disclosed only as follows:

**(1)** Supervisors and managers who need to know may be told about
necessary

restrictions on the work or duties of the employee and about the
accommodation(s), but medical information should only be disclosed if
strictly necessary;

**(2)** First aid and safety personnel may be informed, when
appropriate, should

the disabled employee require emergency treatment;

**(3)** Government officials may be given information necessary to
investigate the

Agency's compliance with the Rehabilitation Act; and,

**(4)** The information may, in certain circumstances, be disclosed to
workers'

compensation offices or insurance carriers.

**c.** Whenever medical information is disclosed, the recipient of the
information must

be informed of the confidentiality requirements.

**4-4**

**Chapter 5**

**Time Frames**

**5-1. [Processing Requests]{.underline}.** FEMA will process requests
for reasonable accommodation and provide accommodations, where they are
appropriate, in as short a time frame as reasonably possible. FEMA
recognizes, however, 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. Time frames for processing
requests and providing reasonable accommodation where no supporting
information is required are as follows:

**a.** Requests from applicants for employment should be expedited when
necessary to ensure the applicant's ability to compete for the position.
However, these requests should not exceed ten (10) business days.

**b.** If a request from an employee is processed by the supervisor, the
request should be processed, and the accommodation, if granted, provided
within 15 business days from the date of receipt of the request.
Requests for accommodation should be expedited when the accommodation is
needed to enable the employee to participate in an Agency activity
scheduled to occur in the near future.

**(1)** If the decision maker believes that it is necessary to obtain
medical information to determine whether the requesting individual has a
disability and/or to identify the functional limitations, the decision
maker will request the information as soon as possible after his or her
receipt of the request for accommodation. FEMA recognizes that the need
for documentation may not become apparent until after the interactive
process has begun.

**(2)** In cases where medical documentation is needed, the
accommodation, if granted, will be provided within ten (10) business
days for an applicant, and within 15 business days for an employee, from
the date the decision maker receives the relevant information, absent
any extenuating circumstances.

**c.** Where the Disability Program Manager is the decision maker on a
request for reasonable accommodation, he/she will make a decision on the
request and the accommodation, if granted, will be provided within 15
business days from the date of the request. If medical documentation is
necessary, the decision will be made within 15 business days of receipt
of the medical information, absent any extenuating circumstances.

**5-2. [Extenuating Circumstances]{.underline}.** These are factors that
could not reasonably have been anticipated or avoided in advance of the
request for accommodation. When extenuating circumstances are present,
the time for processing a request for reasonable accommodation and
providing the accommodation will be extended on a case-by-case basis.
Such extensions may be

**5-1**

granted by the second level supervisor, in the case of a request from an
employee, and the Disability Program Manager, in the case of a request
from an applicant. It is FEMA's policy that extensions based on
extenuating circumstances should be limited to circumstances where they
are strictly necessary. FEMA staff is expected to act as quickly as
possible in processing and providing accommodations. The following are
examples of extenuating circumstances:

**a.** There is an outstanding initial or follow-up request for medical
information, or the medical information is being evaluated.

**b.** The purchase of equipment may take longer than 15 business days
because of requirements under the Federal Acquisition Regulation and the
processing of requests through the DOD CAP program. Requests for
computer and electronic equipment through the DOD CAP program are likely
to take an additional 15-20 days.

**c.** Equipment is back-ordered, the vendor typically used by FEMA 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.

**d.** The employee with a disability needs to try working with
equipment on a trial basis

to ensure that it is effective before FEMA buys it.

**e.** New staff needs to be hired or contracted for, or an
accommodation involves the

removal of architectural barriers.

**f.** "Extenuating circumstances" covers limited situations in which
unforeseen or

unavoidable events prevent prompt processing and delivery of an
accommodation. For example, FEMA may not delay processing or providing
an accommodation because a particular staff member is unavailable.

**(1)** Where extenuating circumstances are present, the decision maker
must notify the individual 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.

**a.** If there is a delay in providing an accommodation that has been
approved, the

decision maker must investigate 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. In addition, the decision maker may provide measures that
are not reasonable accommodations within the meaning of the law (e.g.,
temporary removal of an essential function) 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.

**5-2**

**(2)** If a delay is attributed to the need to obtain or evaluate
medical documentation and FEMA has not yet determined that the
individual is entitled to an accommodation, FEMA may provide
accommodation on a temporary basis. In this case, the decision maker
will notify the individual in writing that the accommodation is being
provided on a temporary basis pending a decision on the request.

**(3)** FEMA decision makers who approve temporary measures are
responsible for assuring that they do not take the place of a permanent
accommodation and that all necessary steps are being taken to secure a
permanent accommodation.

**5-3**

**Chapter 6**

**Granting a Reasonable Accommodation Request**

**6-1. [Granting a Request]{.underline}.** As soon as the decision maker
determines that a reasonable accommodation will be provided, the
decision should be immediately communicated to the individual. If the
accommodation cannot be provided immediately, the decision maker must
inform the individual of the projected time frame for providing the
accommodation. This notice does not need to be in writing.

**6-2. [Denial of a Request]{.underline}.** In the case of a denial of a
request for reasonable accommodation, the decision maker must fill out
the "Management Response to Request For Reasonable Accommodation" form
on the back of the "Request for Reasonable Accommodation" form (Appendix
A) and provide a copy to the individual requesting the accommodation.
The denial should clearly state the specific reasons for the denial.
Where the decision maker has denied a specific requested accommodation,
but offered an alternative accommodation not previously discussed, the
denial notice should explain both the reasons for the denial and the
reasons that the decision maker believes that the chosen accommodation
will be effective. Denial of a request for reasonable accommodation may
include the following:

**a.** The requested accommodation and the reasons the accommodation
would not be effective and why.

**b.** The reason the requested accommodation would result in undue
hardship to the agency. 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. A
determination of undue hardship means that FEMA finds that a specific
accommodation would result in significant difficulty or expense, or
would fundamentally alter the nature of FEMA's operations.

**c.** Medical documentation is inadequate to establish that the
individual has a disability and/or needs a reasonable accommodation.

**d.** The requested accommodation would require the removal of an
essential job function.

**e.** The requested accommodation would require the lowering of a
performance or production standard. (The decision maker must understand
that temporary adjustments, including lowering performance or production
standards, are allowed during the normal course of business, if
circumstances warrant it. For instance, a supervisor may, if an employee
is temporarily but seriously ill, temporarily lower a performance or
production standard to accommodate the employee.)

**6-1**

Keep in mind that the actual notice to the individual must include
specific reasons for the denial, for example, why the accommodation
would not be effective or why it would result in undue hardship.

The written notice of denial informs the individual that he/she has the
right to file an Equal Employment Opportunity (EEO) complaint, and may
have the right to pursue Merit Systems Protection Board (MSPB) and union
grievance procedures. The notice also explains FEMA's procedures for
informal dispute resolution.

**6-3. [Dispute Resolution]{.underline}.** Individuals with disabilities
can request prompt reconsideration of a denial of reasonable
accommodation.

**a.** If an employee is denied his/her request for reasonable
accommodation, he/she may appeal directly to his/her second level
supervisor. The employee may present additional information in support
of his/her request. The second level supervisor will respond to this
request within ten (10) business days.

**b.** If an applicant is denied his/her request for reasonable
accommodation, he/she may appeal directly to the Disability Program
Manager in the Office of Equal Rights. The applicant may present
additional information in support of his/her request. The Disability
Program Manager will respond to this request within ten (10) business
days.

**c.** In an effort to resolve issues or concerns, employees or
applicants can request to participate in the Alternative Dispute
Resolution Program.

The pursuit of any of the informal dispute resolution procedures
identified above 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.

**6-2**

**Chapter 7**

**Claims**

**7-1. [Statutory and Collective Bargaining Claims]{.underline}.** This
policy is 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.

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 within 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
30 days of an appealable adverse action as defined in 5 C.F.R. 1201.3.

If a member of the Office of Equal Rights has had any involvement in the
processing of the request for reasonable accommodation, that staff
member shall remove him or herself from any involvement in the
processing of an EEO counseling contact or EEO complaint in connection
with the request.

**7-1**

**Chapter 8**

**Assistance Information**

**8-1. [Tracking and Reporting]{.underline}.** FEMA is required to
identify the following information regarding requests for reasonable
accommodation:

**a.** The number and types of reasonable accommodation that have been
requested for each job (occupational series, grade level), by agency
component;

**b.** Whether those requests have been granted or denied;

c.  How many of those requests relate to the benefits or privileges of
    employment;

d.  The reasons for denial of requests for reasonable accommodation;

**e.** The amount of time taken to process each request for reasonable
accommodation; and,

**f.** The sources of technical assistance that have been consulted in
trying to identify possible reasonable accommodations.

**g.** The Disability Program Manager will retain for at least three (3)
years information or any cumulative records used to track FEMA's
performance with regard to reasonable accommodation.

In accordance with the information tracking requirements, the decision
maker must complete the attached "Reasonable Accommodations Information
Reporting Form" and submit it to the Disability Program Manager within
ten (10) business days of the decision. The decision maker should attach
copies of all information, including medical documentation he/she
received as part of processing the request.

The Disability Program Manager will maintain records related to an
employee's request for accommodation for the duration of the employee's
tenure.

**8-2. [Inquiries]{.underline}.** Any person wanting further information
concerning these procedures may contact the Disability Program Manager
in the Office of Equal Rights.

**8-3. [Distribution]{.underline}.** These procedures will be
distributed to all employees upon issuance. They also will be posted on
FEMA's intranet and internet sites. Copies also will be available in the
Office of Equal Rights and the Human Resources Division.

**8-1**

**8-4. [Resource Assistance]{.underline}.**

**a.** Listed below are resources to assist in providing reasonable
accommodations:

**(1) Office of Equal Rights, FEMA**

202-646-3535 (Voice); 202-646-2745 (TT)

**(2) U.S. Equal Employment Opportunity Commission**

1-800-669-3362 (Voice); 1-800-800-3302 (TT)

[http://www.eeoc.gov](http://www.eeoc.gov/).

EEOC Enforcement Guidance: Disability-Related Inquiries and Medical
Examinations of Employees Under the Americans With Disabilities Act;

EEOC Enforcement Guidance: Reasonable Accommodation and Undue Hardship
Under the Americans With Disabilities Act.

**(3) Job Accommodation Network (JAN)**

1-800-232-9675 (Voice/TT)

<http://janweb.icdi.wvu.edu/>.

**(4) ADA Disability and Business Technical Assistance Centers
(DBTACs)**

1-800-949-4232 (Voice/TT)

**(5) Registry of Interpreters for the Deaf**

\(301\) 608-0050 (Voice/TT)

[http://www.rid.org](http://www.rid.org/)

**(6) RESNA Technical Assistance Project**

\(703\) 524-6686 (Voice) (703) 524-6639 (TT)

<http://www.resna.org/>

**(7) Computer/Electronic Accommodations Program (CAP)**

703-681-8813 (Voice/TT)

[www.tricare.osd.mil/cap](http://www.tricare.osd.mil/cap)

**8-2**