######## [FORMS OF REASONABLE ACCOMMODATION]{.underline}

This section provides an overview of some generic accommodation options
used successfully in a variety of situations.

**1. [Restructuring Jobs]{.underline} -** 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]{.underline} -** 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)]{.underline}

-   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]{.underline} -** 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)]{.underline}

**5. [Flexible Leave Policies]{.underline} -** The Department\'s
Alternative Work Schedules Programs may be

used 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]{.underline}**

> **(1) [Training on Duty Time]{.underline}.** 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 severely visually impaired persons.
>
> **(2) [Inclement Weather]{.underline}.** 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
> unable to 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]{.underline}.** 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.

######## 

**[FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}**

> **b. [Extended Leave Without Pay]{.underline}.** 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]{.underline}.** 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]{.underline}.** 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]{.underline} -** 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

**[FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}**

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]{.underline}:** 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]{.underline}:** 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]{.underline}:**
> telephone amplifying devices; portable or stationary telecommunication
> devices (TDDs); lights that flash as an alarm system; and/or vibrating
> beepers.
>
> **d. [Persons who are]{.underline}** **[orthopedically
> disabled]{.underline}:** 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]{.underline}**

**a. [Readers for Persons Who are Blind or Vision
Impaired]{.underline}:** 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

**[FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}**

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]{.underline}:** HUD will utilize contract interpreters to
> provide communication services for deaf or hearing-impaired employees.
>
> **c. [Personal Assistants for Persons with
> Disabilities]{.underline}:** 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]{.underline} -** 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.

######## [FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}

**9. [Alternative Format Materials]{.underline}** - 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]{.underline} -** 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
reassignment[^1] 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

######## [FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}

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]{.underline} -** 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.

> **[FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}**
>
> **[THE FOLLOWING GUIDANCE DISCUSSES THE MAJOR TYPES OF LEARNING
> DISABILITIES AND SUGGESTS TYPES OF ACCOMMODATIONS]{.underline}:**
>
> **a. [Visual]{.underline}**. 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]{.underline}**. 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]{.underline}.** 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]{.underline}.** 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.

**[FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}**

> **e. [Academic]{.underline}.** 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]{.underline} -** 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]{.underline} -** 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,

> **[FORMS OF REASONABLE ACCOMMODATION (cont'd)]{.underline}**

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]{.underline}** - 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]{.underline}** -
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.

[^1]: ^2^ The Court's April 29, 2002 decision in U.S. Airways, Inc. v.
    Barnett, 2002 WL 737494 (U.S.) which held, "An employer's showing
    that a requested accommodation conflicts with seniority rules is
    ordinarily sufficient to show, as a matter of law, that an
    accommodation is not reasonable. However, the employee remains free
    to present evidence of special circumstances that makes a seniority
    rule exception reasonable in the particular case."