# NASA Procedures and Guidelines

# NPG 3713.1 

**Effective Date: November 18, 2002**

**Expiration Date: November 18, 2007**

**Procedures for Providing Reasonable Accommodation for Individuals with
Disabilities**

# Responsible Office: E/Office of Equal Opportunity Programs

# 

**NASA Procedures and Guidelines**

# NPG 3713.1

**Effective Date: November 18, 2002**

**Expiration Date: November 18, 2007**

**Procedures for Providing Reasonable Accommodation for Individuals with
Disabilities**

# Responsible Office: E/Office of Equal Opportunity Programs

# 

# TABLE OF CONTENTS

Preface

P.1 PURPOSE

P.2 APPLICABILITY

P.3 AUTHORITY

P.4 REFERENCES

P.5 CANCELLATION

## CHAPTER 1*.* NASA Policy on Reasonable Accommodation 

## CHAPTER 2. Definitions

## CHAPTER 3. Requests for Reasonable Accommodation

## CHAPTER 4. Written Requests for Record Keeping Purposes

## CHAPTER 5. Determining Which NASA Official Will Process The Request

## CHAPTER 6. The Interactive Process

## CHAPTER 7. Reassignments

## CHAPTER 8. Requests for Medical Information

CHAPTER 9. Confidentiality Requirements Regarding Medical Information
Obtained in

the Reasonable Accommodation Process

CHAPTER 10. Time Frames for Processing Requests and Providing Reasonable

Accommodation

## CHAPTER 11. Granting an Accommodation Request

## CHAPTER 12. Denial of a Reasonable Accommodation Request

## CHAPTER 13. Information Tracking and Reporting

CHAPTER 14. Relation of Procedures to Statutory and Collective
Bargaining Claims

## CHAPTER 15. Inquiries

## CHAPTER 16. Distribution

# APPENDIX A:

1\. NASA Form 1699, Request For Reasonable Accommodation

2\. NASA Form 1699A, Disposition of Reasonable Accommodation Request

# 

APPENDIX B:

Resources

**Effective Date: November 18, 2002**

**Preface**

**P.1 PURPOSE**

These NASA Procedures and Guidelines (NPG) provide instructions for the
implementation of NASA Policy Directive (NPD) 2080.x, "Provision of
Reasonable Accommodation for Individuals With Disabilities." This NPG
provides instructions to NASA staff who receive, coordinate, review,
process, and approve requests for reasonable accommodation at NASA
Headquarters and NASA Centers, including component facilities. This NPG
further provides standard procedures for timely and accurate processing
of requests for reasonable accommodation. These procedures will assist
NASA in fulfilling its obligations for ensuring that individuals with
disabilities who request reasonable accommodation receive a proper
response within the shortest time possible. Further, this NPG
establishes criteria for collecting and annually reporting data on the
numbers and types of reasonable accommodation requests received and
processed at NASA Headquarters and NASA Centers, including component
facilities.

**P.2 APPLICABILITY**

This NPG is applicable to NASA Headquarters and NASA Centers, including
component facilities.

**P.3 AUTHORITY**

a*.* 29 U.S.C. §791 Sections 501, 504 and 508 of the Rehabilitation Act
of 1973, as amended.

b\. Executive Order 13164 of July 26, 2000, "Requiring Federal Agencies
to Establish Procedures to Facilitate the Provision of Reasonable
Accommodation."

c\. NPD 2080.x, "Provision of Reasonable Accommodation for Individuals
With Disabilities"

**P.4 REFERENCES**

a\. 5 U.S.C. §552a, The Privacy Act of 1974, as amended.

b\. 29 U.S.C. §794d, "Electronic and Information Technology."

c\. The National Aeronautics and Space Act of 1958, as amended.

d\. 38 U.S.C §4214, Section 403 of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended.

e\. 29 CFR §1614.105, §1614.106, §1614.203, and §1614.204 Federal Sector
Equal Opportunity

f\. 14 CFR Part 1212, Privacy Act-NASA Regulations

g*.* Executive Order 12106 of December 28, 1978, "Transfer of Certain
Equal Employment Enforcement Functions"

h\. Executive Order 13164 of October 20, 2000

i\. EEOC Enforcement Guidance: Reasonable Accommodation of March 1, 1999

j\. EEOC Guidance on Reasonable Accommodation

k\. EEOC Guidance on Disability-Related Inquire of July 27, 2002

l\. EEOC Management Directive (MD) 713

m\. NPG 1840.1, Management of Workers' Compensation Injuries and
Illnesses

**P.5 CANCELLATION**

NPG 2080.1A, dated December 18, 2002, to correct subject classification
number.

/S/

George E. Reese

Assistant Administrator for

Equal Opportunity Programs

**CHAPTER 1. NASA Policy on Reasonable Accommodation**

1.1 NASA\'s policy is to fully comply with the reasonable accommodation
requirements of the Rehabilitation Act of 1973, as amended. Under the
law, Federal agencies must provide reasonable accommodation to qualified
employees or applicants with disabilities, unless to do so would cause
undue hardship. NASA is committed to providing reasonable accommodations
to its employees and applicants for employment in order to assure that
individuals with disabilities have full access to equal employment
opportunity. These guidelines cover applicants for, and employees in
part-time and full time positions. These guidelines also apply to NASA
interns, fellows, coops, visiting scientists and detailees that are not
in a civil service status. NASA provides reasonable accommodations:

a\. when a qualified applicant with a disability needs an accommodation
in order to be considered for a job.

b\. when a qualified employee with a disability needs an accommodation
to enable him or her to perform the essential functions of the job or to
gain access to the workplace.

c\. when a qualified employee with a disability needs an accommodation
to enjoy equal benefits and privileges of employment.

1.2 NASA will process requests for reasonable accommodation and, where
appropriate, provide reasonable accommodation in a prompt, fair, and
efficient manner.

# CHAPTER 2. Definitions

2.1 Decision Maker (DM)

The person who determines whether or not a request for reasonable
accommodation is granted. In the case of an employee, the DM will, in
most cases, be his/her immediate supervisor. In the case of an
applicant, it shall be the Human Resources Specialist ( HRS) who has
been assigned to process the vacancy. In cases where the employee's
immediate supervisor or the HRS processing the vacancy is not available
to receive and process a request for reasonable accommodation, the
Center's Equal Opportunity (EO) Officer will be the DM.

2.2 Disability Program Manager (DPM)

Normally, a member of the Agency's or Center's Office of Equal
Opportunity Programs staff whose responsibilities include administering
the Special Emphasis Program (SEP) for Individuals with Disabilities. In
some cases, the duties of a DPM may be performed on a collateral duty
basis by a person permanently assigned to an operational component other
than the Headquarters or Center's Office of Equal Opportunity Programs.

2.3 Essential Functions

Those job duties that are so fundamental to the position that the
individual holding or desiring that 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 if it
were assigned to them*;* 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 made on a
case-by-case basis so that the current duties of the position reflect
the job as actually performed, and not simply the components of a
generic position description.

2.4 Individual with Disability

One who: (1) has a physical or mental impairment which substantially
limits one or more of the person's major life activities; (2) has a
record of such an impairment; or (3) is regarded as having such an
impairment.

2.5 Qualified Individual with a Disability

An individual with a disability is qualified if (1) she/he satisfies the
requisite skill, experience, education, and other job-related
requirements of the position; and (2) she/he can perform the essential
functions of the position, with or without reasonable accommodation,
without endangering his/her health and safety or the safety of others
within the work environment.

2.6 Reasonable Accommodation

An adjustment made to the job requirements and/or any change in the work
environment enabling a qualified individual with a disability to perform
the essential duties of the job to which she/he is assigned, thereby
enabling the individual to enjoy equal employment opportunities. In
addition, reasonable accommodation may include, but shall not be limited
to:

a\. Making facilities readily accessible to and usable by individuals
with disabilities; and

b\. Job restructuring, part-time or modified work schedules, acquisition
or modification of equipment or devices, appropriate adjustment or
modification of examinations, the provision of readers and interpreters,
and other similar actions.

2.7 Reassignment

Reassignments are made without competition and only to vacant positions
at the same or at a lower grade if an equal grade position is not
available, and for employees who are qualified for the position.

2.8 Undue Hardship

If a specific type of accommodation causes significant difficulty or
expense, NASA may not have to provide that particular accommodation. A
determination of undue hardship is always made on a case-by-case basis,
considering factors that include the nature and cost of the
accommodation needed, and the impact of the accommodation on safety and
other operations of the Agency.

2.9 Physical or Mental Impairment

\(1\) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine, (2) any mental
or psychological disorder, such as mental retardation, organic brain
syndrome, traumatic brain injury, emotional or mental illness, and
specific learning disabilities.

2.10 Major Life Activities

Functions such as caring for one\'s self, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, and working.

2.11 Complaint

A formal complaint is a signed statement by a disabled individual or
their designated representative that contains the disabled individual\'s
name, address, and telephone number, and describes the discrimination
alleged to have occurred in enough detail to sufficiently inform NASA of
the nature and date of the occurrence. Complaints filed on behalf of
classes, or third parties, must also describe all individuals who are
alleged to have been subjected to improper discrimination.

**CHAPTER 3. Requests for Reasonable Accommodation**

3.1 A request for reasonable accommodation is a statement that an
individual with a disability 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 mental or physical condition. The request can be
initiated orally or in writing, or in any other format or medium that is
convenient and practical for the individual with the disability. The
reasonable accommodation process begins immediately in terms of the time
frames indicated in these guidelines. When a request for reasonable
accommodation is made, the requesting employee's immediate supervisor or
in the case of an applicant, the appropriate HRS receiving the request,
shall immediately notify the installation's DPM who will, in turn,
notify the EO Officer. NASA encourages supervisors, managers, employees,
or applicants to consult with the DPM at their respective installation
for further information or assistance in connection with requesting or
processing a reasonable accommodation request.

3.2 A request does not have to use any special words, such as
\"reasonable accommodation,\" \"disability,\" or \"Rehabilitation Act.\"
An individual with a disability may request a reasonable accommodation
whenever she/he chooses, even if she/he has not previously disclosed the
existence of a disability. A family member, health professional, or
other representative may also request an accommodation on behalf of a
NASA employee or applicant. Any NASA employee or applicant may consult
the Agencywide, Headquarters or Center's DPM for further information or
assistance in connection with requesting or processing a request for
reasonable accommodation.

3.3 The Office of Equal Opportunity Programs (OEOP) personnel shall
maintain and safeguard all records and documents following the guidance
provided in NPG 1441.1c, NASA Records Retention Schedules. This includes
proposing changes to current retention schedules and developing new
retention schedules when necessary.

# 

**CHAPTER 4. Written Requests for Record Keeping Purposes**

4.1 In order for NASA to keep accurate records regarding requests for
reasonable accommodation, employees seeking a reasonable accommodation
must follow up an oral request by completing the NASA Form 1699, Request
for Reasonable Accommodation (see Appendix A), or submitting the request
in an alternative format, as appropriate, to the immediate supervisor.
If an alternative format is used, the immediate supervisor will transfer
the information to NASA Form 1699. For applicants seeking a reasonable
accommodation, they shall follow-up an oral request by submitting a
written request to the HRS processing the vacancy. Applicants do not
need to complete a NASA Form 1699.

4.2 NASA Form 1699, or in the case of applicants, a written request,
should be completed as soon as possible, but not later than 5 days after
an initial oral request is made. In any event, NASA will begin
processing the request as soon as the request, in whatever form, is
received. The Headquarters or Center's DPM shall be provided with a copy
of the completed NASA Form 1699, or the written request from the
applicant, as soon as possible. Upon receipt of the written request, the
DPM shall inform the Center's EO Officer of his/her receipt of a copy of
the request. The Center's EO Officer shall be kept informed by the DPM
of the progress in the processing of the request.

4.3 A NASA Form 1699 for every instance is not required when an
individual needs a reasonable accommodation on a repeated basis (e.g.,
the assistance of sign language interpreters or readers). A NASA Form
1699 is required only for the first request, although appropriate notice
must be given each time the accommodation is needed.

4.4 NASA Form 1699 will be filed with, safeguarded, and disposed of by
the Headquarters or Center Office of Equal Opportunity Programs (OEOP)
in accordance with guidance provided in NPG 1441.1C, NASA Records
Retention Schedules, and the confidentiality requirements of the
Rehabilitation Act.

**CHAPTER 5. Determining Which NASA Official Will Handle the Request**

5.1 The person who decides whether or not to grant the request for
reasonable accommodation shall be the employee's immediate supervisor
or, in the case of an applicant, the HRS processing the vacancy. These
individuals shall be referred to as the \"Decision Maker (DM).\" In
cases where the request is submitted to someone other than the immediate
supervisor or the appropriate HRS, the request should be referred by the
person receiving the initial request to the Center's Office of Equal
Opportunity Programs (OEOP) for review and processing. A person
designated by the Headquarters or Center OEOP shall contact the
immediate supervisor or HRS, as appropriate, as soon as possible to
alert him/her of the receipt of a request for reasonable accommodation.
The person designated by the OEOP will continue to process the request
until a determination to grant or deny the request is made by the
Center's EO Officer which, in this case, will be the DM.

5.2 An employee or applicant for Federal employment with NASA can make a
request for a reasonable accommodation to any member of Headquarters or
Center management, staff member in the Headquarters or Center OEOP, or
Personnel Office. Processing of a request for a reasonable accommodation
shall begin upon receipt of the initial request.

**CHAPTER 6. The Interactive Process**

6.1 Once a request for reasonable accommodation is received, the
interactive process begins in order to determine what, if any,
accommodation should be provided. This means that the individual
requesting the accommodation and the DM must talk to each other about
the request, the process for determining whether an accommodation will
be provided, and potential accommodations.

6.2 Communication is a priority throughout the entire process. The DM
will have the principal responsibility for identifying possible
accommodations. She/he will take a proactive approach in searching out
and considering possible accommodations, including consulting
appropriate resources for assistance (see Appendix B). The employee
requesting the accommodation should also participate to the extent
possible in helping to identify an effective accommodation. The
Headquarters, Center, or Agencywide DPM shall be available to provide
assistance and help resolve any obstacles that may arise during the
process, as well as the NASA or contractor physician, or other
representative from the Occupational Health Office (OHO), Employee
Assistance Program (EAP) personnel, Facilities specialists, Information
Technology specialists, Compensation Claims Specialists, and any other
professionals deemed necessary, as appropriate.

6.3 When a request for accommodation is made by a third party, the DM
should, before proceeding, confirm with the applicant or employee with a
disability that, in fact, she/he wants a reasonable accommodation. It
may not be possible to confirm the request if the employee has, for
example, been hospitalized in an acute condition. In this situation,
NASA will process the third party\'s request and will consult directly
with the individual needing the accommodation as soon as it is
practicable.

6.4 Ongoing 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 accommodations. In those cases where the disability,
the need for accommodation, and the type of accommodation which should
be provided is clear, extensive discussions are not necessary.
Nevertheless, the DM and requesting individual should talk to each other
to make sure that there is a full exchange of relevant information.

6.5 The DM or any other NASA official who receives information in
connection with a request for reasonable accommodation may share
information that is confidential and connected with that request with
other agency officials only when those other agency official(s) need to
know the information in order to make determinations on an accommodation
request, or to assist the DM in making such a determination. (See
chapter 9 for specific rules governing the confidentiality of medical
information.)

**CHAPTER 7. Reassignments**

7.1 A reassignment will only be considered if no accommodations are
available to enable the individual to perform the essential functions of
his or her current job, or if the only effective accommodation would
cause undue hardship.

7.2 In considering whether there are positions available for
reassignment, the DM shall work with both the Headquarters or Center
Office of Human Resources (OHR) and the individual requesting the
accommodation to identify: (1) all vacant positions within the Agency
for which the employee is qualified, with or without reasonable
accommodation; and (2) all positions which OHR has reason to believe
will become vacant over the next 60 business days and for which the
employee is qualified. NASA shall initially focus on positions which are
equivalent to the employee\'s current job in terms of pay, status, and
other relevant factors. If there is no vacant equivalent position, NASA
will consider vacant lower level positions for which the individual is
qualified.

7.3 A reassignment can be granted as an accommodation to a qualified
probationary and career employee and 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, NASA will
not pay for the employee\'s relocation costs if the position is outside
the commuting area. In addition, a qualified employee with a disability
requesting accommodation can be offered a reassignment as a reasonable
accommodation to a position for which a vacancy announcement has been
published as long as a selection to fill the position has not been made.

**CHAPTER 8. Requests for Medical Information**

8.1 NASA is entitled to know that an employee or applicant has a
disability that requires an accommodation. In cases where the disability
and need for accommodation is obvious or otherwise already known to the
DM, the Agency will not seek additional medical documentation from the
requestor. However, when a disability and/or need for accommodation is
not obvious or otherwise already known to the DM, NASA may require
reasonable documentation from the individual regarding the disability
and his or her functional limitations.

8.2 If the DM, with assistance from a NASA or contractor physician at
their respective installation, believes that medical information is
necessary in order to evaluate a request for accommodation, she/he shall
request such information from the person seeking accommodation(s). If
medical information is not necessary, the processing of the request for
accommodation shall continue.

8.3 If a determination is made to seek medical information, a request
for medical and other information pertaining only to the disability that
requires accommodation can be made in order to substantiate that the
individual has a disability and needs the accommodation requested. The
DM (with appropriate consultation), will seek information or
documentation 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. In order to get the most helpful information
possible, all requests for information should describe the nature of the
job, the essential functions the individual is expected to perform, and
any other relevant information.

8.4 Once the medical documentation is received, the DM, in consultation
with the Medical Director or other NASA chosen physician, if
appropriate, shall evaluate it. If the information provided by the
health professional (or the information volunteered by the individual
requesting the accommodation) is insufficient to allow the DM (with
appropriate consultation), to determine whether an accommodation is
appropriate, the DM may ask for additional information. However, the DM
shall first explain to the individual seeking the accommodation, 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 on the accommodation request.

8.5 Alternatively, the individual seeking accommodation may sign a
limited release reviewed by the Center/Component Facility's Office of
Chief Counsel or, at Headquarters, the Office of the General Counsel,
authorizing NASA to contact his/her health care provider directly. If,
after a reasonable period, there is still not sufficient information to
demonstrate that the individual has a disability and needs an
accommodation, the DM may request that the individual be examined by a
NASA or contractor physician chosen by NASA and at NASA's expense. This
examination must be limited to determining the existence of a disability
and/or the functional limitations that require accommodation.

8.6 In some cases, the individual requesting the accommodation will
supply medical information directly to the DM without being asked. In
these cases, the DM shall consider such documentation (with appropriate
consultation), and if additional information is needed, the DM shall
work with the physician or other health professional chosen by NASA as
set forth in this chapter.

8.7 NASA must explain to the individual with a disability that the
failure to provide appropriate documentation or to cooperate with
NASA\'s efforts to obtain such documentation may result in a denial of
the requested accommodation.

**CHAPTER 9. Confidentiality Requirements Regarding Medical Information
Obtained In the Reasonable Accommodation Process**

9.1 Under the Rehabilitation Act, medical information obtained in
connection with the reasonable accommodation process must be kept
confidential. This means that all medical information, including
information about functional limitations that NASA 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
NASA employee who obtains or receives such information is strictly bound
by the requirements of the Privacy Act of 1974 (5 U.S.C. §552a).

9.2 The EO Officer for each NASA installation will maintain custody of
all records obtained or created during the processing of a request for
reasonable accommodation, excluding medical documents and Agency
attorney work products. Medical documents shall be maintained by the
Occupational Health Unit Medical Records facility. The responsibilities
of the installation's EO Officer shall include responding to all
requests for disclosure of the records. All records shall be maintained
in accordance with the Privacy Act of 1974 and the requirements of NASA
regulations implementing the Privacy Act of 1974 at 14 CFR Part 1212.

9.3 Individuals and organizations to whom information may be disclosed
can include, but not limited to:

a\. Supervisors and managers, including the DM who requested the medical
information, who need to know about necessary restrictions on the work
or duties of the employee and about the necessary accommodation(s).

b\. First aid and Occupational Health and Safety personnel, if the
disability may require emergency treatment or assistance with building
evacuation during emergencies.

c\. Federal Government officials who need the information in order to
determine the Agency\'s compliance with the Rehabilitation Act of 1973,
as amended.

9.4 Whenever medical information is disclosed, the individual disclosing
the information shall

inform the recipients of the information that they are strictly bound by
the requirements of the Privacy Act of 1974.

**CHAPTER 10. Time Frames for Processing Requests and Providing
Reasonable Accommodation**

10.1 NASA will process requests for reasonable accommodation and provide
accommodations, where they are appropriate, as soon as reasonably
possible. NASA 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.

10.2 Expedited Processing. In certain circumstances, a request for
reasonable accommodation requires an expedited review and decision in a
time frame that is shorter than the 20 business days discussed below.
This includes where a reasonable accommodation is needed as follows:

a\. To enable an applicant to apply for a job. Depending on the
timetable for receiving applications, conducting interviews, and making
hiring decisions, there may be a need to expedite a request for
reasonable accommodation in order to ensure that an applicant with a
disability has an equal opportunity to apply for a job. Therefore, the
DM's at all NASA Installations need to move as quickly as possible to
make a decision and, if appropriate, provide a reasonable accommodation.

b\. To enable an employee to attend a meeting scheduled to occur
shortly. For example, an employee may need a sign language interpreter
for a meeting scheduled to take place in 5 business days.

10.3 If a request for an accommodation requires no supporting medical
information, and no extenuating circumstances apply, the request shall
be processed and the accommodation provided in no more than 20 business
days from the date that the request was first made.

10.4 If the DM 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, she/he shall
make such request as soon as possible after receipt of the request for
reasonable accommodation, but before the expiration of the 20-business
days period. NASA recognizes that the need for documentation may not
become apparent until after the interactive process has begun. NASA also
recognizes that in cases where a reassignment is necessary, the process
may not be completed within the 20-business day period.

10.5 If the DM requests that a physician or other health professional
chosen by NASA obtain medical information, the running of the
20-business days period shall stop. If the physician or other health
professional chosen by NASA determines that medical information is not
needed, the running of the 20-business day time period shall resume as
soon as the DM is notified by the physician or other health professional
chosen by NASA of his/her determination.

10.6 If the physician or other health professional chosen by NASA
determines that medical documentation is not needed, the DM shall be
informed of the determination as soon as possible. The DM shall make
his/her determination on the request for accommodation and if
appropriate, provide the accommodation within 20 business days from the
date the DM received the relevant information from the physician or
other health professional chosen by NASA.

10.7 Examples of reasonable accommodations that can easily be provided
within this 20-business days time frame include:

a\. An employee with diabetes who sits in an open area asks for four
breaks a day to test his/her blood sugar levels so that s/he may do
these tests in private.

b\. An employee who takes antidepressants which make it hard for him/her
to get up in time to get to the office at 9 a.m., requests that core
hour requirements be modified and be allowed to start work at 10 a.m.
and still put in an 8-hour day.

c\. A supervisor distributes detailed agendas at the beginning of each
staff meeting. An employee with a learning disability asks that the
agenda be distributed ahead of time because the disability makes it
difficult to read quickly and needs more time to prepare.

10.8 Extenuating Circumstances: 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 accommodation and providing the
accommodation will be extended, as necessary. Extensions based on
extenuating circumstances should be limited. NASA staff is expected to
act as quickly as possible, but not take longer than 20 business days to
process requests and provide accommodations. The following are examples
of extenuating circumstances:

a\. There is an outstanding initial or follow-up request for medical
information, or the physician or other health professional chosen by
NASA is evaluating medical information which has been provided.

b\. The purchase of equipment may take longer than 20 business days
because of requirements under the Federal Acquisition Regulations.

c\. Equipment must be back-ordered because the vendor typically used by
NASA 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 work with equipment on a
trial basis to ensure that it is effective before NASA executes a final
purchase.

e\. New staff needs to be hired or contracted for, or an accommodation
involves the removal of architectural barriers.

10.9 \"Extenuating circumstances\" covers limited situations in which
unforeseen or unavoidable events prevent prompt processing and delivery
of an accommodation. For example, NASA may not delay processing or
providing an accommodation because a particular staff member is
unavailable.

10.10 Where extenuating circumstances are present, the DM shall 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 shall also be communicated
promptly by the DM to the individual, including other extenuating
circumstances that would modify or limit the Agency's ability to provide
the reasonable accommodation.

10.11 If there is a delay in providing an accommodation which has been
approved, the DM shall determine 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 DM may provide measures that are not
reasonable accommodations within the meaning of the law (e.g., temporary
removal of an essential function) if: (a) they do not interfere with the
operations of the Agency; and (b) the employee is clearly informed that
they are being provided only on a temporary, interim basis.

a\. For example, there may be a delay in receiving adaptive equipment
for an employee with a vision disability. During the delay, the DM 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.

b\. If a delay is attributable to the need to obtain or evaluate medical
documentation and NASA has not yet determined that the individual is
entitled to an accommodation, NASA may also provide an accommodation on
a temporary basis. In such a case, the DM will notify the individual in
writing that the accommodation is being provided on a temporary basis
pending a decision on the accommodation request.

10.12 DM's who approve such temporary measures are responsible for
assuring that they do not take the place of a permanent accommodation
and that all necessary steps to secure the

permanent accommodation are being taken.

**CHAPTER 11. Granting a Reasonable Accommodation Request**

11.1 As soon as the DM determines that an accommodation will be
provided, she/he shall immediately communicate the decision orally or in
writing to the individual within the time frame provided in chapter 10.
If the DM initially communicates the determination orally, she/he must
follow-up with a written record using NASA Form Disposition of
Reasonable Accommodation Request 1699A (see Appendix A). Each
installation will make a determination regarding how funding will be
provided to support the provision of reasonable accommodation.

11.2 OEOP personnel shall maintain and safeguard all records and
documents following the guidance provided in NPG 1441.1c, NASA Records
Retention Schedules. This includes proposing changes to current
retention schedules and developing new retention schedules when
necessary.

**CHAPTER 12. Denial of a Reasonable Accommodation Request**

12.1 As soon as the DM determines that a request for accommodation will
be denied, and after consultation with Headquarters or Center EO
Officer, she/he shall fill out a NASA Form 1699A and give it to the
individual who requested the accommodation. In cases where an alternate
format is appropriate, the notification shall be provided in the
relevant format. The explanation for the denial should be written in
plain language, clearly stating the specific reasons for the denial.
Where the DM has denied a specific requested accommodation, but offered
to make a different one in its place which was not agreed to during the
interactive process, the NASA Form 1699A shall contain an explanation of
both the reasons for the denial of the requested accommodation and the
reasons that the DM believes that the chosen accommodation will be
effective. Reasons for the denial of a request for accommodation may
include, but is snot limited to the following (keeping in mind that the
actual notice to the individual must include, but is not limited to
specific reasons for the denial, for example, why the accommodation
would not be effective or why it would result in undue hardship):

a\. The requested accommodation would not be effective.

b\. Providing the requested accommodation would result in undue
hardship. Before reaching this determination, the DM (with appropriate
consultation), shall determine whether other effective accommodations
exist which would not impose undue hardship and therefore, can be
provided. When evaluating budgetary or administrative concerns to
determine if undue hardship exists, NASA will follow the regulatory
standards in 29 CFR §1614.203(c)(3).

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

d\. The requested accommodation would require the elimination of an
essential function.

e\. The requested accommodation would require the lowering of a
performance standard (e.g., safety, quality, reliability, etc.)

12.2 With notification of denial, the DM shall also inform the
individual that she/he has the right to file an EEO complaint and the
procedures available for informal dispute resolution.

If an employee or applicant for employment believes that she/he has been
discriminated against because of disability by the Agency's denial of a
request for accommodation, she/he may consult an Equal Employment
Opportunity (EEO) Counselor at the respective NASA installation within
45 days of receipt of the determination, in accordance with 29 C.F.R.
§1614.105(a)(1).

**CHAPTER 13. Information Tracking and Reporting**

13.1 The NASA Headquarters and Center EO Officer, as appropriate, shall
maintain the accommodation request records for either the length of the
employee\'s tenure with NASA or 5 years, whichever is longer. The files
will be safeguarded to protect the individual's privacy in accordance
with the Privacy Act of 1974. She/he will prepare an annual report
containing the following information, presented in the aggregate:

a\. The number of accommodations, by type, that have been requested in
the application process and whether those requests have been granted or
denied.

b\. The number of accommodations, by job type, requested by employees.

c\. The number of accommodations approved, by job type, and the number
of accommodations, by type, that have been denied.

d\. The number of requests that required further medical information.

e\. Reasons for denial.

f\. Number and type of accommodations requested related to privileges of
employment.

g\. Amount of time (in days) taken to process requests.

h\. Sources of technical assistance consulted.

13.2 In addition, the report shall provide a qualitative assessment of
the reasonable accommodation program, including any recommendations for
improvement of NASA\'s reasonable accommodation policies and procedures.

13.3 OEOP personnel shall maintain and safeguard all records and
documents following the guidance provided in NPG 1441.1c, NASA Records
Retention Schedules. This includes proposing changes to current
retention schedules and developing new retention schedules when
necessary.

**CHAPTER 14. Relation of Procedures to Statutory and Collective
Bargaining Claims**

14.1 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.

14.2 An individual who chooses to pursue statutory antidiscrimination
remedies for denial of reasonable accommodation shall contact an EEO
counselor at his/her respective installation within 45 days from the
date of receipt of the written notice of denial.

14.3 Individuals, including NASA EO Office representatives (e.g. EO
Officer or person designated by the EO Officer to process complaints in
connection with reasonable accommodation requests) who have served as a
DM shall excuse themselves from engaging

in EEO counseling or complaint processing in connection with the
specific request.

**CHAPTER 15*.* Inquiries**

Any person wanting further information concerning these procedures may
contact the Center DPM. They may also contact the Agencywide DPM at NASA
Headquarters in Washington, DC, at (202) 358-2167, TTY (202) 358-3748.

**CHAPTER 16. Distribution**

These procedures shall be available to all employees upon issuance by
electronic posting in the NASA Online Directive Information System
(NODIS). They should also be posted on the installation\'s Equal
Opportunity Web page, if applicable, and included in employee handbooks.
Copies also shall be made available in an installation\'s library, Equal
Opportunity Office, and the Office of Human Resources. They shall also
be distributed to all new employees as part of their orientation on
their first day of work. These procedures will be provided in
alternative formats, including simplified format, when requested by or
on behalf of, any NASA employee. Additional information regarding
reasonable accommodation matters can be obtained by accessing the U.S.
EEOC's web site: ([www.eeoc.gov](http://www.eeoc.gov/)[)]{.underline}.

# 

###### **APPENDIX A. NASA Forms 1699 and 1699A** 

Click
[here](http://nodis-dms.gsfc.nasa.gov/npg_img/N_PG_2080_001A_/nf1699.pdf)
to retrieve NASA Form 1699

Click
[here](http://nodis-dms.gsfc.nasa.gov/npg_img/N_PG_2080_001A_/nf1699a.pdf)
to retrieve NASA Form 1699A

####### **APPENDIX B. Resources**

**Job Accommodation Network (JAN)**

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

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

A service of the U.S. Department of Labor, Office of Disability
Employment Policy (ODEP) formerly the President\'s Committee on
Employment of People with Disabilities. JAN can provide information,
free-of-charge, about many types of reasonable accommodations.

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

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

The DBTACs consist of 10 federally funded regional centers that provide
information, training, and technical assistance on the Americans with
Disabilities Act of 1990. 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.

# Registry of Interpreters for the Deaf

\(703\) 838-0030 (Voice/TT)

The Registry offers information on locating and using interpreters and
transliteration services.

# RESNA Technical Assistance Project

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

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:
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), centers where individuals can try out devices and
equipment, assistance in obtaining funding for and repairing devices,
and equipment exchange and recycling programs.