U.S. Department of Transportation Procedures for Conducting a
Department-wide Search and Position Reassignment

1.  **Introduction:**

> In compliance with Executive Order 13164, the Department of
> Transportation (DOT) has established written procedures for processing
> requests for reasonable accommodation by DOT job applicants and
> employees with disabilities (DOT Order 1011.1). In some cases, DOT
> employees with disabilities may be eligible for job position
> reassignment (reassignment) as a reasonable accommodation. This
> document is an outline of DOT reassignment procedures and the process
> by which a Department-wide search should be conducted when
> reassignment is being considered as a reasonable accommodation**.**
> Although this document contains the procedures specifically related to
> reassignment, it must be used in conjunction with DOT Order 1011.1 and
> is hereby incorporated by reference. The Order provides definitions
> and procedures essential to appropriate application of the
> reassignment process as a result of a request for reasonable
> accommodation.

2.  **Understanding the Reassignment Process:**

    a.  **What is reassignment?**

Reassignment is a reasonable accommodation in which an employee with a
disability is moved from his or her current position to another position
within the Department. Reassignment to an equivalent position is
considered prior to a non-equivalent position.

b.  **Defining equivalent and non-equivalent positions:**

Equivalent positions are those that are the same (or similar) as the job
currently held by the employee. Therefore, non-equivalent positions are
those that are not equal to an employee's current position in terms of
pay, grade level, career level, promotion potential, supervisory status,
pay system, type of appointment (competitive/excepted service), or other
relevant factors.

c.  **When is reassignment appropriate?**

Reassignment is used as the accommodation of last resort. It is only
considered when an employee with a disability cannot perform the
essential functions of his or her current position and no accommodation
is possible in that position, or if the only effective accommodation
would pose an undue hardship on the Department. The employee must be
able to perform the essential functions of the new position, with or
without reasonable accommodation.

d.  **Operating Administrations:**

As defined in DOT Order 1011.1, the term "Operating Administrations"
(OAs) refers to the Department\'s Operating Administrations, the Office
of the Secretary (OST), the Office of the Inspector General (OIG), and
the Bureau of Transportation Statistics.

e.  **DOT Reassignment Requirements (DOT Order 1011.1 Chapter 4-8):**

> [The Initial Search]{.underline}: Before a Department-wide search is
> triggered, the decision-maker, the lowest level manager within the
> Operating Administration (OA) responsible to oversee the
> accommodation, shall work with both the employee and with personnel in
> the appropriate Human Resources (HR) office to identify all vacant
> positions within the employee\'s OA for which he or she is qualified.
>
> For this purpose, the term "vacant positions" shall include positions
> that are actually vacant, as well as positions that the decision-maker
> or HR knows will become vacant over the next sixty (60) calendar days
> and that the OA intends to fill. The Equal Employment Opportunity
> Commission has recognized that factors such as hiring freezes, agency
> decisions to abolish, modify, or continue funding a position must be
> considered in determining whether a position is "vacant" for the
> purpose of reassignment. However, the Commission cautions that any
> decision not to continue a position, whether for funding or mission
> reasons, must not be discriminatorily based.

The initial search should focus on positions within the employee's
current OA that are equivalent to the employee's current job in terms of
pay, grade, promotion potential, status, benefits, geographical
location, and other relevant factors. If an equivalent position is
found, the employee must be offered that position. He or she cannot be
required to compete for that position. Nonetheless, the employee must be
qualified for the position that is available for reassignment.

> If there is no equivalent level position vacant (or anticipated to be
> vacant) within the same commuting area as the employee's current
> position, the decision-maker must document in writing the
> unavailability of positions within the local area. The decision-maker
> shall consult with the employee to determine whether the employee is
> willing to accept a vacant position outside of the employee's current
> commuting area. If so, the search shall be expanded to other
> geographic regions where the employee's OA may have vacant positions.
> In general, as with other transfers not required by management, the
> Department is not required to pay relocation expenses.
>
> If the search for an equivalent position within the employee's OA is
> unsuccessful and the employee is unwilling to consider an equivalent
> position outside of his or her local commuting area (or such a
> position cannot be located), the decision-maker shall consult with the
> employee to determine whether the employee is willing to consider
> non-equivalent positions and/or positions in other parts of the
> Department. The decision-maker, in collaboration with HR, must
> document in writing the unavailability of positions within the OA. If
> so, the search shall be expanded to seek a position within the entire
> Department, unless to do so would pose an undue hardship, in which
> case the search shall be expanded to the extent possible without
> causing undue hardship (Note: Any determination of undue hardship must
> be approved by the Secretary of Transportation or his or her
> designee).
>
> Prior to conducting an expanded search, the decision maker must engage
> in an interactive discussion with the employee to clarify and document
> the employee's preferences in order to define the parameters for the
> search. The decision-maker is responsible for documenting the
> interactive process and the specific preferences identified by the
> employee. Including a representative of the servicing human resources
> office in this process is strongly encouraged.
>
> Appendix (A) is a tool the decision-maker and the servicing human
> resources office must use in facilitating and documenting the
> interactive discussion with the employee. The employee's signature is
> required on this document. To expedite the process, this tool should
> typically be completed within five (5) business days from the date the
> expanded search is initiated.

f.  **Conducting an expanded search within the Department:**

> Note: Each Operating Administration HR Office shall designate a
> primary point of contact (P.O.C.) to facilitate intra-departmental
> reassignments consistent with the procedures specified in this
> document. The P.O.C will be responsible for coordinating the OA's
> efforts to identify vacant positions, facilitating communication with
> P.O.C.'s in other OAs, assisting decision makers in clarifying
> employee qualifications, making final qualification determinations
> with respect to vacant positions within his/her OA, ensuring the
> smooth and timely processing of any reassignments into or out of
> his/her OA, and appropriately documenting the expanded search process.
>
> In conducting an expanded search in other Departmental components, the
> P.O.C. should use the following four-step process:
>
> [Step One]{.underline} (Document the Need for Reassignment): In this
> part of the interactive process, the OA P.O.C. and the decision-maker
> must use the reassignment checklist (Appendix B). The checklist is
> used to ensure all appropriate actions have been taken up to and
> including the Department-wide search process. The OA P.O.C. and
> decision-maker are required to sign off on the reassignment checklist.
>
> [Step Two]{.underline} (Determination of Employee Qualifications): To
> understand the employee's capabilities, obtain a current resume and
> interview the employee. Also, it may be necessary to interview the
> employee's current manager.

[Step Three]{.underline} (Identify Vacant Positions): At this point,
check current and upcoming vacancies within the employing OA and/or
throughout the Department. To ensure fairness and efficiency in the
process, the Disability Resource Center will maintain a rotating list of
OAs within the Department, and will provide the P.O.C. with a list, upon
request. When conducting an expanded search, the OA at the top of the
list in one case will be moved to the bottom of the list in the next
case. Therefore, the employing OA P.O.C. will begin the expanded search
by contacting the P.O.C. within the OA at the top of the list provided
to search for appropriate vacancies. If there are no appropriate
vacancies within the first OA, the P.O.C. will proceed down the list to
the next OA and continue in this manner until a vacancy is identified or
it is determined that no such vacancy is available within the
Department. If a potential vacancy is identified, the P.O.C. shall work
collaboratively with the P.O.C in the OA where the position is located
to obtain additional information concerning the vacancy and provide
information concerning the employee's qualifications for the position.

> [Step Four]{.underline} (Contact OA P.O.C.): Provide all relevant
> information on the employee to the receiving OA P.O.C. Next, determine
> if another employee may also have an entitlement to consideration for
> the position identified as a result of a mandatory placement program,
> reduction-in-force action, a third-party adjudicatory decision, or
> other required action (e.g., Career Transition Assistance Program,
> Interagency Career Transition Assistance Program, Collective
> Bargaining Agreement, etc.). If not, the receiving OA P.O.C. and the
> potential receiving supervisor shall review the documentation and, if
> necessary, meet with the employee to determine if the employee is
> qualified for the position in question. Next, the receiving supervisor
> and/or receiving OA P.O.C. must notify the employing OA decision-maker
> as to whether or not a position will be offered to the employee. If
> so, the receiving OA will tender the job offer to the employee. If
> not, the employing OA must continue the expanded search in accordance
> with Step Three (*Note: DOT Order 1011.1, Chapter 4-2, states that the
> decision-maker in the employing OA is ultimately responsible for all
> aspects of the accommodation process*).
>
> Appendix (C) is a sample offer letter; however, actual offer letters
> should address the unique circumstances of a particular accommodation
> request. In the case of multiple vacancies, while nothing prevents the
> Department from offering several reassignment opportunities, the
> Department is only obligated to offer one reassignment opportunity as
> a form of reasonable accommodation. Any offer of a vacant position
> will be made in writing and will specify the consequences of declining
> the offer. Normally, an employee shall be required to respond to the
> offer letter within seven (7) business days.
>
> Note: The P.O.C must consult with the OA's Chief Counsel and Employee
> Relations staff, and may consult with OST General Counsel and the
> Departmental Office of Civil Rights (DOCR) Disability Policy Advisor
> throughout the reassignment process for input on legal issues. (e.g.
> determining if the employee meets the definition of a qualified
> individual with a disability)

3.  **Relationship to Disability Retirement and Workers Compensation
    Cases**

In disability retirement and or workers compensation cases, where the
provision of reasonable accommodation is appropriate, the requirements
of DOT Order 1011.1 and these reassignment procedures apply.

4.  **Policy Guidance:**

DOCR will provide guidance and interpretation of these reassignment
procedures.

5.  **Evaluation:**

The Departmental Office of Human Resource Management and DOCR shall
conduct an assessment of these procedures within eighteen (18) months of
implementation. This evaluation will be used to make modifications as
necessary to improve the process.

Parameters for Conducting an Expanded Search for a Vacant Position
(Appendix A)

The initial search for a vacant position within (**[EMPLOYING OPERATING
ADMINISTRATION (OA)]{.underline}**) for which you could be considered
for possible reassignment as a form of reasonable accommodation has been
unsuccessful. This search, which was initiated on \_\_\_\_\_\_, was
limited to vacant positions and those anticipated to become vacant
within 60 days in the local commuting area that are equivalent to your
current position in terms of pay, grade/career level, promotion
potential, status, etc. and for which you are otherwise qualified.
Because this search was unsuccessful, an expanded search for vacant
positions will be conducted in accordance with DOT Order 1011.1. Based
on your preferences this search may include positions in other operating
administrations and/or other geographic areas, as well as non-equivalent
positions.

Be advised, in the case of multiple vacancies, while nothing prevents
the Department from offering several reassignment opportunities, the
Department is only obligated to offer one reassignment opportunity as a
form of reasonable accommodation. Therefore, to assist you in making
informed decisions, any offer of a vacant position will be made in
writing and will specify the consequences of rejecting the offer.

To enable an effective expanded search to be conducted, you must answer
the following questions. Your answers to these questions will determine
the specific parameters of the expanded search. If you answer "no" to
any question, a search for vacant positions in that category will not be
conducted and you will have waived your right to consideration for such
positions as a form of reasonable accommodation.

1\) **Will you accept a position within your current OA that requires
you to relocate to another geographic area, at your own expense?**

Yes No

2\) **Will you accept a position located in another geographic
location?**

> Yes No
>
> **If yes, are there any geographic areas to which you would not
> consider relocating to accept a vacant
> position?\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

3\) **Will you accept a position in another OA?**

Yes No

4\) **Will you accept a non-equivalent position within your current
local commuting area?**

Yes No

*If no, proceed to question 5.*

-   **Will you accept a lower graded position?**

> Yes No
>
> If yes, what is the lowest graded position you will accept?

-   **Will you accept a position with less promotion potential than your
    current position?**

> Yes No

-   **Will you accept a position in a different pay system (GS, FWS,
    FG/Pay Banding)?**

> Yes No

-   **Will you accept a position in the excepted service (FAA or TSA)?**

> Yes No

-   **Will you accept a position in the competitive service?**

> Yes No

-   **Will you accept a non-supervisory position?**

> Yes No

5\) **Do you prefer to be considered for positions in other OAs within
your current commuting area before being considered for positions that
require relocation at your own expense?**

Yes No

6\) **Do you prefer to be considered for equivalent positions in other
OAs before being considered for non-equivalent positions within
([EMPLOYING OA]{.underline})?**

Yes No

The following sequence will be used in searching for vacant positions if
specific preferences are not identified:

1\) "Equivalent" positions in the local commuting area within the
employing OA.

2\) "Equivalent" positions in other geographic areas within the
employing OA.

3\) "Equivalent" or "Non-Equivalent" positions in the local commuting
area within other OAs.

4\) "Equivalent" positions in other geographic areas within other OAs.

5\) "Non-equivalent" positions in the local commuting area within the
employing OA.

6\) "Non-equivalent" positions in other geographic areas within the
employing OA.

7\) "Non-equivalent" positions in other geographic areas within other
OAs.

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Employee signature Date**

***This signature acknowledges my receipt and review of the parameters
for conducting an expanded search for vacant positions within
[(OA)]{.underline} and/or other OAs within the DOT.***

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

# Decision-Maker Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Human Resources Specialist** **Date**

**Checklist for Expanded Search for a Vacant Position (Appendix B)**

Use this checklist to document an expanded DOT search for positions when
no equivalent positions are found within the local commuting area of the
employee's current OA.

1\. **[Employee\'s current position]{.underline}**:

Operating Administration
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Title of position: [ ]{.underline}
>
> Pay plan, Series: [ ]{.underline}
>
> Grade/Career level: [ ]{.underline}
>
> Promotion potential: [ ]{.underline}
>
> Location (City/State): [ ]{.underline}
>
> Work schedule: [ ]{.underline}
>
> Other factors (if any): [ ]{.underline}

2\. **[Interactive Discussion with Employee]{.underline}**:

> Date of discussion: [ ]{.underline}
>
> Discuss search options with employee (document employee choices for
> commuting area and non-equivalent positions, and order of preference
> for search; attach [Parameters for Conducting an Expanded Search for a
> Vacant Position]{.underline} form signed by employee)
>
> Discuss employee qualifications for other positions. Ask employee for
> updated resume/application, detailing all qualifying experience and
> education (attach copy if provided by employee)
>
> List prior positions held (include both government and non-government,
> paid and unpaid jobs). If any positions are in the 301 or other
> general series, get description of actual duties (copy of position
> descriptions, if available):
>
> List other qualifying education:
>
> List all series and grades/or career levels for which employee is
> qualified, and/or which employee will consider:

3\. **[Search for position]{.underline}**.

> Date search began: [ ]{.underline}
>
> For each option, search first for open vacancy announcements; if none,
> contact OA P.O.C. Reassignment Coordinators for pending vacancies.
>
> Place a check mark in the appropriate blocks below for each category
> in which a search for vacant positions was conducted. Note
> "Non-applicable (NA)" for any options waived by the employee.
>
> For each position found, that is deemed viable as a potential
> reassignment opportunity, list the OA, pay plan, series, grade/or
> career level, title, location, promotion potential, and work schedule.
> Note the contact person in the OA in which the position is located and
> whether there were any limitations on the position (e.g., funding,
> FTE, etc). State whether the employee was qualified, with or without
> reasonable accommodation.

\_\_\_\_ Equivalent positions in other geographic areas within the
employing OA.

> Position(s) found? No Yes -- list
>
> Equivalent or non-equivalent positions in the local commuting area
> within other OAs.
>
> Position(s) found? No Yes -- list
>
> Equivalent positions in other geographic areas within other OAs.
>
> Position(s) found? No Yes - list
>
> Non-equivalent positions in the local commuting area within the
> employing OA.
>
> Position(s) found? No Yes - list
>
> Non-equivalent positions in other geographic areas within the
> employing OA.
>
> Position(s) found? No Yes - list
>
> Non-equivalent positions in other geographic areas within other OAs.
>
> Position(s) found No Yes - list

4\. **[Position offer]{.underline}**:

> Employee was offered the following position(s), in writing (attach
> copy of offer):
>
> Date of offer: [ ]{.underline}
>
> Date employee decision due by: [ ]{.underline}

5\. Position acceptance/declination:

> Employee accepted the following position:
>
> Date of acceptance: [ ]{.underline}
>
> EOD date for new position: [ ]{.underline}
>
> Employee declined offer(s)
>
> Date of declination: [ ]{.underline}

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

HR Specialist

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
[ ]{.underline}

Decision-Maker Date reassignment efforts closed

Subject: Reassignment Offer (Appendix C)

From: Decision Maker/HR Specialist

To: Employee

In accordance with DOT Order 1011.1, you are hereby offered reassignment
to the position of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
GS/WG/FG/FV-\_\_\_-\_\_\_, in the
\_\_[OA/Organization]{.underline}\_\_\_\_ as a form of reasonable
accommodation. A copy of the position description or career level
definition and job analysis for this position is attached for your
review. (NOTE: The OA must also provide information concerning unique
aspects of the offered position affecting appeal rights, benefits,
career status etc.)

Please sign and date the appropriate space below indicating your
acceptance or declination of this offer, and return the form to me no
later than seven (7) business days from your receipt of this notice. It
is important that you give this matter your prompt attention, as failure
to return the completed form within this timeframe will be considered a
declination of this offer. Although you must return the original copy of
this form, to ensure timely receipt in this office, you may fax a copy
to me at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

Please note that if you decline this offer, or fail to return the
completed form within seven (7) business days, additional searches will
not be conducted. Simply stated, declination means you have waived your
right for further reassignment consideration.

In contrast, acceptance of this offer constitutes your agreement that
the \[OA\] has met its obligation to offer reasonable accommodation. By
accepting reassignment, you are acknowledging that you have voluntarily
accepted the offered reassignment.

If you have any questions concerning this offer, please contact me at
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as soon as possible.

Attachment

**Accept:**
**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**Signature Date**

**Decline: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

#  Signature Date

Note: If you choose to decline this offer, please specify your
reason:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_