# Presentation: 888471

## MARSHALL SPACE FLIGHT CENTER

**POLICY GUIDANCE ON EXECUTIVE ORDER 13164****ESTABLISHING PROCEDURES TO FACILITATE THE PROVISION OF REASONABLE ACCOMODATION**

## 
Executive Order 13164 implements the requirements of the Rehabilitation Act of 1973 that agencies provide reasonable accommodation to qualified employees and applicants with disabilities unless to do so would cause undue hardship.

An accommodation is a change involving the workplace that enables a person with a disability to enjoy equal employment opportunities.

The Rehabilitation Act of 1973 requires agencies to provide reasonable accommodation to qualified employees and applicants with disabilities

- Executive Order 13164 implements the requirements of the Rehabilitation Act of 1973 that agencies provide reasonable accommodation to qualified employees and applicants with disabilities unless to do so would cause undue hardship.
- An accommodation is a change involving the workplace that enables a person with a disability to enjoy equal employment opportunities.
- The Rehabilitation Act of 1973 requires agencies to provide reasonable accommodation to qualified employees and applicants with disabilities

## 
WHO IS AN INDIVIDUAL WITH A 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 impairment; or (3) is regarded as having such an impairment.

MAJOR LIFE ACTIVITY 
Functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

**WHO IS AN INDIVIDUAL WITH A 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 impairment; or (3) is regarded as having such an impairment.
**MAJOR LIFE ACTIVITY **
- Functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
**	**

## 
TYPES OF REASONABLE ACCOMMODATION
Includes, but are not limited to, 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, etc.
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.

WHAT IS UNDUE HARDSHIP: 
If a specific type of accommodation causes significant difficulty or expense, NASA may not have to provide that particular accommodation.  This 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. 

**TYPES OF REASONABLE ACCOMMODATION**
- Includes, but are not limited to, 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, etc.
- _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._
**WHAT IS UNDUE HARDSHIP****: **
- If a specific type of accommodation causes significant difficulty or expense, NASA may not have to provide that particular accommodation.  This 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.

## THE PROCESS

- 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 of privilege of employment for a reason related to a mental or physical condition.
- An employee or job applicant may initiate a request for reasonable accommodation orally or in writing.  NASA requires the completion of a reasonable accommodation request form (NASA Form 1699, _Request for Reasonable Accommodation_) for recordkeeping purposes.
- When a request for reasonable accommodation is made, the requesting employee’s immediate supervisor shall immediately notify the installations’ Disability Program Manager (Allan Day, ODEO, 4-4079) for additional guidance and assistance.

## THE PROCESS (con’t)

- An employee’s request for accommodation 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 he/she 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.

## THE PROCESS (con’t)

- The employee’s immediate supervisor decides whether or not to grant the request for reasonable accommodation.
- Communication is a priority throughout the process.  Ongoing communication is particularly important where the specific limitation, problem, or barrier is unclear, where an effective accommodation is not obvious, or where parties are considering different possible accommodations.
- The Center’s Disability Program Manager is available to provide assistance and help resolve obstacles that arise during this process, as well as the Center Employee Assistance Program Coordinator, Occupation Health Office, Facilities Specialists, Information Technology Specialists, Office of the Chief Counsel, and any other professionals deemed appropriate to help in addressing and satisfactorily resolving the employee’s request.

## THE PROCESS (con’t)

- If the Supervisor believes that it is necessary to obtain medical information to determine whether the requesting individual has a disability and/or to identify the functional limitation, she/he shall make such request as soon as possible after receipt of the request for reasonable accommodation, but not longer than 20-business days following the request for accommodation**.**
- As soon as the Supervisor determines that an accommodation will be provided, she/he shall immediately communicate the decision orally or in writing to the individual within the required time frame.  If the Supervisor initially communicates the determination orally, she/he must follow-up with a written record using NASA Form 1699A, _Disposition of Reasonable Accommodation Request_.

## COMPUTER/ELECTRONICS ACCOMMODATIONS PROGRAM (CAP)

- A DOD PROGRAM, CAP PROVIDES FREE ASSISTIVE TECHNOLOGY AND SERVICES TO PEOPLES WITH DISABILITIES, FEDERAL MANAGERS, SUPERVISORS, AND IT PROFESSIONALS.
- CAP CONDUCTS NEEDS ASSESSMENTS TO IDENTIFY THE MOST APPROPRIATE SOLUTIONS FOR EACH INDIVIDUAL REQUESTING ACCOMMODATION.
- CAP PROVIDES ACCOMMODATION TO INDIVIDUALS WHO ARE BLIND, HAVE LOW VISION, ARE DEAF, HARD OF HEARING, OR HAVE A DEXTERITY, COMMUNICATION, COGNITIVE, OR LEARNING DISABILITY.

## Allan Day
Disability Program Manager
Office of Diversity and Equal Opportunity,  Building 4200, Room 716E
Phone:  544-4079
Allan.V.Day@nasa.gov

- Disability Program Manager
- Office of Diversity and Equal Opportunity,  Building 4200, Room 716E
- Phone:  544-4079
- Allan.V.Day@nasa.gov