# Presentation: 759021

## Reasonable Accommodation& Disability Issues

** **

## Overview

- <date/time>

- Define & Discuss “Disability”
- Recent Executive Orders
- Define “Reasonable Accommodation”
- Considerations & Responsibilities

##  “Individual with a Disability”

**	****	****	****	****	****	****	****	****	**

-  “Individual with a Disability”

-    Anyone that:** **
- Has a physical or mental impairment that substantially limits one or more major life activities
-     (i.e. walking, seeing, hearing, breathing, talking,
-        caring for self)
- Has a history of such an impairment
-     (i.e. cancer, mental illness)
- Is regarded as having an impairment
-     (i.e. facial scars, HIV status)		**	****	**

## “Qualified Individual with a Disability”

**“****An individual who, with or without *****reasonable accommodation*****, can perform the *****essential functions***** of his or her position.”**
**Satisfies skills, education, experience other job requirements (otherwise qualified for the job)****	****	****	****	****	****	****	****	****	****	****	****	****	****	****	**

## Terminology:

- “Disability” rather than “Handicapped”
- Legislative language
- People-first language

## Two Types of Disabilities

- “_**Reportable Disability**_”- Any disability voluntarily “reported” to agency                                                    (SF Form 256)
- “_**Targeted Disability**_”- More severe disabilities “targeted” by EEOC for emphasis in affirmative employment planning

**Reportable Disabilities**

**Targeted Disabilities**

## Targeted Disabilities

**Deafness****	****	****	**
**Blindness****	****	****	**
**Missing Extremities****	**
**Partial & Complete Paralysis****	****	**

**Convulsive Disorders****	**
**Mental Retardation****	**
**Mental Illness****	****	**
**Distortion of Limbs and/or Spine**

## N E S D I S

- Reportable Disabilities - 42 employees or 4.9%
- Targeted Disabilities - 11 employees or 1.3%
- Suggested goal for targeted disabilities  -  2.27 %
**General Statistics:**
- Approximately 54 million Americans with Disabilities
- 70 % of people with severe disabilities are unemployed

**Notes:**
Discuss exec order hiring plan

## Executive Order #13163

- Increase employment of people with disabilities
- Over five years (2001-2006), the federal government should hire 100,000 people with disabilities
- Each agency given a numeric goal for five years
- Agency must have hiring plan
- OPM to be oversight agency

**Notes:**
Pres Clinton recently signed Exec Order encouraging federal agencies to increase their hiring rate of PWD

By law, PWD is the only group that we are required to have a numeric goal for hiring  (still not quota)

Next 5 yrs, DSS SHOULD hire 138 PWD  (not all severe)  

- all appointments count - temp or perm,  WRP - 15 per year       SCH.  A   BENEFITS 

- developing plan to show recruitment strategies

## Recruitment Strategies

**Workforce Recruitment Program**
**High School / High Tech**
_**E**_**mployer **_**A**_**ssistance **_**R**_**eferral **_**N**_**etwork **
**Special Appointing Authority – Schedule A**

## Workforce Recruitment Program

**Summer and permanent employment for college students with disabilities**
**Co-sponsored by Dept. of Labor and Defense**
**Placement in positions throughout federal government and private sector.**
**Used as pipeline for permanent employment**
**White House encourages all Federal agencies to participate**

## Disability Laws

**Rehabilitation Act of 1973 ****(as amended)**
**Americans with Disabilities Act (ADA)**
**Prohibits discrimination**
**Requires Reasonable Accommodations**
**        ***** The employment provisions for the ADA and               **
**              ****the Rehabilitation Act are identical. ***
**   **

## Reasonable Accommodation

**   ****Any modification or adjustment to the work environment that enables an individual to perform the essential functions of the job.**

## Reasonable Accommodations

**Making existing facilities readily accessible**
**Job restructuring****	****	**
**Part-time or modified work schedules**
**Buying or modifying equipment or devices**
**Modifying or adjusting examinations, training materials or policies**
**Providing qualified interpreters or readers**

## Reassignment:Accommodation of Last Resort

**Considered when no other accommodation allows employee to perform essential functions**
**Must consider all vacant positions at same grade or lower**
**Must be qualified for position either with or without an accommodation**
**Cost of PCS is usually borne by employee**

**Notes:**
Change.   Previously suggested, now req’d.   

Consistent with disability retirement requirements.

## Ergonomics

- Prevention
- v.
- Disabling Condition

## Executive Order #13164

**Agency must have written procedures concerning reasonable accommodations**
**DoC DAO 215-10**
**Oral or written requests**
**EEOC to be oversight agency**

## Limitations on Reasonable Accommodations

**   ****Agencies are not required to provide reasonable accommodations if:****	**
**It would cause an **_**undue hardship**_** on the agency****	****	****	****	****	****	****	****	**
**Or it would pose a **_**direct threat**_** to the health or safety of the employee or others in workplace.**

**Notes:**
Undue Burden

-Unduly costly
-Extensive
-Substantial or disruptive
-Would fundamentally alter the nature or operation of business
-Would conflict with terms of a collective bargaining agreement

Direct Threat

Burden of proof is on employer to demonstrate that employee poses a direct threat to the health or safety of himself/herself or others

Employee must pose a significant risk or high probability of substantial harm to self or others

Must consider whether reasonable accommodation can eliminate risk or reduce to acceptable level

Perception of threat must be based on objective facts, not fears or stereotypes									

## Factors  to  Consider

**Nature and net cost of accommodation**
**Financial resources of agency**
**Size of employer, number of employees, type of operation****	**
**Impact of accommodation on the nature of operation of business**
**“****Morale” or public perception not permissible type of hardship**
**Permanent or temporary disability**

## Employee’s   Responsibility

**Must notify agency that an accommodation is needed   (written or oral requests)**
**May need to provide medical documentation of need for a particular accommodation, when appropriate**
**Has the right to refuse an accommodation**

**Notes:**
Emphasis that request can be informal      

be sure to recognize the request

if you don’t recognize the request, it can make agency vulnerable to EEO charge if EEOC recognizes it as a RA request and the agency did not respond.

## Supervisor’s   Responsibility

**Consult with employee or applicant regarding nature and purpose of request**
**Seek advice from EEO and/or Human Resources**
**Respond to request in writing, if denied **
**Encourage use of ADR to resolve issues**

**Notes:**
-  quick reply  .... 30 days

- maintain documentation in confidential manner separate from non-medical portions of employee’s file

- new exec order -
- issuing agency regulation
-denials must be in writing
- require consultation with OGC, EEO or ER, if recommending denial

## Agency’s   Responsibility

**Provide reasonable accommodations for all known disabilities of qualified person**
**Ensure accommodation is effective**
**Provide accommodation for all aspects of employment****	**
**Notify applicants or employees that accommodations are available**
**Can require documentation that a particular accommodation is necessary**

## CAP  Serves  DoC  by:

**Buying accommodations to make computers and telecommunications systems accessible**
**Funding interpreters, readers, and personal assistants for long-term training (2 days +)**
**Providing expertise in solving accessibility problems through software, hardware, & other adaptive technology**
**Providing training and educational support****	****	****	****	****	****	****	****	****	**

**Notes:**
FILM

## CAP Assistive Technology and Services

**Computer input devices**
- Alternative keyboards, pointing devices, voice recognition systems
**Computer output devices**
- Screen readers, large monitors, Braille terminal,
- 	scanner/reader software
**Telecommunication devices**
- PC based TTY
**Assisted listening devices**
- Personal amplification devices, amplified handset
**Alternative forms of documentation**
- Braille, large print, electronic
**Captioning services**
**Other technology and services to facilitate access**

## Contact CAP

**CAP Office  ****	****703-681-8813 (Voice)**
**	****	****	****         ****703-681-0881 (TTY)**
**Fax     ****	****	****703-681-9075**
**CAPTEC ****	****703-693-5160  (Voice)**
**       ****	****	****	****703-693-6189   (TTY)        **
**E-mail       ****	****cap@tma.osd.mil**
**Web****	****	****www.tricare.osd.mil/cap **** **