# Presentation: 203813

## REASONABLE ACCOMMODATION

- In Observance of
- Disability Awareness Month
- October, 2005

## Where Did the Term Come From?

- A 1992 Amendment to the Rehabilitation Act of 1973
- Which came from the Americans with Disabilities Act

## What Does the Term Mean?

- A workplace modification so the individual with a disability can:
- Apply for a job; e.g., provide application form in large print
- Perform the essential functions of the job; e.g., install screen magnification software on a PC
- Enjoy the job benefits; e.g., rearrange work station to accommodate a wheel chair

## Who Does the Act Cover?

- Act protects Qualified Individuals with Disabilities from Employment Discrimination
- What is a “disability”?
- Who is a “qualified individual with a disability”?

## Who Is an “Individual with a Disability”?

- Has a physical or mental impairment that substantially limits one or more of the person’s major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment

## What Is an “Impairment”?

- Has a physical or mental impairment that substantially limits one or more of the person’s major life activities
- ***
- A physical or mental disorder
- Not determined by use of medication or assistive device

## “...one or more of the person’s major life activities” –	What is a “Major Life Activity”?

- A function that the average person can perform with little or no difficulty.

- Examples:
- Walking
- Speaking
- Breathing
- Performing manual task
- Seeing
- Hearing
- Learning
- Caring for oneself
- Working

## What Is “Substantially Limits”?

- Has a physical or mental impairment that substantially limits one or more of the person’s major life activities
- ***
- Individual is unable to perform, or is  significantly limited in his/her ability to perform, an activity compared to an average person

## To Determine if Impairment Substantially Limits Major Life Activity, Consider:

- Its nature and severity;
- How long it will last or is expected to last;
- Its permanent or long-term impact, or expected impact

## Effect of Impairment on That Individual’s Life Activities

- Determination as to whether an individual is substantially limited must always be based on the effect of an impairment or condition of life of a particular person.

## Are “Temporary Disabilities” Covered?

- How long an impairment lasts is one factor to be considered, but not by itself.
- Must look at the extent, duration, and impact of the impairment.

## Record of a Substantially Limiting Condition

- “Has a record of such an impairment”
- ***
- Protects people having a history of a disability, whether or not they currently are substantially limited in a major life activity

## Regarded as Having Substantially Limiting Condition

- “Is regarded as having such impairment”
- ***
- Protects people who are not substantially limited in a major life activity but are perceived to have such a limitation

## Who Is a “Qualified Individual with a Disability”?

- 	“Act Protects Qualified Individuals with Disabilities from Employment Discrimination”
- ***
- Individual with a disability who “. . . satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.”

## Step 1 -Meet Prerequisites for Job?

- Education
- Work Experience
- Training
- Skills
- Licenses
- Certificates
- Other Job-Related Requirements

## Step 2 – Perform Essential Functions?

- Determine if individual can perform essential functions of the job with or without reasonable accommodation
- Identifying “essential functions of the job”; and
- Considering whether the person with a disability can perform these functions, unaided or with a “reasonable accommodation.”

## When Is Reasonable Accommodation Applied?

- In three aspects of employment:
- In application process; e.g. wheelchair accessibility to building
- To perform essential functions of job; e.g., restructuring a job by redistributing marginal job functions
- To enjoy equal benefits and privileges of employment
- Equal access to lunchrooms, rest rooms, meeting rooms, etc.
- Equal opportunities for advancement, training, etc.

## Undue Hardship

- No change or modification is required if accommodation would impose an “undue hardship” on organization
- Is specific accommodation requiring significant difficulty or expense
- Is statutory limitation
- Determination is made on case-by-case basis

## When Is Reasonable Accommodation Not Required?

- If person has not been determined to be a “qualified individual with a disability”
- If accommodation would impose an undue hardship on the organization
- When to do so would lower quality or production standards
- When accommodation would provide personal-use items; e.g., glasses, hearing aid, etc.

## How to Request Reasonable Accommodation?

- Is responsibility of the applicant or employee with a disability to request a reasonable accommodation.

## Applicant Notification

- Employers are responsible for notifying job applicants of their obligation to provide accommodation.
- ARS vacancy announcements include such a statement.
- Interview applicants should be asked if an accommodation is needed for the interview.
- If need is indicated, then applicant should be asked what type of accommodation is necessary.

## Interview Questions and Pre-Employment Inquiries

- May ask questions about an applicant’s ability to perform specific job functions as long as not phrased in terms of a disability
- May ask all applicants to describe how they will perform a job, with or without accommodation
- May not make an inquiry about a disability
- May not make medical inquiries or conduct medical examinations

## Employee Requests and Responsibilities

- May be made orally or in writing to first- or second-level supervisor or ARS Disability Program Manager, Mary Ward
- Suggest accommodation options
- Relate to medical condition
- Form REE-172 may be used
- Participates in interactive process to clarify needs
- May need to provide medical documentation

## Supervisor Responsibilities

- Receives reasonable accommodation request
- Engages in interactive process to clarify what employee needs
- Contacts ARS Disability Program Manager, Mary Ward with Civil Rights Staff
- Maintains confidentiality
- Responds expeditiously
- Completes Form REE-172

## Policy and Procedure 122.2, Reasonable Accommodation Procedures

- Provides guidance for employees and supervisors
- Provides time frames for processing requests
- Available at:
- _[www.afm.ars.usda.gov/ppweb/](http://www.afm.ars.usda.gov/ppweb/)__ or_
- Equal Opportunity/Civil Rights portion of the MWA’s web site at _[www.mwa.ars.usda.gov/](http://www.mwa.ars.usda.gov/)_

## ARS’ Disability Program Manager

- Mary Ward
- Located with Civil Rights Staff
- Phone:  202-690-0372

## Conclusion

- Is fundamental statutory requirement
- Removes workplace barriers for qualified individuals with disabilities
- Is determined by facts of each particular case
- Is provided on a case-by-case basis