October 24, 2022
PERSONNEL BULLETIN 21-03
SUBJECT: Processing Requests for Reasonable Accommodation for Individuals with
Disabilities
1. Purpose. In compliance with the authorities listed below, the Department of the Interior (DOI)
has established policy and procedures for processing reasonable accommodation requests. This
Personnel Bulletin (PB) outlines the requirements and instructions by which Departmental
supervisors and other responsible parties will act on requests for reasonable accommodationfrom employees and applicants for employment. This PB supersedes Civil Rights Directive
2014-02 and PB 14-01, Reasonable Accommodation for Individuals with Disabilities, dated
February 20, 2014; and PB 08-09, Procedures for Conducting a Department-wide Search andPosition Reassignment for Cases Involving Reasonable Accommodation, dated May 5, 2008.
This document remains in effect until either rescinded or superseded by a new Departmental
policy.
2. Authorities.
A. Title 29 of the United States Code (U.S.C.), Chapter 16, Subchapter V, Section 791(Employment of Individuals with Disabilities)
B. Title 42 of the U.S.C., Chapter 126, Section 12101 (Americans with Disabilities Act of1990)
C. Part 1614 of Title 29 Code of Federal Regulations (CFR), Federal Sector Equal
Employment Opportunity
D. Public Law 110-325, Americans with Disabilities Act Amendments Act (ADAAA) of2008
E. Part 1630 of Title 29 CFR, Regulations to Implement the Equal Employment Provisionsof the Americans with Disabilities Act
F. Part 1635 of Title 29 CFR, Genetic Information Nondiscrimination Act of 2008
G. Part 335 of Title 5 CFR, Promotion and Internal Placement
H. Executive Order 13164: Establishing Procedures to Facilitate the Provision of Reasonable
Accommodation (July 26, 2000)
I. Equal Employment Opportunity Commission Management Directive 715
J. Equal Employment Opportunity Commission Policy Guidance on Executive Resources
13164: Establishing Procedures to Facilitate the Provision of Reasonable
Accommodation, dated October 20, 2000
K. DOI Merit Promotion & Staffing Policy Personnel Handbook (November 2020)
3. Coverage. This policy applies to all DOI Bureaus and Offices and supersedes any other
Departmental or Bureau/Office policies or procedures that conflict with this policy.
4. Goals. The goals of this policy are to ensure:A. Prompt and effective accommodation solutions are provided to foster maximum
productivity and performance, equal access to employment and the workplaceenvironment, and create an atmosphere where employees can fulfill the DOI mission.
B. Qualified employees and applicants for employment participate in a transparent andcommunicative manner throughout the reasonable accommodation process.
C. Requests for reasonable accommodations (including interim and alternative
accommodations) are processed within established timeframes.
5. Responsibilities.
A. The Director, Office of Diversity, Inclusion and Civil Rights (ODICR) is responsible for:1. Ensuring that reasonable accommodations are made for qualified employees andapplicants with a disability in accordance with applicable laws, regulations andbargaining unit agreements.
2. Preparing periodic reports to analyze the agency’s performance regarding theprovision of reasonable accommodations to individuals with disabilities.
3. Serving as a committee member, along with the Chief Human Capital Officer(CHCO)/Deputy Assistant Secretary for Human Capital & Diversity (DAS-HCD) andthe Director of Financial Management, on undue hardship determinations.
4. Implementing proactive prevention measures and a continual Departmentwide
campaign to increase knowledge and awareness of the requirements, relevancy andcapability of providing reasonable accommodations.
B. The Chief Human Capital Officer (CHCO)/Deputy Assistant Secretary for Human
Capital & Diversity (DAS-HCD) is responsible for:1. Serving as a committee member, along with the Director of ODICR and the Directorof Financial Management, on undue hardship determinations.
2. Making decisions on employee reassignment requests within 5 business days ofreceipt of the DOI Reassignment Appeals Board’s (DOI RAB) recommendation incases of inter-bureau conflicts.
3. Developing policy guidance on the timely processing of requests foraccommodations.
C. The Deputy Chief Human Capital Officer (DCHO)/Director, Office of Human Capital(OHC) is responsible for:1. Convening the DOI Reassignment Appeals Board (DOI RAB) within 10 business2

days of receipt of all documentation and making a recommendation to the
CHCO/DAS-HCD within 5 business days of convening the DOI RAB.
D. The Department Reasonable Accommodation Program Manager, OHC is responsible for:1. Developing DOI-wide policy on processing reasonable accommodation requests andpartnering with ODICR and other key stakeholders to ensure that all Bureaus/Offices
are aware of and apply policy requirements.
2. Serving as the liaison between Servicing Human Resources Offices (SHRO) and
Department leadership in coordinating requests for undue hardship and the DOI RAB
as described in this document.
E. The Department Medical Officer is responsible for providing a review of medical
documentation when requested so that Bureaus/Offices can make informed decisions
regarding employee accommodation requests.
F. Bureau/Office Disability Program Manager (DPM) is typically an employee of the Equal
Employment Opportunity (EEO) Office and is responsible for:1. Developing, implementing, and operating the Bureau/Office's disability program
to eliminate employment barriers, seek full inclusion of individuals withdisabilities, and providing guidance on reasonable accommodation matters related
to employees and applicants.
2. Forwarding requests for accommodation to the responsible Deciding Official.
3. Promoting equal opportunity and equal access for individuals with disabilities.
G. The Servicing Human Resources Office (SHRO) is responsible for:1. Assisting the Deciding Official in determining essential functions of the job;
coordinating the initial search and job analysis on available, vacant, funded
positions, in the case of reassignment as an accommodation; and removing
barriers from the hiring process.
2. Forwarding requests for accommodation to the responsible Deciding Official.
3. Training human resources specialists who are involved in the application process
to recognize requests for reasonable accommodation and handle them inaccordance with this PB.
4. Assisting and training Deciding Officials in processing reasonable accommodation
requests, identifying effective accommodations, and ensuring appropriate timeframes
are met by the Deciding Official.

35. Coordinating the Bureau’s efforts to identify vacant, funded positions; facilitating
communication with the SHRO in other Bureaus on reassignments as anaccommodation; assisting Bureau management in clarifying employee qualifications;coordinating with the Human Resources Officer in making final qualification
determinations with respect to vacant, funded positions within their Bureau; ensuring
the smooth and timely processing of any reassignments into or out of the Bureau; andappropriately documenting the expanded search process in the case of reassignment
as an accommodation.
6. Tracking all reasonable accommodation requests and collecting the Information
Tracking and Reporting Form from the Deciding Official. The information tracked
must be sufficient to allow the Bureau Equal Employment Opportunity (EEO) Office
to prepare regular and ad-hoc reports, as needed for the EEOC to ensure compliancewith these procedures and the Rehabilitation Act.
7. Maintaining all reasonable accommodation records for the length of theemployee's tenure with DOI or for 5 years, whichever is longer, and separate
from other personnel records.
H. Deciding Officials are responsible for:1. Consulting with appropriate officials, such as the SHRO, Bureau DPM, Office of
the Solicitor Employment and Labor Law Unit attorney, DOI Medical Officer, orother individuals that can assist in determining appropriate and effective
accommodations.
2. Determining, in consultation with the SHRO, the essential function(s) of asubordinate employee’s position.
3. Ensuring that all regulatory requirements and specified timeframes are adhered toin managing reasonable accommodation requests.
4. Providing assistance to the SHRO in clarifying qualifications and coordinating
reassignment efforts, with respect to requests for reassignment as anaccommodation.
5. Protecting medical documents as required by the Rehabilitation Act, Pub. L. 93112 and the Privacy Act, 5 U.S.C. § 552a (1974).
6. Participating in the interactive process.
7. Communicating with the requestor and providing timely updates regarding
accommodation status including following through and making necessary

4arrangements to ensure that the accommodation is provided in a timely manner.
8. Completing the Information Tracking and Reporting Form and submitting it to the
SHRO within 10 business days of the decision.
I. Office of the Solicitor (SOL), Employment and Labor Law Unit (ELLU) is responsible
for providing legal counsel to agency officials relevant to reasonable accommodation
laws, rules, and regulations.
J. Qualified employees and applicants are responsible for:
1. Making requests for reasonable accommodation.
2. Timely providing appropriate supporting medical and/or other documentation
upon request.
3. Participating in the interactive process.
K. Other Responsive Department/Bureau/Office Officials (e.g., Information
Technology, Budget, Facilities, etc.) are responsible for:1. Timely providing action when engaged by Deciding Officials on coordination
and/or logistical arrangements necessary to implement accommodation solutions.
2. Forwarding requests for accommodation to the responsible Deciding Official.
6. Definitions.
A. Arduous or Hazardous Position. A position that is dangerous or physically demanding tosuch a degree that an incumbent’s medical and/or physical condition is necessarily an
important consideration in determining the ability to perform safely and efficiently.
B. Deciding Official. The immediate supervisor, manager, or other designated management
official with the authority to act on requests for reasonable accommodations.
C. Direct Threat. A significant risk of substantial harm to the health or safety of anindividual or others that cannot be eliminated or reduced by reasonable accommodation.
The determination that an individual poses a “direct threat” shall be based on an
individualized assessment of the individual's present ability to safely perform theessential functions of the job. This assessment shall be based on a reasonable medical
judgment that relies on the most current medical knowledge and/or on the best available
objective evidence. In determining whether an individual would pose a direct threat, thefactors to be considered include: (1) the duration of the risk; (2) the nature and severity ofthe potential harm; (3) the likelihood that the potential harm will occur; and (4) the
imminence of the potential harm.

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D. Disability. To be eligible for a reasonable accommodation, an individual must either havea physical or mental impairment that substantially limits a major life activity or musthave a record (a history) of a physical or mental impairment that substantially limits amajor life activity. An individual who is only regarded as having a disability is notentitled to reasonable accommodation. Determination of disability will comply with therequirements of the Americans with Disabilities Act Amendments Act of 2008
(ADAAA) which requires a broad interpretation of the term and generally does not
require an extensive analysis.
E. Essential Functions of a Job. Job duties that are so fundamental to the position that theindividual cannot do the job without being able to perform them. A function can be“essential” if, among other things, the position exists specifically to perform thatfunction, there are a limited number of other employees to whom performance of thefunction could be distributed, or the function is specialized, and the incumbent is hired
based on their ability to perform it. Determination of the essential functions of a position
must be conducted on a case-by-case basis so that it reflects the job as actually
performed, and not simply the components of a generic position description (PD). The
term “essential functions” does not include the marginal functions of the position.
F. Equivalent Position. Positions that are the same (or similar) as the job currently held by
the employee in terms of pay, grade level, career level, promotion potential, supervisory
status, pay system, type of appointment (competitive/excepted service), and otherrelevant factors.
G. Extenuating Circumstances. Factors that cannot reasonably have been anticipated or
avoided in advance of the request for accommodation.
H. Individual with a Disability. A person who has a physical or mental impairment that
substantially limits one or more major life activities, or has a record of such impairment,
or is regarded as having such impairment. Individuals who are solely regarded as having
a disability, but do not have a disability, are not entitled to a reasonable accommodation.
I. Interactive Process. The collaborative effort by which the Deciding Official andindividual, who requests an accommodation, engage in dialogue to clarify the precise
limitations resulting from the disability and identify potential reasonableaccommodations that could overcome those limitations. The interactive process may
include an analysis of the particular job to determine its purpose and essential functions; aconsultation with the individual to ascertain the precise job-related limitations imposedby the individual’s disability and how those limitations could be overcome with areasonable accommodation; an identification of potential accommodations and, in
conjunction with the individual, an assessment of the effectiveness of thoseaccommodations in enabling the individual to perform the essential functions of the job;
the consideration of the preference of the individual; the selection and implementation ofan accommodation that is appropriate for the individual and the employer; and whether
the accommodation poses an undue hardship.

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J. Major Bodily Functions. Functions that include, but are not limited to, functions of theimmune system, special sense organs, and skin; normal cell growth; and digestive,
genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory,
cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems.
K. Major Life Activities. Activities that include, but are not limited to, caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting,reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,communicating, interacting with others, and working, and the operation of a major bodilyfunction.
L. Medical Documentation. Documentation that explains the nature, severity, and durationof the disability; the impact of the disability on and off the job; the extent to which the
impairment(s) limits the individual’s ability to perform functions of the job; the estimateddate of full or partial recovery; a medical professional’s assessment of the individual’sability to successfully perform the essential functions of the position; and how theparticular accommodation will assist the individual in performing the essential functionsof the position.
M. Non-Equivalent Position. Position that is not equal or similar to an employee’s current
position in terms of pay, grade level, career level, promotion potential, pay system, typeof appointment (competitive/excepted service), or other relevant factors. An
accommodation to a non-equivalent position (e.g., change-to-lower grade) should be
granted only if the employee agrees to voluntarily accept the position.
O. Physical or Mental Impairment. 1) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more body systems, such as, but notlimited to, neurological, musculoskeletal, special sense organs, cardiovascular,
reproductive, digestive, respiratory (including speech organs), genitourinary, immune,
circulatory, hemic, lymphatic, skin, and endocrine; or 2) any mental or psychologicaldisorder, such as an intellectual disability, organic brain syndrome, emotional or mental
illness, and specific learning disabilities.
P. Qualified. The term “qualified,” with respect to an individual with a disability, means thatthe individual satisfies the requisite skills, experience, education and other job-related
requirements of the employment position such individual holds or desires and, with orwithout reasonable accommodation, can perform the essential functions of such position.
Q. Reasonable Accommodation. A modification or adjustment that enables a qualified
individual with a disability to apply for a job, perform job duties, or enjoy benefits andprivileges of employment. There are three categories of reasonable accommodations:a)modifications or adjustments to a job application process that enable a qualified
applicant with a disability to be considered for a job;b)modifications or adjustments to the work environment, or to the manner or7

circumstances under which the position held or desired is customarily performed,that enable a qualified individual with a disability to perform the essentialfunctions of the job; andc)modifications or adjustments that enable employees with disabilities to enjoy
equal benefits and privileges of employment as are enjoyed by similarly situatedemployees without disabilities.

R. Reassignment. A last resort accommodation that, absent an undue hardship, must be
provided to employees (not applicants) who, because of a disability, can no longer
perform the essential functions of their job, with or without reasonable accommodation.
Reassignments are made only to available, vacant, funded positions for which theemployee qualifies. If the employee is qualified for the position, the employee will bereassigned to the job and will not have to compete. Informing an employee that they may
apply for or otherwise compete for a position does not satisfy the obligation to reassign.
S. Record of Such an Impairment. Having a history of or being classified (or misclassified)
as having a mental or physical disability that substantially limits one or more major life
activities.
U. Undue Hardship. With respect to the provision of an accommodation, means significant
difficulty or expense to the Department when considered in light of factors such as the
Department’s size, financial resources, and the nature and structure of the position.
Accommodations that are extensive, substantial or disruptive may fall within the realm of
undue hardship. Determination of undue hardship is always made on a case-by-casebasis. In the case of a potential undue hardship, alternatives must be explored todetermine if there are other effective accommodations that do not impose an undue
hardship on the Department.
7. Policy. The DOI must provide reasonable accommodation to employees and applicants for
employment who are qualified individuals with disabilities, unless doing so would cause undue
hardship to the DOI, in accordance with applicable law.
8. Process. There are five possible phases of the reasonable accommodation process: 1) initiationof request, 2) consideration, 3) decision, 4) reconsideration, and 5) appeal. Throughout theprocess, the Deciding Official must communicate with the SHRO to ensure adherence to policy,
timeframe requirements, and proper tracking.
A. Initiation of Request
1. Request for Accommodation
In the initiation of request phase, the employee or applicant, or someone acting on theirbehalf, submits a request for an accommodation either verbally or in writing to theirsupervisor or other designated Deciding Official. The individual requesting accommodation
does not need to use any particular words (e.g., “reasonable accommodation” or8

“disability”), need not fill out any specific form, and need not make their request within
any particular time frame. A request for accommodation is triggered when an individual orsomeone acting on their behalf asks for an adjustment or a change at work or in theapplication process for a reason related to a medical condition. An individual need not have aparticular accommodation in mind, or propose any specific accommodation, before making arequest and may not be required to propose a specific accommodation. Any urgency
associated with a request, should be made known to the Deciding Official (including what
the urgency is attributed to). If an accommodation is requested by a family member, healthprofessional, or other representative, a signed statement shall be provided by the employee,
or applicant, stating the name of the representative and authorizing that individual to speakwith agency officials and to engage in the interactive process on their behalf.
a. An employee with a disability may submit their request for accommodation to
any of the following officials: their supervisor, a management official in theirchain of command, the SHRO, the DPM or any other management official.
b. An applicant with a disability may submit their request to the agency contact
identified in the vacancy announcement or any other individual designated toaccept accommodation requests.
Upon receipt of a request for reasonable accommodation, the Deciding Official mustacknowledge receipt of the request in writing no later than 5 business days from receiptof the request.
Requests for reasonable accommodation received by an agency official other than the
Deciding Official (usually the first-level supervisor), shall be forwarded to the Deciding
Official and the SHRO as soon as possible but no later than 5 business days from thedate the request is received.
A verbal request for accommodation is deemed accepted when the request is received bya designated agency official, the Deciding Official, the SHRO, the DPM or a supervisor
or manager within the requesting individual’s immediate command. Verbal requests may
be documented for record-keeping purposes using the Request Confirmation Form. The
recipient of the verbal request must not wait until the request is submitted in writing to
act on the request. Regardless of how the request for accommodation is made, once theemployee requests accommodation the time limits outlined in Table 1 begin. Failure to
respond in accordance with the timeframes outlined in Table 1 may result in a violation of
the Rehabilitation Act. Additional information (including medical documentation)
reasonably needed to process the accommodation request may be sought during theinteractive process. A determination that the employee or applicant is a qualified
individual with a disability is a prerequisite to an entitlement to a reasonableaccommodation. This determination should be made by the Deciding Official, in
consultation with the SHRO and ELLU, prior to addressing the specifics of theaccommodation request.
2. Initiation of the Interactive Process

9The Deciding Official, in consultation with the SHRO, will engage the requesting
individual in the interactive process within 5 business days from receipt of the request
and throughout the process, as necessary, to determine the precise limitations of thedisability as well as potential reasonable accommodations that could overcome thoselimitations. The parties should not wait for medical documentation, if determined
necessary, to engage in the interactive process. It is equally incumbent on both requestorand Deciding Official, to actively engage in the interactive process in order to attain
results. Ongoing communication is particularly important where the specific limitation,
problem, or barrier is unclear, and an effective accommodation is not obvious; or theparties are considering alternative reasonable accommodations. In addition to the SHRO
and DPM, resources such as the Office of Collaborative Action and Dispute Resolution(CADR) are available to help ensure productive communication.
The Deciding Official may, as part of the interactive process, offer alternative
accommodations and discuss the effectiveness in enabling the individual to perform theessential functions of their position in removing the workplace barrier that is impeding
the requestor. If an employee or applicant requests an accommodation that is noteffective or would pose an undue hardship (e.g., removing an essential job function), theDeciding Official will continue the interactive process with the requestor and explore
alternatives until either a reasonable accommodation is found, the requestor withdraws
the request, or the Deciding Official determines that reasonable accommodation would
pose an undue hardship. Deciding Officials may not require an individual with adisability to accept an accommodation that is neither needed nor requested. If, however,an employee or applicant needs and requests a reasonable accommodation, and refuses
to accept an effective accommodation, the employee or applicant may not be qualified.
3. Determination Whether Medical Documentation Is Necessary
When the disability is not obvious, previously known, or the requestor has not alreadyprovided sufficient medical information to establish that they are a qualified individualwith a disability, individuals may be asked, but may not be required, to provide medical
documentation in support of a reasonable accommodation request. In such a case, theDeciding Official shall, in consultation with the SHRO, ask but not require, theindividual to submit medical documentation. Any such request for medical
documentation must be limited to determining the nature and scope of the individual’s
disability, their need for reasonable accommodation, and how the requested
accommodation will assist the individual to apply for a job, perform the essentialfunctions of the job, or enjoy the benefits and privileges of the workplace. Supplemental
medical information may be requested if the information submitted by the requesting
individual is insufficient for the purposes outlined above. Every attempt shall be made to
avoid overly burdensome requests for medical documentation.
The medical documentation must be from a licensed medical professional, who isqualified to render a medical opinion on the individual’s disability and the type offunctional limitation it imposes. Appropriate medical professionals include, but are notlimited to, medical doctors (including psychiatrists), psychologists, chiropractors, nurses,
nurse practitioners, physician assistants, physical therapists, occupational therapists,
speech therapists, vocational rehabilitation specialists, and licensed mental healthprofessionals. The medical documentation must be signed by the medical professional,
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be on the provider’s letterhead and include 1) the requestor’s name, 2) the nature,
severity, and duration of the individual’s impairment, 3) the activities that the
impairment limits, 4) the extent to which the impairment limits the individual’s ability toperform the activities, and 5) how the requested accommodation will assist theindividual in performing the essential functions of the job or enjoy a benefit of theworkplace, or in the case of an applicant, assist them with the application process. If
insufficient information is provided for management to make an informed decision on
the accommodation request, or no further information is submitted by the requestor, thena decision shall be made based on the information available.
Deciding Officials must consult with the SHRO to help determine if medical
consultation by the DOI Medical Officer is necessary. Medical information does not
automatically have to be reviewed by the DOI Medical Officer if it clearly explains thenature of the disability and/or the need for reasonable accommodation. If medical
consultation is necessary, the Bureau SHRO, not the Deciding Official, will engage the
DOI Medical Officer by preparing a memorandum detailing the necessary backgroundinformation and identifying questions to be addressed by the DOI Medical Officer. If a
medical consultation is determined to be necessary, it shall be at the requesting
Bureau/Office’s expense.
If an individual’s disability or need for reasonable accommodation is not obvious, andthe employee or applicant refuses to provide the medical documentation requested, they
may not be entitled to a reasonable accommodation.
Only if, in response to the agency’s initial request, the employee or applicant submits
insufficient documentation from their own health care or other appropriate professional
to demonstrate that they have a disability or need an accommodation, may the Deciding
Official, in consultation with the SHRO or ELLU, request that the individual be
examined by a healthcare professional of the Bureau’s choice and at the Bureau’s
expense. Before doing so, the agency should explain to that individual why thesubmitted documentation is insufficient; identify the information that is needed; andallow the individual an opportunity to provide the information before offering a medical
examination. Any such medical examination must be limited to determining theexistence of a disability and/or the functional limitations that require an accommodation.
Where a medical examination is offered, the Deciding Official must explain to theindividual that, although submitting to the medical examination is voluntary, failure toparticipate in the medical examination may result in a finding that the individual is notentitled to a reasonable accommodation.
B. Consideration Phase:In the consideration phase, the Deciding Official determines whether to provide theaccommodation requested, if any, or present an effective alternative accommodation. The
Deciding Official shall seek advice from and collaborate with their SHRO throughout thisphase. After a request from a qualified individual with a disability is received, the request isreviewed to determine if a reasonable and effective accommodation exists.
When all the facts and circumstances known make it reasonably likely that anindividual is entitled to a reasonable accommodation, but the accommodation11

cannot be provided immediately, supervisors must confer with the individual andconsider providing an interim accommodation, if it is possible to do so without
imposing an undue hardship. The interim accommodation allows the employee toperform some or all of the essential functions of the job. An interim accommodation may
also be provided in cases where a delay is attributable to the need to obtain or evaluate
medical documentation and the Deciding Official has not yet determined that theindividual is entitled to an accommodation. In such case, the Deciding Official should
notify the individual in writing that an interim accommodation is being provided on atemporary basis pending a decision on the accommodation request. Deciding Officials
who approve an interim accommodation are responsible for ensuring that they do nottake the place of a more permanent accommodation and that all necessary steps to secure
the permanent accommodation are appropriately taken.
Generally, reassignment should only be considered after the deciding official has determinedthat there are no available and effective accommodations that will enable the employee toperform the essential functions of their current position, or all other available and effective
reasonable accommodations would impose an undue hardship for the Department. This typeof reasonable accommodation must be provided to an employee who, because of a disability,
can no longer perform the essential functions of their current position, with or without
reasonable accommodation, unless the employer can show that it would be an undue
hardship. See section 16 for information on reassignment.
C. Decision Phase:In the decision phase, following consultation with the SHRO, the Deciding Official notifies
the employee or applicant in writing of the decision to provide the requested accommodation,
deny the requested accommodation or present an alternative accommodation. The decision
memorandum shall be emailed, mailed or presented to the individual within 15 businessdays of the Deciding Official’s receipt of the reasonable accommodation request or sooner. If
medical documentation is necessary, the Deciding Official will issue a written decision
within 15 business days from the date the official received or requested, the necessary
medical documentation, whichever is later. The timeframes outlined in section 12 may be
extended if the employee fails to provide necessary medical documentation in a timely
manner.
The Deciding Official is not obligated to provide the specific accommodation requested but
instead has the right to offer an alternative accommodation that is effective in removing theworkplace barrier that is impeding the individual with a disability. Employees and applicants
are entitled to effective and reasonable accommodations, but not necessarily to theaccommodation of their choice.
Deciding Officials must complete the Information Tracking and Reporting Form andsubmit it to the Bureau SHRO within 10 business days of the decision and must attach
to the form and all information received during the processing of the request.
Once approved and accepted, the accommodation should be implemented as soon as possible
but no later than 20 business days from the date of the decision (inclusive of any necessary
logistics and/or coordination). If there is a delay in processing/implementing the reasonableaccommodation, the Deciding Official, in collaboration with their SHRO, must investigate
12whether there are temporary measures such as an interim accommodation that can beprovided to assist the individual. The employee will be kept apprised of the status andreason(s) for the delay, including any extenuating circumstances that justify the delay andexpected completion date every 10 business days, throughout the decision phase of theprocess until fully implemented.
In instances that may require expedited processing of reasonable accommodation requests(e.g., to enable an applicant to apply for a job or to participate in a specific agency activity
that is scheduled to occur shortly), the Deciding Official must make every effort to complete
the process quickly.
If the individual has requested a type of reasonable accommodation that is likely to beneeded on a repeated basis (e.g., sign language interpreting), the individual should not be
required to submit a formal written request each time the accommodation is needed. Once theaccommodation is approved, the individual may obtain subsequent accommodations byverbal or written notice to the Deciding Official or other designated official.
Denials of requests for reasonable accommodation must be in writing and explain thespecific reasons the request was denied (e.g., why the medical documentation is inadequate
to establish that the individual has a disability or needs an accommodation; why therequested accommodation would not be effective; why the accommodation would pose anundue hardship or endangers the health and safety of the individual or others). Prior toissuing a decision to deny an accommodation, the Deciding Official must consult with the
SHRO and/or ELLU. Where a Deciding Official has denied a specific requested reasonableaccommodation but offered to make a different accommodation in its place, the Deciding
Official should explain both the reasons for the denial of the requested accommodation andthe reasons they believe that the chosen accommodation will be effective. Denials must
include information about the individual’s right to file an EEO complaint as well as the rightto file an appeal against an appealable adverse action with the Merit Systems Protection
Board (MSPB) over which MSPB has jurisdiction and/or the right to file a negotiatedgrievance, as applicable and appropriate. An individual who chooses to pursue statutory orcollective bargaining remedies for denial of reasonable accommodation must:•••

For an EEO complaint: Initiate contact with an EEO counselor pursuant to 29 CFR. §1614.106 within 45 calendar days from receipt of the denial notification, regardless ofwhether the applicant or employee participates in an informal dispute resolution process.
For a collective bargaining claim: File a written grievance in accordance with theprovisions of the applicable Collective Bargaining Agreement.
For an appeal over which the MSPB has jurisdiction: Initiate an appeal to the MSPB
within 30 calendar days of the appealable action as defined in 5 CFR § 1201.3.

For prompt reconsideration of denied requests for reasonable accommodation, individuals areencouraged to use the informal dispute resolution processes outlined in D and E below.
D. Reconsideration Phase:In the reconsideration phase, the employee or applicant who disagrees with the decision todeny the requested accommodation or who disagrees that an alternative accommodation iseffective, may submit a written request for reconsideration of the Deciding Official’s
13decision within 20 business days from receipt of the written denial notification or fromreceipt of the offer of an alternative accommodation. Requests for reconsideration must
include the reason for the request for reconsideration and any new information and/or
documents in support of the request, along with the specific form of reasonableaccommodation requested.
The Deciding Official’s written response to the request for reconsideration shall be provided
no more than 10 business days from receipt of the request or receipt of additional
information. Failure to provide additional documentation at the time of the request could
impact the reconsideration decision and outcome. Invoking the reconsideration process does
not toll or extend the mandatory time limits for initiating an EEO complaint, an MSPB
appeal, or other grievance procedures.
E. Appeal Phase:
If reconsideration does not result in a reversal of the initial decision, the employee orapplicant may appeal the decision in writing to the next level of management within 10
business days from the date of the reconsideration decision. The employee or applicant
must provide all previously submitted documents and decision memorandum. Appeal
requests must include the reason for the appeal request and any new information and/or
documents in support of the request, along with the specific form of reasonableaccommodation requested. The employee or applicant may provide additional informationin support of the appeal.
The written decision on the appeal shall be provided no more than 10 business days
from receipt of the appeal or receipt of additional information. There is no higher levelof appeal of this phase provided for in these procedures. Invoking the reconsideration orappeal process does not toll or extend the mandatory time limits for initiating an EEO
complaint, MSPB appeal, or other grievance procedures.
9. Special Considerations for Medical Documents. Medical documents must be protected as
required by the Rehabilitation Act and the Privacy Act. It is expected that the Deciding Official,
SHRO, and ELLU will have access to medical documents necessary to consider the reasonableaccommodation request. At the request of the Deciding Official, other individuals, such as the
DOI Medical Officer, may be granted access to medical information if those individuals needaccess to the information to provide guidance or consultative services to the Deciding Official.
Where medical information is disclosed, those individuals to whom the information was
released shall be informed that the information is confidential and covered by various federal
laws and executive orders.
While medical documents, when necessary, are expected to be part of the process, once
received, they must be separated from other documents, placed in a sealed envelope
marked " Rehabilitation Act/Privacy Act documents," and maintained in a secure storage
separate from the official personnel files maintained by the agency.
All requests for, and provision of, reasonable accommodations and associated documents are
confidential and must be appropriately protected from disclosure in accordance with applicablelaws and regulations. Individuals who have access to information necessary to make a decisions
14

about whether to grant a requested accommodation may not disclose this information except asfollows:•••••

Supervisors and managers who need to know may be told about necessary
restrictions on the work or duties of the employee and about the necessary
accommodation(s);First aid and safety personnel may be told if the disability might require emergency
treatment;
Government officials may be given information necessary to investigation theagency’s compliance with the Rehabilitation Act;The information may in certain circumstances be disclosed to workers’ compensation
offices or insurance carriers; andAgency EEO Officials may be given the information to maintain records andevaluate and report on the agency’s performance in processing reasonableaccommodation requests.

Where medical information is disclosed to any of the foregoing officials, the agency must
inform those individuals about the confidentiality requirements associated with theinformation.
10. Alternative Dispute Resolution. In addition to the SHRO and DPM, resources such as
CADR are available to help ensure productive communication. Alternative Dispute
Resolution (ADR) may be utilized throughout the reasonable accommodation process, toinclude the reconsideration and appeal phases. In the event an employee opts for ADR, thetimeframes specified in Table 1 are suspended until the ADR process has concluded.
11. Decision-Making Authority. Once an accommodation has been granted by theDeciding Official, that decision is considered to be made on behalf of the agency. If, in the
future, there is a change in the accommodated individual’s chain of command, theaccommodation will generally remain in place. A new supervisor in the accommodated
individual’s chain of command cannot request that the individual resubmit their request foraccommodation for approval.
Supervisors should periodically assess the effectiveness of the provided accommodation.
Deciding Officials should encourage employees to notify them if an accommodation is nolonger effective (e.g., changes in the employee’s limitations, changes to the essential duties,
workplace equipment, etc.). If an accommodation is no longer effective, the employee andDeciding Official should promptly reengage in the interactive process Such notice by therequestor retriggers the timeframes and obligations outlined in this policy and maynecessitate additional documentation.
12. Time Limits. Every effort must be made to ensure that the time limits outlined in thispolicy (See Table 1) are strictly adhered to. Any deviation from these time limits must be
justifiable, clearly explained, and noted. Moreover, the Deciding Official must notify theindividual of the reason for the delay, including any extenuating circumstances that justify
the delay.

15

Table 1 – Time Limits

ActionAcknowledging receipt of a verbal or written
request for accommodation

Due Date*
5 business days from receipt of the request by
the Deciding Official

Forwarding reasonable accommodation
requests to the Deciding Official and the
SHRO if received by another agency official

5 business days from receipt of the request

Engaging in the Interactive Process

5 business days from receipt of the request

Decision memo provided to requestor whenno medical documents are required

15 business days from receipt of request by
Deciding Official

Decision memo provided to requestor when
medical documents are required

15 business days from date sufficient medical
documentation is received

Information Tracking and Reporting form
provided from the Deciding Official to theSHRO

10 business days from the decision

Implementation of approved accommodation

20 business days from decision

Notification of delayed implementation of an
approved accommodation

Every 10 business days until fully implemented

Individual request for reconsideration ofdecision

20 business days from receipt of written denial
notification

Decision on a request for reconsideration

10 business days from receipt of the request

Individual appeal of decision on requested
reconsideration

10 business days from reconsideration decisionnotification

Decision on an appeal of a reconsideration
decision

10 business days from receipt of request*In the event an employee elects to use ADR, the timeframes for responding to a request foraccommodation, processing a request for reconsideration of reasonable accommodation decision,and processing reasonable accommodation appeals are suspended until the ADR process has
concluded.
The timeframe outlined above excludes the time spent waiting for necessary medical informationfrom the requestor’s health care provider. Medical documentation should generally be provided
within 15 calendar days, unless an extension is requested and granted. Medical documentation notreceived in a timely manner may result in a decision based upon existing information.

16

Notwithstanding the timeframes prescribed by these procedures, some accommodations canbe provided in less time. In instances where reasonable accommodations can be provided inless time than prescribed in these procedures, Bureaus shall make every effort to do so.
Failure to provide an accommodation in a prompt manner may result in a violation of theRehabilitation Act.
13. Types of Reasonable Accommodation. Reasonable accommodations must be effective andreasonable based on the individualized needs of the requestor. The Deciding Official should
consider a broad range of options to appropriately accommodate the requestor. Employees andapplicants are entitled to effective and reasonable accommodations, but not necessarily to theaccommodation of their choice. Accommodations shall not include changing the essentialfunctions of a job. Accommodations shall not expose an employee, co-worker or the public to an
undue risk of harm and in some cases, may require a direct threat analysis if the employee isserving in an arduous or hazardous position (see section 15).
The need for accommodation can be reduced if Bureaus implement practices that reduce barriers
to effective workplace practices and job design. Bureaus should consider establishing a central
pool of readers and interpreters and implementing funding mechanisms that will avoid charging
individual offices for the cost of accommodations. Bureaus are expected to limit impedimentsthat may cause unnecessary delay in providing reasonable accommodation, by reviewing andmodifying, in advance of a specific request, policies that might affect the Bureau’s ability torespond promptly to requests for reasonable accommodation (e.g., purchasing or leasing
equipment; hiring of, or contracting for, readers, interpreters, or other assistants; flexibility toapprove leave or to restructure work schedules).
Expense may be a factor when considering the reasonableness of a requested accommodation.
For example, if both a special piece of hardware and a specialized software program can provide
a reasonable and effective accommodation, the less expensive alternative will normally beprovided.
Examples of reasonable accommodation include, but are not limited to:
•
•
•
•
•
•
•
•

Making existing facilities readily accessible to and usable by a person with a disability
Job restructuring (does not include changing the essential duties of the position),including part-time or modified work schedules
Acquisition or modification of equipment or devices
Appropriate adjustment or modification of examinations (does not include changing
examination questions)
Provision of readers and interpreters
Telework (and other work schedule flexibilities)
Accommodations for meetings, conferences, training and seminars (e.g., interpreters,
specific seating arrangements, tables that accommodate wheelchairs)
Reassignment (as a last resort)

Examples of accommodation requests that would not be considered reasonable include, but are
not limited to:• Eliminating essential job functions (i.e., fundamental duties of the position)17

• Lowering standards (qualitative or quantitative) that are applied uniformly to employeeswith and without disabilities (though a reasonable accommodation may be provided toenable an employee with a disability to meet the standard)• Creating a new job or position• Allowing or ignoring inappropriate conduct• Providing personal use items such as prosthetic limbs, wheelchairs, prescription
eyeglasses, personal hearing aids, or similar devices, which are needed to accomplish
daily activities both on and off the job
14. Undue Hardship Determinations. An undue hardship occurs if the requested
accommodation causes significant difficulty or expense for the Department. If a particular
accommodation causes undue hardship, DOI does not have to provide it. Determination ofundue hardship is always made on a case-by-case basis. This determination will include
consideration of such factors as: 1) nature and cost of the accommodation; 2) overall size ofthe program with respect to the number of employees, number and type of facilities, and sizeof budget; and 3) the type of operation, including composition and structure of theworkforce.
When considering whether an accommodation presents an undue hardship, the hardshipmust exist for the Department—not, just the Bureau. If the Deciding Official believes
an undue hardship exists, they shall contact the SHRO who, in turn, shall coordinate with
the Department’s Reasonable Accommodation Program Manager, who is responsible forcoordinating requests for undue hardship at the Department level.
The Bureau shall submit a justification in writing outlining the undue hardship through the
Department’s Reasonable Accommodation Program Manager to a deciding committee that
includes the DAS-HCD/CHCO; the Director, ODICR; and the Director, Financial
Management who will determine if the undue hardship exists at the Department level. A
representative from ELLU shall advise the committee and review the decision prior to thecommittee issuing a final determination.
15. Direct Threat. A direct threat analysis must be conducted by the Deciding Official
whenever there is a reasonable belief, based on objective evidence that an employee’s (orapplicant’s) medical condition results in a risk of substantial harm to the employee, their coworkers or to the public. Deciding Officials performing a direct threat analysis must consult with
ELLU and the DOI Medical Officer through the SHRO.
Objective evidence is reliable information, either directly observed or provided by a third party,
such as a physician, that an employee may have or has a medical condition that will result in a
direct threat. Direct threat determinations must be based on an individualized assessment of theindividual’s present ability to safely perform the essential functions of the job, considering areasonable medical judgment relying on the most current medical knowledge and/or best
available objective evidence. It should not be based on subjective perceptions, irrational fears,
stereotypical or patronizing assumptions and must consider potential reasonableaccommodations. Generalized fears about risks from the employment environment such as
exacerbation of the disability caused by stress, cannot be used to disqualify an individual with adisability.
If there is reasonable belief that an employee’s medical condition or a reasonable18

accommodation exposes the employee or others to significant risk of harm, the following criteria
shall be included and documented in the analysis: 1) the duration of the risk, 2) the nature andseverity of the potential harm, 3) the likelihood that the potential harm will occur, and 4) the
imminence of the potential harm. It is highly recommended that Bureau/Office Safety and Healthprofessionals be included in these deliberations.
Relevant evidence may include input from the individual with a disability, the experience of theindividual with a disability in previous similar positions, and opinions of medical doctors,
rehabilitation counselors, or physical therapists who have expertise in the disability involved
and/or direct knowledge of the individual with the disability.
If performing the particular functions of a job results in a significant risk of substantial harm to
the individual or to others, the employee shall not continue to perform their duties unless areasonable accommodation that would not cause an undue hardship can decrease the risk of harm
to an acceptable level.
A direct threat analysis may be necessary for positions that are covered under U.S. Office of
Personnel Management approved medical standards, including, but not limited to, law
enforcement officers, firefighters, inspectors, divers, tower climbers, and large vessel
crewmembers. Other positions where a direct threat analysis may be necessary include positions
that have significant physical requirements. Examples of such positions include, but are notlimited to, those that require working in remote areas (with limited access to medical care),hiking, driving vehicles and equipment, long and/or unpredictable duty hours, and/or exposure to
extreme environmental conditions. This latter category of positions includes, but is not limited
to, those that require outdoor work, which includes positions such as field biologists, trail
maintenance workers, interpretive rangers, and hydrologic technicians.
If an individual poses a direct threat as a result of a disability, the Deciding Official must
determine whether a reasonable accommodation would either eliminate the risk or reduce
the risk to an acceptable level. If no accommodation exists that would either eliminate or
reduce the risk to an acceptable level, the Deciding Official may refuse to hire an applicant
or may seek reassignment as a last resort accommodation for an employee whose disability
poses a direct threat. A Deciding Official, however, is not permitted to deny an employment
opportunity to an individual with a disability merely because of a slightly increased risk.
The risk can only be considered when it poses a significant risk, i.e., high probability of
substantial harm - a speculative or remote risk is insufficient to determine a direct threat.
16. Reassignment as a Last Resort. In certain situations, qualified employees with disabilities
may be eligible for job reassignment (reassignment) as a last resort form of accommodation.
Reassignments should only be considered after it has been determined that:•••

There are no available and effective accommodations that will enable the employee toperform the essential functions of their current position, or
All other available and effective reasonable accommodations would impose an undue
hardship for the Department.
Reassignment may also be a reasonable accommodation when both the employer andemployee agree that this is more appropriate than accommodation in the present job.

19

Reassignment must be considered even if not specifically requested. Reassignment to anavailable, vacant, funded position must be provided, absent an undue hardship, to an employee
who, because of a disability, can no longer perform the essential functions of the position held,with or without a reasonable accommodation. Reassignment is not available to job applicants –only to current employees.
Before considering reassignment, the Deciding Official and Bureau must first consider thosereasonable (e.g., feasible and effective) accommodations that would enable an employee toremain in their current position. An individual with a disability is not required to accept, and DOI
is not required to offer, a reassignment if there is an effective accommodation that would allow
the individual to remain in their current job without causing an undue hardship.
Reassignment may be made only to an available, vacant, funded position for which the employee
is qualified. This may include both equivalent positions (i.e., same grade with no further
promotion potential) and non-equivalent positions (i.e., lower graded position with promotion
potential no higher than full performance level (FPL) of employee’s current position) based on
the employee’s stated preferences. The term “vacant, funded position” includes positions that are
actually vacant, as well as positions that Bureau management or the SHRO reasonably anticipate
will become vacant and funded in a reasonable period of time—generally, no more than 30
calendar days.
Reassignment must be made in accordance with the DOI Merit Promotion Plan and 5 CFR §335. Reassignment must not require competitive procedures, (i.e., must not be made to a position
with a higher FPL than previously held on a permanent basis in the competitive service).
Prior to initiating any reassignment searches, the SHRO shall review the employee’s current PD
and obtain an updated resume from the employee (including relevant education). The SHRO will
also provide the employee with the Employee Questionnaire for Reassignment (“Questionnaire”)
to complete. Employees are encouraged to complete and return the Questionnaire to the SHRO
within 7 business days of receipt. The questionnaire identifies relevant information that the
SHRO shall use to facilitate acceptable searches for available, vacant, funded position(s) basedon the employee’s stated preferences. The Checklist - HR Search for Vacant Position(s)(“Checklist”) documents the SHRO searches and must be completed by the SHRO to ensure allappropriate actions have been completed and are properly documented.
A. Conducting an Initial Search: The initial 30 calendar day search, conducted by the
SHRO, should focus first on equivalent positions, and then, depending on the parameters
outlined on the Questionnaire, any non-equivalent positions within the employee’s
current Bureau. Following the initial search period, the SHRO will review all positions
identified during the search. The order of consideration is first the most comparable
position to that of the employee’s current position (i.e., first, an equivalent position in theemployee’s current geographic area if available; if not, next would be an equivalent
position(s) outside the employee’s current geographic area if available; if not, and if
acceptable to the employee any nonequivalent position within or outside of the current
geographic area). If more than one position is identified, the SHRO shall confer with theemployee regarding their preference.
B. Conducting an Expanded Search: Only if the initial search yields no position(s), should
an expanded search be conducted outside of the employee’s current Bureau. The
20

expanded 30 calendar day search should focus first on equivalent positions outside ofthe employee’s current Bureau, and then, depending on the parameters outlined on the
Questionnaire, any non-equivalent positions outside of the employee’s current Bureau.
Following the expanded search period, the SHRO will review all positions identified
during the search. The order of consideration is first the most comparable position to thatof the employee’s current position (i.e., first, an equivalent position in the employee’s
current geographic area if available; if not, next would be an equivalent position(s)outside the employee’s current geographic area if available; if not, and if acceptable tothe employee any nonequivalent position within or outside of the current geographicarea). If a position is identified, the gaining SHRO and the employee’s current SHRO
should work together to determine qualifications. If more than one position is identified,the SHRO shall confer with the employee regarding their preference.
Employees are not required to compete for a position identified as part of any reassignment
efforts, except in the case of a promotion; however, the employee must be qualified for and able
to perform, either with or without reasonable accommodation, the essential functions of thevacant, funded position that is available for reassignment. Any offer of placement in a vacant,funded position will be made in writing and shall address the unique circumstances of theparticular accommodation request. In addition, the offer must specify the consequences ofdeclining an offer of reassignment. The employee shall respond to an offer of reassignment
within 10 business days of receipt. Declination of an offer of reassignment will cancel any
further consideration of reassignment as a reasonable accommodation.
Reassignment must be considered as an accommodation prior to terminating or removing an
individual that cannot be accommodated. If an employee needs a reasonable accommodation to
perform an essential function or to eliminate a direct threat and refuses to accept an effective
accommodation (including reassignment), the employee may not be qualified to remain in theposition and may be subject to removal or termination. DOI is considered to have fulfilled its
obligation to consider reassignment if the employee declines an offer of Reassignment OR if thesearches have concluded without identifying any potential positions.
DOI RAB: The DOI RAB may be initiated by the SHRO conducting the expanded search in thecase of Inter-Bureau conflict regarding reassignment but only after ELLU has been consulted on
the conflict. Every effort must be made to resolve placement conflicts prior to requesting a DOI
RAB referral. If a vacant, funded position is identified in another Bureau and the Bureau SHROs,
along with management, are unable to reach agreement regarding if or where the employee will
be reassigned; the vacant, funded position must be placed on hold and may not be filled until a
final determination is made by the DOI RAB.
SHRO requests for a referral to the DOI RAB must be made through the Department Reasonable
Accommodation Program Manager and must include a memorandum from each of the involved
SHROs and addressed to the Reasonable Accommodation Program Manager
outlining/providing:•••

The reason the employee’s Bureau cannot provide an effective reasonableaccommodation as well as all remedies and solutions the Bureau explored
A statement from the Bureau(s) where vacant, funded position exists and the reasons
why reassignment of the employee to that position is not appropriate or feasible
A listing of dates and milestones pertaining to the request for reasonable
21

•
•
•
•
•
•

accommodation
Documentation of the initial and, if appropriate, expanded search conducted;
A copy of the employee’s current PD
A list of the vacant, funded position(s) for which the SHRO believes the employee isqualified
The employee’s current resume, most recent SF-50 and performance evaluation
Any other pertinent information, (e.g., medical officer correspondence)
A copy of the PD of any appropriate, vacant, funded position(s) identified by theemployee’s SHROThe Department Reasonable Accommodation Program Manager will review the request
to ensure that it includes the necessary information and documentation and will submit
the request to the DOI RAB to make an appropriate recommendation. Incomplete or
insufficient requests will be returned to the Bureau SHROs. If the Bureau in which thevacant, funded position is located fails to cooperate in the preparation of appropriate
memorandum requesting referral to the RAB, that Bureau will be deemed to concurwith the statement of the employee’s Bureau.
Once all required information and documentation is received, the Deputy Chief Human
Capital Officer (DCHCO)/Director, Office of Human Capital (OHC) shall convene the
DOI RAB. The DOI RAB shall consist of the following members: the DCHCO/OHC
Director, a representative from CADR, a representative from ELLU, and a representativefrom ODICR. The DOI RAB shall convene within 10 business days of receipt of all
required information and documentation. Within 5 business days of convening, the DOI
RAB shall make a recommendation to the CHCO/DAS-HCD. The CHCO/DAS-HCD
shall make the determination as to where the employee should be reassigned, based on
the recommendation of the DOI RAB within 5 business days of receipt of the RAB’s
recommendation. The CHCO/DAS-HCD may delegate the authority to make thisdecision. The decision of the CHCO/DAS-HCD is final and binding and there is noright to reconsideration or appeal.
17. Implementation. Every attempt must be made to implement an approved reasonableaccommodation in as short of a time as possible barring any extenuating circumstances.
Extenuating circumstances are factors that could not reasonably have been anticipated or
avoided in advance of the request for accommodation. These may include, but are notlimited to, situations in which equipment is on back order, the vendor typically used by theorganization has unexpectedly gone out of business, or the accommodation requires
restructuring facilities. In such case, an interim accommodation as explained in section 8
may be considered temporarily until such time that the permanent accommodation can be
implemented.
18. Monitoring Accommodations. An important part of the reasonable accommodation
process is monitoring accommodations after they are in place. Because changes occur,
supervisors may need to periodically check the effectiveness of implemented
accommodations. For example, an accommodation may stop being effective if there arechanges in the employee’s limitations, workplace equipment, or the work itself. The mosteffective way for supervisors to monitor accommodations is to maintain interactive
communication with the employee.
2219. Recertification of Reasonable Accommodations Granted. Supervisors generally
cannot require that an individual with a permanent or long-term disability recertify the needfor an accommodation that has been granted. A request to recertify should only be made inlimited circumstances and only if there is a valid reason, e.g., if the individual’s medical
condition changes or if a change in circumstances creates a new or unexpected undue
hardship. The supervisor must consult with the SHRO prior to requesting recertification. If
an individual with a temporary limitation or disability was granted a temporary
accommodation and the communication with the individual clearly stated that theaccommodation was temporary, a request for recertification is permissible.
20. Information Tracking and Reporting. The SHRO is responsible for maintaining
records that may be used to determine compliance with the nondiscrimination andaffirmative action requirements imposed under Section 501 of the Rehabilitation Act of1973, and to make such records available to the Department and/or the Equal Employment
Opportunity Commission (EEOC), upon request, to ensure compliance with these
Procedures and the Rehabilitation Act. Individuals may contact their SHRO or Deciding
Official for the status of their accommodation request.
21. Resources. The resources outlined below are not all inclusive, but rather are some of themany resources available relative to assistive technology and accessibility. The SHRO
and/or DPM may be aware of additional resources.
a. Job Accommodation Network (JAN)
JAN is funded by a contract from the U.S. Department of Labor, Office ofDisability Employment Policy (ODEP) and serves as the leading source of
free, expert, and confidential guidance on workplace accommodations anddisability employment issues.
b. Registry of Interpreters for the Deaf, Inc. (RID)
RID provides a searchable database for interpretive and transliteration
services.
c. FCC Telecommunications Relay Services (TRS)
Allows persons who are deaf, hard of hearing, deafblind, or have speechdisabilities to communicate by telephone in a manner that is functionallyequivalent to telephone services used by persons without such disabilities.
d. RESNA Technical Assistance Project
RESNA, the Rehabilitation Engineering and Assistive Technology Society ofNorth America, can refer individuals to projects in all 50 states and the six
territories offering technical assistance on technology-related services forindividuals with disabilities.
e. EEOC Enforcement Guidance on Reasonable Accommodation andUndue Hardship under the ADA
Clarifies the rights and responsibilities of employers and individuals withdisabilities regarding reasonable accommodation and undue hardship.
f. GSA Schedule, Professional Services-Language Services
23

Translation and interpretation services include services to facilitatecommunications with and by persons who are visually or hearing impaired.
22. Labor-Management Obligations. Bureaus/Offices are reminded to fulfill their labormanagement obligations, as appropriate, in implementing the requirements set forth in this PB.
23. Inquiries. Any Department employee or employee representative seeking further
information concerning this policy may contact their SHRO. SHROs may contact the
Department’s Office of Human Capital concerning questions related to this policy.

Jennifer A. Ackerman

JENNIFER
ACKERMAN

Digitally signed by
JENNIFER ACKERMAN
Date: 2022.10.24 09:07:54-04'00'

Director, Office of Human Capital
Deputy Chief Human Capital Officer
Attachments24

DI-6513

REASONABLE ACCOMMODATIONREQUEST CONFIRMATION FORM
This form is only used to track reasonable accommodation requests.
SECTION 1.
Applicant or Employee Name: ___________________________________________________
Applicant or Employee Telephone: _______________________________________________
Applicant or Employee Email: ___________________________________________________
Today’s Date: _________________________ Date of Request: _________________________SECTION 2.
Accommodation Requested. (Be as specific as possible, e.g., adaptive equipment, reader,interpreter)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________SECTION 3.
Reason for Request.
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________
If accommodation request is time sensitive, please explain:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Applicant Requests: Must be sent to the agency contact identified in the vacancy announcement.
Employees Requests: Must be sent to your supervisor, a management official in your chain ofcommand, the Servicing Human Resources Office (SHRO), the Disability Program Manager (DPM)or any other management official.
Additional information (including medical documentation) reasonably needed to process the accommodation
request may be sought during the interactive process. No additional information should be captured on the
Request Confirmation form.

25

DI-6512

INFORMATION TRACKING AND REPORTING FORM
This form is to be completed by the Deciding Official and submitted it to the Bureau SHRO within
10 business days of the decision along with all information received during the processing of thereasonable accommodation request.
1. Name of individual requesting reasonable accommodation: ___________________________
2. Office of requesting individual: _________________________________________________
3. Date reasonable accommodation request received: __________________________________
4. Who received request: ________________________________________________________
5. Job held by employee or in the case of an applicant request, job desired in requesting reasonableaccommodation (including occupational series, grade level, and office):______________________________________________________________________________
6. Reasonable accommodation needed for: (check one)______

modifications or adjustments to a job application process that enable a qualified
applicant with a disability to be considered for a job______

modifications or adjustments to enable a qualified individual with a disability toperform the essential functions of the job or accessing the work environment______

modifications or adjustments that enable employees with disabilities to enjoy
equal benefits and privileges of employment as are enjoyed by similarly situatedemployees without disabilities

7. Reasonable accommodation requested (e.g., adaptive equipment, reader or interpreter,
modified work schedule or removal of architectural barrier):________________________________________________________________________________________________________________________________________________________
8. Was the request for reasonable accommodation(s) requested for a permanent disability or for a
temporary disability or limitation? ______________________________________________
9. Date reasonable accommodation request sent to Deciding Official: ____________________
10. Name of Deciding Official: ___________________________________________________
11. The requestor does ______ OR does not ______ have a disability as defined by the
Rehabilitation Act; OR no disability determination made ______ (check one).
12. Reasonable accommodation: (check one)______

Approved______

Approved through _____________ (ONLY for temporary disability or limitation)26

DI-6512______

Denied (attach a copy of the written denial which must explain the basis of denial)______

Offered an alternative accommodation (attach a detailed explanation)

13. Date reasonable accommodation approved or denied: ______________________________
14. Describe the reasonable accommodation provided (if different from what was requested):_____________________________________________________________________________
15. Requestor accepted ______ alternative accommodation(s) offered OR rejected some or all______ alternative accommodation(s) offered (check one). Reason(s) provided for rejection:_____________________________________________________________________________
16. Date reasonable accommodation implemented: ___________________________________
17. If time frames outlined in the Reasonable Accommodation Procedures were not met, explain
why: _______________________________________________________________________________________________________________________________________________________
18. Was medical information required to process this request? If yes, explain why. List
the documents submitted on behalf of the individual: _____________________________________________________________________________________________________________________________________________________________________________________________
19. Was a direct threat analysis included in the review of this request? If yes, who was involved andlist the documentation: ____________________________________________________________________________________________________________________________________________________________________________________________________________________
20. Sources of technical assistance, if any, consulted in trying to identify possible reasonableaccommodations (e.g., Job Accommodation Network, disability organization, Disability Program
Manager): __________________________________________________________________________________________________________________________________________________
21. Servicing Human Resources Office (SHRO): ____________________________________________________________________________________________________________________
22. Comments: ______________________________________________________________________________________________________________________________________________

27

DI-6512

Deciding Official’s Signature: ___________________________________________________
Date: ___________________________________
Phone Number: ___________________________
Email: __________________________________

28

EMPLOYEE QUESTIONNAIRE FOR REASSIGNMENTThis Employee Questionnaire for Reassignment (Questionnaire) must be returned to your Servicing
Human Resources Office (SHRO) within 7 business days of receipt and is used to document yourpreference(s) on parameters for conducting a search for vacant position(s). Your SHRO is available toprovide assistance with completing the form, if needed.
You are being considered for possible reassignment as a form of last resort accommodation as discussed
on [insert date]. The initial search will be limited to available, vacant, funded positions within the current
Bureau and those that are anticipated to become vacant within a reasonable period of time (generally nomore than 30 business days) and will seek the most comparable position available in terms of pay,
grade/career level, promotion potential, status, etc., and for which you are qualified. An expanded searchfor positions outside of the current Bureau but within the Department will not be conducted if a position
is identified in the initial search OR if you indicate you are not interested in an expanded search.
Depending on your responses indicated in this Questionnaire, positions may include equivalent andnonequivalent positions both within and outside of your current geographic area.
If you need a reasonable accommodation to perform an essential function of your position or to eliminate
a direct threat and you decline an effective accommodation (including an offer of reassignment), you may
not be qualified to remain in your position and may be subject to removal or termination. DOI is
considered to have fulfilled its obligation in this case or if the search has concluded without identifying
any potential positions.
To enable an effective search to be conducted, you must answer the following questions. Your answers tothese questions will determine the specific parameters of the search. If you answer “no” to any question,or fail to answer any question, a search for vacant, funded positions in that category will not be conducted
and you will have waived your right to consideration for such positions as a form of reasonableaccommodation. Therefore, you are strongly encouraged to complete this form in its entirety.
Please remember that you may choose to change or update your answers and/or choices after the job
search starts, however any changes or updates will not extend the job search period. To make any changes
or updates, please submit a new Questionnaire. Please note that any relocation is at your own expense.
To assist you in making informed decisions, any offer of a vacant, funded position will be made inwriting and will specify the consequences of rejecting the offer.
Employee Name: ______________________________________________________________
Initial Search
30-calendar day search period
1. Will you accept an equivalent position in your current Bureau in your current geographical area?
Yes

No

2. Will you accept an equivalent position in your current Bureau but outside of your current geographical
area?
Yes

No

3. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,
grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted
service) in your current Bureau within your current geographical area?
29

Yes

No

4. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,
grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted
service) in your current Bureau but outside of your current geographical area?
Yes

No

If you answered “Yes” to questions 3 or 4 above and you want to specify nonequivalent conditions suchas the lowest acceptable grade, no temporary appointments, etc., please specify here. Otherwise, if you
answered “Yes”, you will be considered and may be offered any nonequivalent position identified.
__________________________________________________________________________________________________________________________________________________________________
Extended Search
30-calendar day search period
An extended search is only performed if the initial search did not yield any positions within the searchparameters outlined in questions 1 - 4 above. If you decline a reassignment offer for a position located in
the initial search, an extended search will not be performed.
5. Will you accept an equivalent position outside of your current Bureau but in your current geographical
area?
Yes

No

6. Will you accept an equivalent position outside of your current Bureau and outside of your current
geographical area?
Yes

No

7. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,
grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted
service) outside of your current Bureau but in your current geographical area?
Yes

No

8. Will you accept a nonequivalent position (e.g., not equal to your current position in terms of pay,
grade level, career level, promotion potential, pay system, type of appointment (competitive/excepted
service) outside of your current Bureau and outside of your current geographical area?
If you answered “Yes” to question 7 or 8 above, please state any geographic areas to which you would notconsider relocating to accept a vacant position. Otherwise, if you answered “Yes”, you will be considered
and may be offered any nonequivalent position identified in any geographic area.
__________________________________________________________________________________________________________________________________________________________________
If you fail to respond to the questions above, the search for a vacant, funded position will be limited toand initial search for equivalent positions within the current Bureau and current geographic area.
30

My signature below acknowledges my receipt and review of the parameters for conducting a search forreassignment opportunities as part of the reasonable accommodation process.

__________________________________________
Employee Signature_________________
Date__________________________________________
Current Supervisor Signature__________________
Date_________________________________________
SHRO Signature__________________
Date

31

CHECKLIST - HR SEARCH FOR VACANT POSITION(S)Servicing Human Resources Office (SHRO) shall use this checklist to document reasonableaccommodation reassignment search efforts.
1. Employee’s Name: ____________________________________________________
2. Employee's Current Position: _____________________________________________
Bureau/Office: __________________________________________________________
Title of Position: _________________________________________________________
Pay Plan, Series: _________________________________________________________
Grade level: _____________________________________________________________
Promotion Potential: ______________________________________________________
Location (City/State): _____________________________________________________
Work Schedule: __________________________________________________________
Other Factors (if any): ____________________________________________________
3. Date(s) Interactive Discussion with Employee________________________________
Discuss employee’s qualifications for other positions. Ask employee for updated
resume/application, detailing all qualifying experience, including volunteer work, andeducation (attach copy of the resume/application if provided by employee). Employee
should list prior positions held (both government and non-government, paid andunpaid jobs).
Discuss search options with employee (document employee choices for geographic
area and non-equivalent positions); attach completed Employee Questionnaire for
Reassignment.
List other qualifying education: ______________________________________________________________________________________________________________________
List all series and grades/or career levels for which employee is qualified, and/or which
employee will consider: ______________________________________________________________________________________________________________________________
4. Initial Search (within the current Bureau)
Date initial search began: ___________________________________________________For each option, search first for open vacancy announcements; if none, contact Bureau
SHRO for pending vacancies within the employee’s current Bureau. Place a check mark in32

the appropriate blocks below for each category in which a search for vacant, funded positions
was conducted.
For each vacant, funded position found, that is deemed viable as a potential reassignment
opportunity, list the Bureau, pay plan, series, grade level, title, location, promotion potential,
and work schedule. Note the contact person in the Bureau in which the position is locatedand whether there were any limitations on the position (e.g., funding, FTE, etc.). State
whether the employee is a qualified employee with a disability (i.e., can perform the essentialfunctions of the position with or without a reasonable accommodation).
Equivalent positions in current Bureau in the current geographic area.
Position(s) found? No

Yes

If Yes, please list: ________________________________________________
Equivalent positions in current Bureau outside of the current geographic area.
Position(s) found? No

Yes

If Yes, please list: ________________________________________________
Non-equivalent positions in current Bureau inside or outside the current geographic
area.
Position(s) found? No

Yes

If Yes, please list: ________________________________________________
5. Expanded Search (Outside the Current Bureau but within the Department)
Date expanded search began: ___________________________________________________For each option, search first for open vacancy announcements; if none, contact Bureau
SHROs for pending vacancies outside of the employee’s current Bureau. Place a check markin the appropriate blocks below for each category in which a search for vacant, funded
positions was conducted.
For each vacant, funded position found, that is deemed viable as a potential reassignment
opportunity, list the Bureau, pay plan, series, grade level, title, location, promotion potential,
and work schedule. Note the contact person in the Bureau in which the position is located andwhether there were any limitations on the position (e.g., funding, FTE, etc.). State whether theemployee is a qualified employee with a disability (i.e., can perform the essential functions of
the position with or without a reasonable accommodation).
____ Equivalent positions in other Bureau(s) in the current geographic area.
Position(s) found? No

Yes33

If Yes, please list: ____________________________________________________ Equivalent positions in other Bureau(s) outside the current geographic area.
Position(s) found? No

Yes

If Yes, please list: ____________________________________________________ Non-equivalent positions within other Bureau(s) inside or outside the current
geographic area.
Position(s) found? No

Yes

If Yes, please list: ____________________________________________________ Equivalent positions in other geographic areas within other Bureaus.
Position(s) found? No

Yes

If Yes, please list: ____________________________________________________ Non-equivalent positions in other geographic areas within the employing Bureau.
Position(s) found? No

Yes

If Yes, please list: ____________________________________________________ Non-equivalent positions in other geographic areas within other Bureaus.
Position(s) found No

Yes

If Yes, please list: ________________________________________________
6. Position Offer:
Employee was offered the following position, in writing (attach copy of offer):____________________________________________________________________
Date of offer: _________________________________________________________
Date employee decision due by: __________________________________________
7. Position Acceptance/Declination:
Employee accepted the following position: _________________________________
Date of acceptance: ____________________________________________________
34

EOD date for new position: _____________________________________________
Employee declined offer: _____________________________________________
Date of declination: _______________________________________________________________________________________________
SHRO Specialist________________
Date

Date reassignment efforts closed: ___________________________________________

35