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Subject: REASONABLE ACCOMMODATION PROGRAM

Number: OP-112.1-1 Approved: 06/20/2020 Review: 08/20/2023 Certified: 

Number: OP-112.1-1 Updated: 08/18/2020 Approved: Certified: 

Responsible Office: Division of Human Resources, Office of the General Manager

1. REASON FOR ISSUE: The purpose of this operating procedure is to update the Defense 

Nuclear Facility Safety Board’s (DNFSB or Board) policy OP-112.1-1: Reasonable 

Accommodation Program operating procedure for providing reasonable accommodations to 

employees or applicants with disabilities, and Personal Assistance Services (PAS) in 

compliance with all applicable laws and regulations. This operating procedure also 

provides guidance for DNFSB supervisors and employees regarding the right and 

responsibilities of DNFSB in processing request for reasonable accommodation and PAS. 

2. SUMMARY OF CONTENTS/MAJOR CHANGES: This Operating Procedure includes 

multiple revisions based on the expanded legal requirements of the Americans with 

Disabilities Act (ADA) Amendments Act (ADAAA) of 2008, regulations from the Equal 

Employment Opportunity Commission (EEOC), 29 CFR 1630, March 25, 2011, pages 

16978-1707, the EEOC final rule which amends 29 CFR 1614.203 to clarify the affirmative 

action obligations addressed in Section 501 of the Rehabilitation Act of 1973, 

notwithstanding changes in non-discrimination. Revisions include the following: 

A. Adding procedures, roles and responsibilities, processing of reasonable 

accommodation and PAS requests.

B. Designating timelines, processes, and general procedures for PAS request. 

3. CANCELLATION. None. 

4. APPLICABILITY. This operating procedure applies to all DNFSB employees and 

applicants for DNFSB employment. 

5. EXEMPTIONS. None 
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6. REQUIREMENTS:

A. In accordance with ADAAA, the definition of disability shall be construed broadly 

and the determination of whether an individual has a disability generally should not 

require extensive analysis. 

B. All medical information obtained or received in connection with the reasonable 

accommodation process, including the existence of a disability, must be kept 

confidential and stored in files separate from the individual’s personnel file. 

7. PROCEDURES: Processing Requests for reasonable accommodation and PAS from 

employees and applicants with disabilities, reasonable accommodation process.

A. Requesting Reasonable Accommodation. A request for reasonable accommodation 

is any statement that an individual needs an adjustment or change at work or in the 

employment application process for a reason related to a medical condition. An 

individual may request accommodation whenever he or she chooses to do so. 

i. Who May Make a Request?

a. DNFSB employees; 

b. Applicants for employment with DNFSB; or 

c. A family member, health professional, or other authorized 

representative on behalf of an employee or applicant. 

ii. Submitting the Request. 

a. An employee’s reasonable accommodation request shall be made to 

DNFSB’s Disability Program Manager (DPM), his or her supervisor, 

office director, the general manager, or any member of the Division 

of Human Resources (DHR). For applicants, information about 

contacting the DPM will be included in the vacancy announcement 

and the letter of appointment. 

If an employee makes a reasonable accommodation request to 

someone other than the DPM, that individual shall forward the 

request to the DPM within two (2) business days.

b. When a third party requests accommodation on behalf of an 

applicant or employee, the DPM should, if possible, confirm with 

the employee or applicant that he or she wants the reasonable 

accommodation before proceeding. When the DPM is not able to 
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confirm the request with the employee or applicant, the DPM will 

process the third party’s request, if appropriate, and will consult 

directly with the individual needing the accommodation as soon as 

practicable. 

c. An employee needing a reasonable accommodation on a recurring 

basis, such as the assistance of a sign language interpreter, must 

submit only the initial request. However, the employee requesting 

accommodation must give appropriate advance notice each 

subsequent time the accommodation is needed. If the 

accommodation is needed on a regular basis (e.g., a weekly staff 

meeting), the DPM should ensure the employee’s supervisor makes 

the appropriate arrangements without requiring a request in advance 

of each occasion.

d. The DPM cannot refuse to process a reasonable accommodation 

request, and a reasonable accommodation may not be denied based 

on a belief that the accommodation should have been requested 

earlier (e.g., during the application process).

iii. Manner of Request. 

Initial reasonable accommodation requests may be oral or in writing. The 

individual requesting accommodation does not need to use any special 

language, terminology, or have a specific accommodation in mind.

a. Written requests should be made using the Accommodation Request 

Form located in Appendix A.

b. Oral requests must be followed-up in writing. The DPM will 

provide the requestor with the Accommodation Request Form to 

confirm the request. The DPM shall complete the form if the 

requestor does not. Failure to complete the request form will not 

delay processing the reasonable accommodation request. (Note: 

The written follow-up request enables DNFSB to maintain accurate 

records regarding reasonable accommodation requests.)

iv. Supervisory Recognition of Reasonable Accommodation Requests. Please 

see the examples below that reflect the proper identification of a reasonable 

accommodation requests by a supervisor: 
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Example A: An employee tells her supervisor, “I’m having trouble getting 

to work at my scheduled starting time because of medical treatments I'm 

undergoing.” This is a request for a reasonable accommodation.

Example B: An employee tells his supervisor, “I need six weeks off to get 

treatment for a back problem.” This request for leave is a request for a 

reasonable accommodation. 

Example C: A new employee, who uses a wheelchair, informs the employer 

that her wheelchair cannot fit under the desk in her office. This is a request 

for reasonable accommodation. 

Example D: An employee tells his supervisor that he would like a new chair 

because his present one is uncomfortable. Although this is a request for a 

change at work, his statement is insufficient to put the employer on notice 

that he is requesting reasonable accommodation. He does not link his need 

for the new chair with a medical condition.

While an individual with a disability may request a change due to a medical 

condition, this request does not necessarily mean that the employer is 

required to provide the change. A request for reasonable accommodation is 

the first step in an informal, interactive process between the individual and 

the employer. In some instances, before addressing the merits of the 

accommodation request, the employer needs to determine if the individual’s

medical condition meets the ADA definition of “disability,” a prerequisite 

for the individual to be entitled to a reasonable accommodation. 

v. Role of DPM.

Once an employee or applicant for employment makes a reasonable 

accommodation request, the DPM is responsible for processing the request. 

The DPM will contact the employee or applicant within five business days 

after the oral or written request is made (even if the request is initially made 

to someone else) to begin the interactive process.
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vi. Interactive Process. 

a. The DPM begins the interactive process by discussing with the 

employee or applicant what, if any, accommodation should be 

provided. At a minimum, the discussion will include the following 

topics:

• The accommodation process and time frames for determining 

whether an accommodation will be provided; 

• The nature and extent of the individual’s impairment; 

• How a disability is prompting the need for accommodation; and 

• The potential accommodations that may be effective in meeting 

the employee or applicant’s needs. (See Appendix B for 

suggested resources for identifying accommodations.) 

The employer’s current supervisor, office director, and the chief 

information officer, who may have information relevant to providing 

assistance in considering and implementing different types of 

accommodations, should also be included in the interactive process 

where appropriate. Confidential medical information may only be 

disclosed to those individuals when (a) they properly store such 

information in separate files, in paper format, apart from employee’s 

personnel file; (b) need to know this information; and (c) re-disclose 

this information only to others who have a "need to know" about 

necessary restrictions on the work or duties of the employee and 

about the necessary accommodation. 

b. In some instances, the DPM may need to gather additional 

information to determine if the individual making the request is a 

qualified individual with a disability. In making such a 

determination, the DPM may consult with the Office of General 

Counsel (OGC). 

c. An in-depth discussion may not be necessary if an effective 

accommodation is obvious, if the disability is obvious (e.g., the 

requestor is blind or has paraplegia), or if the disability is already 

known to DNFSB (e.g., the requestor previously asked for an

accommodation and information submitted at that time showed a 

disability existed and that there would likely be no change in the 

individual’s medical condition). 
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B. Requests for Medical Information. 

i. If a requestor’s disability and/or need for accommodation is not obvious or 

already known, the DPM shall request and receive medical information 

showing the requestor has a disability that requires accommodation. 

ii. It is the responsibility of the requestor to provide appropriate medical 

information requested by the DPM. Under the Rehabilitation Act, the DPM 

may not request documentation where: (a) the disability and the need for 

accommodation is obvious or (b) where the individual has already provided 

the agency with sufficient information to document the existence of the 

disability and/or functional limitations. 

 

iii. Medical documentation is sufficient if it: (1) describes the nature, severity, 

and duration of the individual’s physical or mental impairment; the activity 

or activities the impairment limits; the extent to which the impairment limits 

the individual’s ability to perform the activity or activities; and/or (2) 

substantiates why the requested reasonable accommodation is needed. 

iv. The DPM may require that all medical information be reviewed by a doctor 

of DNFSB’s choosing, at DNFSB’s expense. 

v. If the initial information provided by the requestor or health care provider(s) 

is insufficient to enable the DPM to determine whether the requestor has a 

disability and/or that an accommodation is needed, the DPM will explain to 

the requestor what additional information is needed. The requestor should 

then ask his or her health care provider(s) to provide the missing 

information. The DPM may also give the requestor a list of questions for 

the health care provider(s) to answer. 

 

vi. After providing a reasonable period of time to submit missing information 

or supplement inadequate medical documentation, the DPM may deny a 

reasonable accommodation request. The DPM should consult OGC prior to 

denying a reasonable accommodation request to ensure that DNFSB’s 

decision is in conformance with the Rehabilitation Act. 

vii. A supervisor or office director who believes an employee may no longer 

require a reasonable accommodation should contact the DPM. The DPM 

will decide if there is a reason to contact the employee to discuss whether he 

or she has a continuing need for reasonable accommodation. 
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C. Confidentiality. The DPM may share certain information with an employee’s 

supervisor or other DNFSB official(s) as necessary to make appropriate 

determinations on a reasonable accommodation request. Under these circumstances, 

the DPM will inform the supervisors/officials about the confidentiality 

requirements. The information disclosed by the DPM will be no more than is 

necessary to process the request. Additionally, other disclosures of information are 

permitted as follows: 

i. Supervisors and managers are entitled to information necessary to 

implement necessary restrictions on the work or duties of the employee or to 

provide necessary accommodation(s); 

ii. First aid and safety personnel may be informed, when appropriate, if the 

disability might require emergency treatment or assistance in evacuation; 

iii. Government officials may be given information necessary to investigate 

DNFSB’s compliance with the Rehabilitation Act; 

iv. Workers’ compensation offices or insurance carriers may, in certain 

circumstances, be given access to the information; 

v. DNFSB equal employment opportunity (EEO) officials may be given the 

information to maintain records and evaluate and report on DNFSB’s 

performance in processing reasonable accommodation requests; and 

vi. Health care providers may be given medical records and reasonable 

accommodation requests to assist DNFSB in processing such requests. 

D. Time Frame for Processing Requests and Providing Reasonable Accommodation. 

i. General Rule.

a. The time frame for processing a request (including providing 

accommodation, if approved) is as soon as possible but no later than 

30 business days from the date the request is made. This 30-day 

period includes the five-day time frame in which the DPM must 

contact the requestor after a request for reasonable accommodation 

is made. 

 

NOTE: The time frame begins when an oral or written request for 

reasonable accommodation is made, and not necessarily 

when it is received by the DPM. 
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b. If the DPM must request medical information or documentation 

from a requestor’s doctor, the time frame will stop on the day the 

DPM makes a request to the individual to obtain medical 

information or sends out a request for information/documentation, 

and will resume on the day that the information/documentation is 

received by the DPM. 

c. DNFSB will process requests and, where appropriate, provide 

accommodations in as short a period of time as is reasonably 

possible. Where a particular reasonable accommodation can be 

provided in less than 30 days, DNFSB will make every effort to do 

so. Unnecessary delays can result in a violation of the Rehabilitation 

Act. In determining whether there has been an unnecessary delay in 

responding to a request for reasonable accommodation, relevant 

factors would include: (1) the reason(s) for the delay; (2) the length 

of the delay; (3) how much the individual with a disability and 

DNFSB each contributed to the delay; (4) what DNFSB was doing 

during the delay; and (5) whether the required accommodation was 

simple or complex to provide.

ii. Expedited Processing of a Request. In certain circumstances, a reasonable 

accommodation request requires an expedited review and decision. This 

includes where a reasonable accommodation is needed:

a. To enable an applicant to apply for a job. Depending on the 

timetable for receiving applications, conducting interviews, taking 

tests, and making hiring decisions, there may be a need to expedite a 

reasonable accommodation request to ensure that an applicant with a 

disability has an equal opportunity to apply for a job.

b. To enable an employee to attend a specific DNFSB activity that is 

scheduled to occur shortly. For example, an employee may need a 

sign language interpreter for a meeting scheduled to take place in 

five days. 

iii. Extending Time Frame in Extenuating Circumstances.

a. When extenuating circumstances are present, the time for processing 

a reasonable accommodation request and providing the 

accommodation will be extended as reasonably necessary. 
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b. Extensions will be limited to circumstances where they are necessary 

and only for as long as required to resolve the extenuating 

circumstance. In such situations, DNFSB will notify the affected 

individual of the reason for the delay, as well as the expected date of 

completion. In the interim, DNFSB will investigate whether 

temporary measures exist that could assist the individual with a 

disability.

c. Absent extenuating circumstances, the amount of time to provide the 

accommodation or deny the request will generally be 30 business 

days. 

d. An extenuating circumstance would be when all facts known to 

DNFSB make it reasonably likely that the individual will be entitled 

to an accommodation, but the accommodation cannot be provided 

immediately due to unforeseen or unavoidable events. For example, 

a certain software is not compatible or usable with government 

equipment. In those instances, DNFSB will provide the individual 

with an interim accommodation that allows the individual to perform 

some or all of the essential elements of the job absent undue 

hardship.

F. Resolution of the Reasonable Accommodation Request. 

i. All decisions regarding a reasonable accommodation request will be 

communicated to the employee or applicant in writing. 

ii. If the DPM grants the specific accommodation requested, the DPM will 

notify the requestor in writing that the accommodation has been approved 

(see Approval of Reasonable Accommodation form in Appendix A) and 

discuss implementation of the accommodation. The approval form must be 

completed even if DNFSB is granting the request without determining 

whether the requestor has a disability and regardless of what type of change 

or modification is approved.

iii. The DPM will ensure the accommodation is properly implemented. 

iv. If the request is approved but the accommodation cannot be provided 

immediately, the DPM will inform the individual in writing of the projected 

time frame for providing the accommodation. 

v. The DPM should consult with OGC for legal guidance on a decision to deny 

a request for accommodation. In addition, the DPM shall: 
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a. Explain, in writing, the reason(s) for the denial of the specific 

reasonable accommodation requested (e.g., the accommodation 

poses an undue hardship, is ineffective, or is not required by the 

Rehabilitation Act) on the date DNFSB denied the request. 

b. Explore with the individual whether another accommodation would 

be possible. The fact that one accommodation proves ineffective or 

would cause undue hardship does not necessarily mean this would 

be true of another accommodation. 

c. When offering an accommodation other than the one requested, but 

the alternative accommodation is not accepted, record the 

individual’s rejection of the alternative accommodation for the 

record. 

A decision to provide an accommodation other than the one 

specifically requested will be considered a decision to deny an 

accommodation. 

d. Explain, in writing, the reason(s) for denying the original request 

and why DNFSB believes an alternate accommodation will be 

equally effective, as well as the right to file an EEO complaint and 

notify the individual that he or she has the right to file an EEO 

complaint within 45 days of the denial (Section I below) and/or 

invoke DNFSB’s informal dispute resolution process (Section G 

below) and/or other statutory processes. 

vi. Reassignment.

a. Reassignment will be considered as an accommodation only if no 

other accommodations are available to enable the individual to 

perform the essential functions of his or her current job, or if the 

only effective accommodation would cause undue hardship to 

DNFSB.

b. Reassignment is available only to current DNFSB employees, not to 

applicants. 

c. DNFSB may only make reassignments to vacant positions. DNFSB 

need not create a new vacancy in order to facilitate reassignment of 

an employee. Reassignment does not require the individual to 

reapply for that particular position. 
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d. In considering whether positions are available for reassignment, the 

DPM will work with the director of human resources (DHR) and the 

affected employee to identify: (1) the limits on the search the 

employee would like DNFSB to conduct; (2) vacant positions within 

DNFSB for which the employee may be qualified, with or without 

reasonable accommodation; and (3) positions which the DHR has 

reason to believe will become vacant within 60 days from the date 

the search is initiated and for which the employee may be qualified. 

e. Reassignment may be made to a vacant position outside of the 

employee’s commuting area if the employee is willing to relocate. 

DNFSB will not pay for the employee’s relocation costs. 

G. Informal Dispute Resolution. 

i. An individual who is denied a reasonable accommodation may ask the DHR 

to reconsider that decision. An individual must request reconsideration in 

writing within 10 business days of receiving the resolution form. 

 

ii. The DHR will provide a written response to the request for reconsideration 

within five business days of receiving the request. 

iii. A request for reconsideration is voluntary and will not extend the time limits 

for filing an EEO complaint or for initiating other administrative or statutory 

claims. 

H. Information Tracking and Reporting. 

i. In order for DNFSB to ensure compliance with the Rehabilitation Act and 

this operating procedure, the DPM will prepare quarterly reports on 

reasonable accommodation activity. The report is to be submitted to the 

DHR and general manager by the last day of the calendar quarter (e.g., 

March 31, June 30, September 30, and December 31). 

ii. The DPM shall also provide an annual report of DNFSB’s reasonable 

accommodation activity to the general manager within 30 calendar days of 

the end of the fiscal year for which the report is made. 

I. The reports will track the following for each Rehabilitation Act request: (1) the 

specific Rehabilitation Act request; (2) the job sought by requesting applicant or 

held by requesting employee; (3) whether the accommodation was needed to apply 

for a job or enjoy the benefits of employment; (4) whether the request was granted 

or denied; and (5) the identification of the deciding official. 
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J. Relation of Reasonable Accommodation Procedures to Statutory Claims. 

i. An individual who chooses to pursue statutory remedies for denial of

reasonable accommodation must:

a. For an EEO complaint: Contact a DNFSB EEO counselor within 45 

calendar days from the date of receipt of the written resolution notice 

or a verbal response to the request (whichever comes first). An 

individual who alleges that DNFSB has unreasonably delayed 

making a decision on a request for reasonable accommodation may 

contact an EEO counselor prior to receiving a written or verbal 

notification of a decision from DNFSB.

b. For actions over which the Merit Systems Protection Board (MSPB)

has jurisdiction: Initiate an appeal to MSPB within 30 calendar days 

of the appealable adverse action as defined in 5 Code of Federal 

Regulations (CFR) § 1201.3. 

ii. This operating procedure creates no new enforceable rights under Section 

501 of the Rehabilitation Act or any other law. 

K. Processing Assistance Services

Under Section 501 of the Rehabilitation Act of 1973, DNFSB is required to provide 

Personal Assistant Service (PAS) as a form of affirmative action. PAS provides 

employees with targeted disabilities assistance with performing activities of daily 

living that an individual would typically perform if they did not have a disability, 

and that is not otherwise required as a reasonable accommodation, including, for 

example, assistance with removing and putting on clothing, eating, and using the 

restroom. PAS must be performed by a personal assistance service provider. Also, 

PAS must be provided to employees who need them when they telework under 

DNFSB’s telework policy or telework as a reasonable accommodation.

Processing Assistance Services also must be provided when needed because of jobrelated travel. An employee receiving PAS in the office or while teleworking must 

still request PAS for job-related travel. DNFSB will not necessarily know that PAS 

is required for travel simply because an employee regularly receives PAS while at 

the worksite or while teleworking. It is also possible that an employee may require 

different PAS for travel than usually required. Since PAS for job-related travel are 

also considered a form of reasonable accommodation, requests for these services 

will be handled as requests for reasonable accommodation. 
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Employees do not need to determine if they need a reasonable accommodation or 

PAS. Employees should simply contact the DPM and explain what they need. The 

DPM will determine whether the request is for reasonable accommodation or PAS 

and proceed accordingly.

i. DNFSB must provide PAS if:

 

a. An employee requires them because of a “targeted disability.” A list 

of targeted disabilities can be found at:

https://www.opm.gov/Forms/pdf_fill/sf256.pdf .

b. Provision of these services would, together with any reasonable

accommodations, enable an employee to perform the essential 

functions of a position the individual holds or desires;

c. Provision of such services would not impose an undue hardship on 

DNFSB.

ii. DNFSB may only deny a request for PAS:

If the difficulty of providing the service would be an undue hardship. The 

process of determining whether providing PAS is an undue hardship is the 

same process DNFSB uses to determine whether a reasonable 

accommodation poses an undue hardship. For this and other reasons (e.g., 

confidentiality, timeliness of responses), requests for PAS will be centrally 

recorded in DNFSB’s system of records for reasonable accommodation. It is 

important to note that under Section 501 of The Rehabilitation Act of 1973, 

DNFSB is prohibited from taking adverse actions against job applicants or 

employees based on the need, or perceived need, for PAS.

iii. The following items are unique to PAS:

a. Services that will not include medical services such as medication 

delivery, wound care, or any other medical service by an assigned 

contractor are non-medical.

b. DNFSB will work with employees needing PAS to ensure that 

primary consideration is given to the employee's preferences for 

assigned contractors.
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c. Employees may request to bring their own PAS provider into the 

workplace. In such situations, the employee should work with the 

DPM to ensure that all security requirements are met to allow the 

preferred PAS provider to accompany the employee into the 

workplace.

iv. If PAS is not available, the supervisor must consult with the DPM and the 

employee to determine if other options are available to provide the necessary 

support.

8. RESPONSIBILITIES. Roles and responsibilities regarding reasonable accommodation 

and personal assistance services.

A. General Manager. Designates an employee of DHR as the DPM. 

B. Disability Program Manager. 

i. Processes and resolves employee and applicant requests for reasonable 

accommodation and PAS;

ii. Informs an employee’s supervisor or, as appropriate, office director, before 

providing reasonable accommodation or PAS involving performance of the 

job; 

iii. Oversees information tracking and managing all records related to 

reasonable accommodation and personal assistance services requests; 

iv. Provides ongoing assessment of DNFSB’s reasonable accommodation and 

personal assistance program; 

v. Obtains medical documentation when required to process a reasonable 

accommodation and PAS request; and 

vi. Ensures the confidentiality of medical information received in accordance 

with applicable laws and regulations. 

C. Director of Human Resources (DHR). 

i. Designates another staff member from DHR to act as an alternate for the 

DPM to process requests when the DPM is unavailable for any length of 

time (e.g., the DPM is on vacation or out on extended leave); 
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ii. Ensures DNFSB’s job opportunity announcements (JOA) and letters of 

appointment contain information on how to contact the DPM to request 

reasonable accommodation;

iii. Consults with the DPM in locating vacant DNFSB positions available for 

reassignment to qualified, disabled employees; and

iv. Reviews and processes requests for reconsideration of reasonable 

accommodation or PAS denials. 

D. Supervisors. 

i. Forward requests for reasonable accommodation and PAS to the DPM 

within two business days of receipt; 

ii. To the extent necessary, coordinate with the DPM to expeditiously process 

reasonable accommodation and PAS requests; and 

iii. Contact the DPM when they believe their employees may no longer require 

an accommodation or PAS.

E. Applicants and Employees Must: 

i. Request a reasonable accommodation and PAS in accordance with the 

requirements of this operating procedure; and 

ii. Provide documentation related to their disabilities when the disabilities

and/or needs for accommodation and PAS is not obvious. 

9. CONTROLS AND MEASURES. 

A. Any employee seeking further information concerning a reasonable accommodation

or PAS may contact the DPM or the DHR; 

B. All JOAs and letters of appointment shall identify DNFSB’s DPM and provide his 

or her contact information; 

C. This operating procedure shall be posted on DNFSB’s intranet and distributed to all 

new employees as part of their orientation; and 

D. In addition to meeting any reporting responsibilities required by regulation, the 

DPM shall provide an annual report of DNFSB’s reasonable accommodation 
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activity to the General Manager and EEO Director within 30 calendar days of the 

end of the fiscal year for which the report is made. 

 

10. RECORDS. 

A. DHR will maintain all reasonable accommodation and PAS documentation within 

the Office of the General Manager. 

B. DHR will maintain medical information in files separate from personnel records 

and will treat them as confidential records.

C. DHR will retain all records related to a particular individual who has requested a 

reasonable accommodation or PAS for either three years after his/her separation 

from DNFSB or for three years after all appeals are concluded, whichever comes 

later. These records include any documentation of the individual’s disability or 

need for reasonable accommodation and PAS, information about the disposition of 

that individual’s accommodation and PAS request, as well as general files, 

supplemental files, and records used to track DNFSB’s performance and 

compliance with regard to reasonable accommodation. 

11. REFERENCES. 

A. The Rehabilitation Act of 1973, as amended, codified at 29 United States Code 

(USC) § 701 et seq.

B. The Americans with Disabilities Act of 1990, as amended, codified at 42 USC § 

12101 et seq.

C. Executive Order 13164, Establishing Procedures to Facilitate the Provision of 

Reasonable Accommodation, dated July 26, 2000. 

D. 29 CFR Part 1630, Regulations to Implement the Equal Employment Provisions of 

the Americans with Disabilities Act. 

E. EEOC Policy Guidance on Executive Order 13164: Establishing Procedures to 

Facilitate the Provision of Reasonable Accommodation, dated October 20, 2000. 
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12. DEFINITIONS.

A. Disability. A physical or mental impairment that substantially limits one or more of 

the major life activities of an individual or a record of such an impairment; or being 

regarded as having a physical or mental impairment1 that substantially limits one or 

more of the major life activities of such individual. 

B. Essential Functions. Job duties that are so fundamental to the position that an 

individual cannot do the job without being able to perform them. A function can be 

“essential” if, among other things: 

i. the position exists specifically to perform that function; 

ii. there are a limited number of employees who could perform the function if 

it were assigned to them; or 

iii. the function is so specialized and the incumbent is hired based on his/her 

ability to perform it. 

C. Extenuating Circumstance. A circumstance that could not reasonably have been 

anticipated or avoided in advance of the request for accommodation, or that is 

beyond DNFSB’s ability to control. 

D. Job Opportunity Announcement. A document informing potential applicants of a 

vacancy. JOAs describe the requirements of the job and instruct applicants how to 

apply for the vacancy. Whenever applications are accepted from sources outside of 

DNFSB, a JOA must be posted on the USAJOBS’ website to satisfy public notice 

requirements. 

E. Major Life Activities. Major life activities 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. It 

also includes the operation of a major bodily function, including functions of the 

immune 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 

functions. The operation of a major bodily function includes the operation of an 

individual organ within a body system. 

 1 DNFSB is not required to provide a reasonable accommodation to an individual who only meets the definition of 

disability under the “regarded as” prong. 
REASONABLE ACCOMMODATION PROGRAM

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18

F. Physical or Mental Impairment. 

i. Physical Impairment. Any physiological disorder or condition, cosmetic 

disfigurement, or anatomical loss affecting one or more body systems, such 

as neurological, musculoskeletal, special sense organs, respiratory 

(including speech organs), cardiovascular, reproductive, digestive, 

genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine. 

ii. Mental Impairment. Any mental or psychological disorder, such as an 

intellectual disability (formerly termed “mental retardation”), organic brain 

syndrome, emotional or mental illness, and specific learning disabilities. 

G. Qualified Individual with a Disability. An individual who satisfies the requisite 

skill, experience, education and other job-related requirements of the employment 

position such individual holds or desires and, with or without reasonable 

accommodation, can perform the essential functions of such position. 

H. Reasonable Accommodation. A change in the work environment or in the way 

things are customarily done that would enable an individual with a disability to 

enjoy equal employment opportunities. There are three categories of reasonable 

accommodation. 

i. Modifications or adjustments to a job application process that enable a 

qualified applicant with a disability to be considered for the position such 

qualified applicant desires; 

ii. Modifications or adjustments to the work environment, or to the manner 

or circumstances under which the position held or desired is customarily 

performed, that enable a qualified individual with a disability to perform 

the essential functions of that position; or 

iii. Modifications or adjustments that enable employees with a disability to 

enjoy equal benefits and privileges of employment. 

I. Reasonable Accommodation Request. Any communication in which an individual 

asks or states that he or she needs DNFSB to make adjustments because of a 

disability. A request may be in “plain English,” and need not include the words 

“reasonable accommodation,” "disability,” or “Rehabilitation Act.”

J. Substantially Limits. The inability of an individual to perform a major life activity 

that most people in the general population can perform; or being significantly 

restricted as to the condition, manner, or duration under which an individual can 
REASONABLE ACCOMMODATION PROGRAM

DNFSB OP-112.1-1

August 20, 2020 

19

perform a particular major life activity as compared to the condition, manner, or 

duration under which most people in the general population can perform that same 

major life activity. Consistent with EEOC regulations found at 29 CFR, Part 1630, 

the term “substantially limits” shall be construed broadly in favor of expansive 

coverage. 

K. Personal Assistance Services: PAS are provided to individuals with targeted 

disabilities to allow them to perform basic activities of daily living to include eating 

and using the restroom. Effective January 3, 2018, federal agencies are required to 

provide PAS through affirmative action, unless doing so would impose an undue 

hardship on the agency. The description, processes, resources, and timelines 

required are contained within this operating procedure.

L. Undue Hardship. Exists when providing a reasonable accommodation would 

impose significant difficulty or expense on DNFSB, considering factors such as the 

nature and cost of the accommodation needed and the impact of the accommodation 

on the operations of DNFSB.

13. CONTACT. Address questions concerning this operating procedure to the General 

Manager. 

Glenn Sklar, 8/20/20 ______________________________________

Glenn Sklar, General Manager 
REASONABLE ACCOMMODATION PROGRAM

DNFSB OP-112.1-1 - APPENDIX A

August 20, 2020 

A-1

REASONABLE ACCOMMODATION PROGRAM

APPENDIX A

REASONABLE ACCOMMODATION AND PERSONAL ASSISTANCE PROGRAM 

MANAGEMENT

1. Service Types 

A. The DPM (DPM) manages reasonable accommodation and personal assistance 

program (PAS) requests and coordinates services for all service types. Once the 

DPM determines that an employee is a qualified individual with a disability, the 

employee and supervisor should work directly with the DPM charged with 

coordinating the program to ensure the needs of the employee and program are met.

B. The DPM provides support in obtaining the following services as approved 

reasonable accommodation and/or PAS.

C. Available services include: 

i. Sign Language Interpreting: Support provided to individuals who are deaf 

or hard of hearing.

ii. Workplace Assistance: Administrative support such as notetaking, escorts, 

and readers.

iii. Personal Assistance: Support for activities of daily living such as eating, 

dressing/undressing, and transferring. 

D. Initiating Services. The DPM will meet with each employee to discuss functional 

limits and the scope of services which will be provided based on individualized 

needs. Approved services will be documented for DNFSB’s records.

2. Employee Preference 

DNFSB uses vendor-assigned contractors for all Disability Services Program (DSP) service 

types. Accordingly, DNFSB cannot guarantee that any employee will be serviced by the 

same contractor on a regular or on-going basis. To ensure that employees are consistently 

provided services, the DPM will work with the employee to develop a profile of needs and 

preferences. The DPM will also work with the employee to develop and maintain 

additional documentation, as needed. This may include, but is not limited to, a glossary of 

standard terms, inventory of specialized equipment, and instructions for the use of or 

assistance with specialized equipment. Any such profiles and documents will be provided 

to contractors before they begin working with an employee.
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A-2

It is important to note that, due to the nature of the services provided, the DPM will work 

with employees needing PAS to ensure that primary consideration is afforded regarding the 

employee’s preferences for assigned contractors.

3. Scheduling Services 

A. The employee and/or the supervisor should contact the DPM directly to request and 

schedule the following services:

i. Sign Language Interpreting; 

ii. Workplace Assistance; and 

iii. Personal Assistance. 

B. Advance scheduling—preferably one to two weeks—is strongly encouraged. 

Although it is not possible to foresee every occasion for which services may be 

required, failure to schedule services in advance may result in the necessity to 

reschedule meetings until services are available. Any DSP request received with 

less than 72 hours’ notice is not guaranteed.

C. Several factors influence the scheduling of services. For example, any sign 

language interpreting assignment that continues for longer than 1.5 hours, or is 

heavily technical, may require two interpreters. Similarly, back-to-back meetings, 

or meetings extended past the scheduled time, may result in limited or no transfer 

time for a service provider to move between assignments or no time for appropriate 

breaks. Accordingly, meetings or events should include sufficient rest periods and 

breaks to ensure the proper provision of services. 

D. Requests for services are scheduled on a first-come, first-served basis. The DPM 

may suggest other alternatives if overlapping or conflicting requests occur. 

Similarly, the DPM may suggest other alternatives when a program is filled, and/or 

meetings cannot be rescheduled. However, to avoid such conflicts, all clients will 

be requested to share their calendars with the DPM.

E. It is important to note that services are not to be provided in place of employee

attendance. Contractors will not be scheduled for meetings when an employee is on 

leave or when the employee is otherwise unavailable. 
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A-3

4. Meeting Extensions 

Employees must follow the schedule of services carefully to ensure the assigned contractor 

is not asked to work outside of the approved schedule. Failure to do so would obligate 

DNFSB to an unauthorized expenditure of government funds. If a meeting or event is 

extending beyond the approved service time, the employee must notify the DPM and 

request an extension. The DPM will determine whether the service can be extended. If the 

services can be extended, the DPM alone will provide instructions to the vender/assigned 

contractor.

 

5. Cancellations 

Employees and supervisors should provide advanced notice of cancellations whenever 

possible to the DPM. The DPM will determine cancellations due to inclement weather on a 

case by case basis.

6. Off-site Services 

Services are available for off-site meetings when requested in advance. The employee 

and/or supervisor must specify that the services are needed off-site and the exact location of 

facilities at the time of the request. The DPM will then work with the vendor to coordinate 

services. 

7. Travel Services 

A. Services are available for employees on travel when requested in advance. The 

employee and supervisor must, at a minimum, specify that the services are required 

for travel, the exact travel location, and the specific duration of the travel itinerary at 

the time of the request. The request will only be submitted after the employee’s 

travel request has been approved by her/his supervisor or other appropriate 

authority, with assurances that the employee’s travel request is submitted in 

accordance with DNFSB’s travel regulations. Requests for services submitted 

before obtaining these approvals will not be processed. Requests submitted in 

accordance with these requirements will be processed by the DPM, who will then 

work with the vendor to coordinate services. 

B. Except for PAS, services provided during official travel are limited to assistance 

with job-related tasks when the employee is attending, for example, conferences, 

meetings, training, and including overnight stays. To provide services, DNFSB will 

pay the wages of a locally recruited contractor (i.e., a person resident in the location 

to which the employee is traveling). If a locally recruited contractor cannot be 
REASONABLE ACCOMMODATION PROGRAM

DNFSB OP-112.1-1 APPENDIX A

August 20, 2020 

A-4

secured, DNFSB will pay the travel expenses for a vendor-assigned contractor to

accompany the employee, if such a contractor is available.

C. For PAS, all approved support will be made available for official travel. If the 

employee’s travel needs are different from the employee’s needs during the 

workday (i.e., bathing, dressing/undressing), the employee must specify the services 

needed to the DPM when making the request.

 

8. Sign Language Interpreting (SLI) Specifications 

A. The following items are unique to SLI services:

i. Vendor-assigned contractors must hold national interpreter certification and 

be certified members in good standing of the Registry of Interpreters for the 

Deaf (RID) and/or the National Association of the Deaf (NAD), and strictly 

adhere to the RID-NAD Code of Professional Conduct (CPC). 

ii. Internal training is provided to clients, supervisors, and teams to ensure that 

all parties understand how to work with deaf employees and effectively 

create an inclusive environment. 

iii. It is essential to keep in mind that, generally, one interpreter can work 45-60 

minutes of consecutive interpreting (i.e., speakers taking turns speaking at a 

normal pace) before needing a 15-minute break.

B. There must be two interpreters for meetings over 1.5 hours long. 

i. Every effort should be made to include deaf or hard of hearing employees in 

all necessary intentions/exchanges/meetings. The lack of an available sign 

language interpreter should not result in the exclusion of a deaf or hard of 

hearing employee, in these situations an alternative mode of communication 

will be utilized. 

ii. Failure to schedule interpreting services may result in the use of alternative 

forms of interpreting (e.g., dialing 711 to access Fed Relay or similar). 

iii. If the employee attends a conference or training program sponsored by an 

outside organization, the sponsoring organization is principally responsible 

for providing interpreters. It is the responsibility of the employee and 

supervisor to check with the sponsoring organization to see if interpreting 

services will be available. If not, a request containing all relevant 

information should be submitted to the DNFSB DPM. 
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A-5

9. Workplace Assistant (WPA) Services Specifications

 Workplace Personal Assistance (WPA) Services include work task-related assistance, such 

as the use of a reader for business documents not otherwise available electronically, and/or 

a sign language interpreter for company meetings or trainings. The following items are 

unique to WPA services:

A. Every effort should be made to include the employee using WPA in all necessary 

intentions/exchanges/meetings. Lack of an available WPA should not result in 

exclusion of the employee as an alternative form of support should be used.

B. If WPA services are not available, the supervisor must determine whether to provide 

alternative assistance from among the members of her/his staff or to reschedule the 

meeting/event/training request for a later date when a WPA is available. 
REASONABLE ACCOMMODATION PROGRAM

DNFSB OP-112.1-1 - APPENDIX B

August 20, 2020 

B-1

APPENDIX B

EXAMPLES OF REASONABLE ACCOMMODATIONS AND PERSONAL 

ASSISTANCE SERVICES

The types of actions that can be taken regarding reasonable accommodation and personal 

assistance services (PAS) can best be determined on a case-by-case basis, taking into 

consideration the employee, her/his specific disability and the resulting limitations, the essential 

duties of the job, the work environment, and the feasibility of the proposed accommodation. 

Reasonable accommodation may include, but is not limited to, the following: 

1. Modification of the Worksite Facilities: Changes may include, but are not limited to, 

arranging files or shelves for accessibility; raising or lowering equipment and work 

surfaces to provide comfortable working heights; installing special holding devices on 

seats, desks, or machines; using Braille labels or other tactile cues for identification 

purposes; and installing special equipment such as telephone amplifiers. 

2. Assistive Devices: DNFSB is authorized to purchase equipment or assistive devices if 

they are necessary to fulfill the official business of the agency. Equipment or assistive 

devices may not be provided if they are of a personal nature such as eyeglasses or hearing 

aids. In determining whether the purchase of equipment and assistive devices should be 

authorized, consideration should be given as to whether the device will enable the person 

with a disability to perform tasks, she/he would otherwise be unable to carry out. 

Consideration should also be given to determine whether a significant benefit would be an 

increase in the quantity, quality, or efficiency of the employee’s work. 

3. Captioning: The process of converting the audio portion of video production or live 

event into text displayed on a television or film screen or computer monitor. The captions 

are typically white upper-case against a black background and, when pre-recorded, 

presented live as the show is broadcasted. They may also be permanently visible (opencaption) or viewable only through a decoder (closed-caption) attached to or built into the 

television. 

4. Computer-Aided Real-time Translation (CART): A form of captioning which provides 

a word-for-word transcription of what is being said. It may be read on a laptop computer 

or projected onto a television screen or, for a broad audience, onto a full-size screen. 

5. Flexible Leave Policies: DNFSB has authority to adopt flexible leave policies, subject to 

appropriate laws and regulations, which will accommodate employees with disabilities. 
REASONABLE ACCOMMODATION PROGRAM

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B-2

6. Adjusting Work Schedules or Work Locations: Managers and supervisors are 

encouraged to approve flexible or altered work schedules for employees who cannot meet 

the requirements of the regularly scheduled tour of duty for the position for reasons 

associated with their disability (examples include the provision for medical treatments, 

need for rest periods, or difficulty getting to work). Use of DNFSB’s telework program 

is also encouraged when employees require the use of alternative work locations. 

7. Restructuring Jobs: Job restructuring is the primary means by which an employee with 

a disability can be reasonably accommodated. Supervisors should consult with the DPM 

to discuss changes that can be made to enable the person with a disability to perform the 

job.

8. Training: DNFSB will accommodate and assume the costs incurred when an employee 

with a disability attends training. DNFSB will also arrange reasonable accommodation 

and PAS needs for approved courses, whether held at DNFSB or other locations, 

including the arrangement of transportation to and from the training site.

9. Personal Care-Related: PAS may include personal care-related assistance such as 

helping an employee to access the restroom, eat or drink at work, assistance with mobility 

devices, entering and existing facilities, or travel for business purposes.
REASONABLE ACCOMMODATION PROGRAM

DNFSB OP-112.1-1 - APPENDIX C

August 20, 2020

C-1

APPENDIX C

REASONABLE ACCOMMODATION FORMS 

1. Accommodation Request Form 

2. Approval of Reasonable Accommodation Request Form 

3. Denial of Reasonable Accommodation Request Form 
REASONABLE ACCOMMODATION PROGRAM

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C-2

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

REASONABLE ACCOMMODATION REQUEST FORM

Full Name:

Last First Middle Initial

Mailing Address:

Street

City State Zip Code

Email Address: Fax:

Phone:

Day Evening Cell

Office: Supervisor: 

1. Disability Claimed:
REASONABLE ACCOMMODATION PROGRAM

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C-3

2. How Disability Affects Your Major Life Activity/ies:

3. Accommodation Requested (describe specific accommodation or modification that you are 

requesting ):

If your need for an accommodation is not obvious, you must provide documentation from an 

appropriate medical professional, such as a doctor, rehabilitation counselor, or vocational 

counselor, concerning your disability and functional limitations as they pertain to the requirements 

of your current position or the one for which you are applying. The DPM (DPM) will provide a 

medical consent form for you to sign if we need to contact your doctor for additional information 

Your request will be processed and evaluated to determine the most appropriate reasonable 

accommodation for your claimed disability. However, this assistance does not necessarily signify a 

determination by the Defense Nuclear Facilities Safety Board (DNFSB) that you are a qualified 

individual with a disability under the Rehabilitation Act. You will be contacted via the e-mail or 

phone number you provide above. 

Any documentation you submit will become part of your record of request for an accommodation, or 

part of your application package if you are an applicant for employment with DNFSB. Your identity 
REASONABLE ACCOMMODATION PROGRAM

DNFSB OP-112.1-1 - APPENDIX C

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C-4

and information pertinent to your request for accommodation may be revealed only to Federal 

officials with a need to know. 

Your failure to provide the information requested may result in the inability of DNFSB to grant your 

request. E-mail the completed Accommodation Request Form, and as applicable, medical 

documentation, to the DPM at dpm@dnfsb.gov. If you are not using a DNFSB email address, please 

encrypt all documents submitted to the DPM mailbox and provide the DPM an access password in a 

separate e-mail. If you have questions about the documents or reasonable accommodation process, 

you may contact the DPM 202-694-7000. 
REASONABLE ACCOMMODATION PROGRAM

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C-5

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

APPROVAL OF REASONABLE ACCOMMODATION REQUEST

Date:

Recipient Name: 

Title: 

Address:

 Dear : 

After careful consideration of your request for a reasonable accommodation on (add date), I have 

determined that your request for (add request information) meets the criteria for a reasonable 

accommodation and is approved. This decision is based on my discussions with you, a review of your 

medical documentation (if provided), and consultation with your supervisor. 

As your request has been approved, your supervisor and I will immediately arrange the specific 

accommodation you requested. If there are any delays in providing you this accommodation, you will 

be notified. 

This approval letter completes the reasonable accommodation process and will become the final 

documentation within the file. If you have any questions about the reasonable accommodation 

process or this letter, please contact me at the number below. 

Sincerely, 

DPM Telephone #: 

E-Mail Address: 
REASONABLE ACCOMMODATION PROGRAM

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DEFENSE NUCLEAR FACILITIES SAFETY BOARD

DENIAL OF REASONABLE ACCOMMODATION REQUEST

1. Name of employee requesting reasonable accommodation:

2. Type(s) of reasonable accommodation requested: 

3. Request for reasonable accommodation denied because: (may check more than one box) 

__ Accommodation Ineffective 

__ Accommodation Would Cause Undue Hardship 

__ Medical Documentation Inadequate 

__ Accommodation Would Require Removal of an Essential Job Function 

__ Accommodation Would Require Lowering of Performance or Production Standard 

__ Other (Please identify) 

4. Detailed reason(s) for the denial of reasonable accommodation (Must be specific, 

e.g., why accommodation is ineffective or causes undue hardship): 

5. If the individual proposed one type of reasonable accommodation which was denied, but 

rejected an offer of an alternative type of accommodation, explain both the reasons for 

denial of the requested accommodation and why the offered accommodation would be 

effective. 
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C-7

NOTICE TO INDIVIDUAL: 

6. If you wish to request reconsideration of this decision, you may take the following 

steps: 

• First, ask the decision maker to reconsider his/her denial. You may present 

additional information to support your request. 

• Use existing procedures for informal dispute resolution that can include any of the 

following processes: review by a second line supervisor or review by another 

neutral party. 

• Reconsideration, review, and use of alternative resources do not affect the time 

limits for initiating statutory claims. An individual’s participation in informal 

dispute resolution processes will neither satisfy nor delay time restrictions of the 

formal processes indicated below. 

7. If you wish to file an equal employment opportunity (EEO) complaint, or pursue 

Merit Systems Protection Board (MSPB) and grievance procedures, you must take 

the following steps: 

• For an equal employment opportunity (EEO) complaint pursuant to 29 Code of 

Federal Regulations (CFR) §§ 1614, contact the EEO counselor in the appropriate 

EEO office within 45 days from the date of denial of reasonable accommodation; 

or 

 

• Where the denial of a request results in an adverse action, initiate an appeal to the 

Merit System Protection Board within 30 days of an appealable adverse action as 

defined in 5 CFR §§ 1201.3 et. seq. 

Name/Title of Decision Maker: 

Signature of Decision Maker: 

Date reasonable accommodation denied: 

I acknowledge that I have read the above information with regard to my request for 

accommodation. 

Signature of Requester: Date:

 
REASONABLE ACCOMMODATION PROGRAM

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APPENDIX D

SELECTED REASONABLE ACCOMMODATION RESOURCES

U.S. Equal Employment Opportunity Commission (EEOC)

1-800-669-3362 (Voice), 1-800-800-3302 (TT), www.eeoc.gov

EEOC has published many Americans with Disabilities Act (ADA) and Rehabilitation Actrelated documents that may assist both individuals requesting accommodations as well as those 

involved in the decision-making process. 

Job Accommodation Network (JAN) 

1-800-526-7234 (Voice), 1-877-781-9403 (TT), www.askjan.org

A service of the Office of Disability Employment Policy, JAN can provide information, free-of

charge, about many types of reasonable accommodations and provide referrals to other 

organizations that may have particular information about accommodations for persons with 

different disabilities. 

ADA National Network

1-800-949-4232 (Voice/TT), www.adata.org

The ADA National Network consists of 10 federally funded regional ADA National Network 

Centers that provide information, training, and technical assistance on the ADA. Each center 

works with local business, disability, governmental, rehabilitation, and other professional 

networks to provide current ADA information and assistance. The regional centers may provide 

information on reasonable accommodation and make referrals to local sources of expertise in 

reasonable accommodations. 

Registry of Interpreters for the Deaf

(703) 838-0030 (Voice), (703) 838-0459 (TT), www.rid.org

The registry offers information on locating and using interpreters and transliteration services. 

RESNA Technical Assistance Project

(703) 524-6686 (Voice), (703) 524-6639 (TT), www.resna.org

The Rehabilitation Engineering and Assistive Technology Society of North America (RESNA)

may refer individuals to projects in all 50 states and the six territories offering technical 

assistance on technology-related services for individuals with disabilities. Services may include: 

• Information and referral centers to help determine what devices may assist a person with 

a disability (including access to large data bases containing information on thousands of 

commercially available assistive technology products), 

• Centers where individuals can try out devices and equipment, and

• Assistance in obtaining funding for and repairing devices, and equipment exchange and 

recycling programs. 
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Internal Reasonable Accommodation Resources

EEOC has many documents that address the reasonable accommodation obligation required 

under the Rehabilitation Act, including EEOC’s Enforcement Guidance on Reasonable 

Accommodation and Undue Hardship under the Americans with Disabilities Act, available 

at http://www.eeoc.gov/policy/docs/accommod ation.html. In addition, the following 

documents may also be helpful: 

• EEOC Enforcement Guidance: Disability-Related Inquiries and Medical 

Examinations of Employees Under the Americans with Disabilities Act, 

www.eeoc.gov/policy/docs/guidance-inquiries.html

• Policy Guidance on Executive Order 13164: Establishing Procedures to 

Facilitate the Provision of Reasonable Accommodation, 

www.eeoc.gov/policy/docs/accommodation_procedures.html

• EEOC Efforts for Veterans with Disabilities, 

https://www1.eeoc.gov/laws/types/veterans.cfm?redirected=https://www.eeoc. 

gov/laws/types/disability.cfm.

EEOC has issued a number of documents that discuss how ADA addresses various leave 

issues, including: 

• Employer-Provided Leave and the Americans with Disabilities Act, 

https://www.eeoc.gov/eeoc/publications/ada-leave.cfm

• Revised Enforcement Guidance: Reasonable Accommodation and Undue 

Hardship Under the Americans with Disabilities Act, 

www.eeoc.gov/policy/docs/accommodation.html (see “Leave” under “Types 

of Reasonable Accommodations”) 

• Enforcement Guidance on Pregnancy Discrimination and Related Issues, 

www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm (see section II.B., 

• “ADA and Reasonable Accommodation”) 

• The Family and Medical Leave Act, the Americans with Disabilities Act, and 

Title VII of the Civil Rights Act of 1964, 

• www.eeoc.gov/policy/docs/fmlaada.html (see “Comparison of ADA and FMLA 

Leave” and “ADA Compliance When the FMLA Also Applies”) o Enforcement 

Guidance: Workers' Compensation and the ADA, 

www.eeoc.gov/policy/docs/workcomp.html (see “Return to Work Decisions” and 

“Reasonable Accommodation”) 

• The Americans with Disabilities Act: Applying Performance and Conduct 

Standards to Employees with Disabilities, 

www.eeoc.gov/facts/performanceconduct.html (see “Attendance issues”) 

EEOC documents discussing specific types of disabilities and the most common reasonable 

accommodations for them; reasonable accommodations for particular types of workplaces 
REASONABLE ACCOMMODATION PROGRAM

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D-3

(e.g., health care facilities); and leave and telework. These documents may be found on 

EEOC’s website at https://www.eeoc.gov/laws/types/disability.cfm. 

Information on EEOC's ergonomics program is available at 

http://insite.eeoc.gov/EEOCWide/BEST/upload/ergo-faqs.html. 

10/29/2020 2:08 PM