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disabilities;

(5) (U) Track accountable property received in the form of reasonable accommodations
(e.g., desks, chairs);

(6) (U) Coordinate with the Disability Program Manager for any travel requests that
involve new or modified reasonable accommodations prior to any travel or travel approvals, and
consult with the Disability Program Manager regarding any reasonable accommodation travel
requests, should questions arise;

(7) (U) Notify the Disability Program Manager of the final status of all reasonable
accommodation requests, whether approved or denied; and

(8) (U) As needed, consult the resource materials available on the EEOC’s public website,
including EEOC’s Enforcement Guidance: Disability-Related Inquires and Medical
Examinations of Employees Under the Americans with Disabilities Act (2000), and Enforcement
Guidance on Reasonable Accommodation and Undue Hardship Under the Americans With
Disabilities Act (revised October 17, 2002).

E. (U) ODNI Chief, Facilities and Logistics will, as required by law and regulation, work with
building owners of all ODNI-occupied buildings and ensure all ODNI-owned buildings provide
accessibility for individuals and applicants with disabilities, in accordance with applicable
provisions of law.

F, (U) The ODNI CIO will provide the Disability Program Manager, supervisors, and
managers with technical and research support concerning potential accommodations related to
IT, and will process requests for reasonable accommodations as priority work requests.

G. (U) The ODNI Chief, CIS will ensure any proposed accommodation requiring the use of
portable electronic devices (see ODNI Instruction 113.02) will not introduce security
vulnerabilities, and will process such requests as priority.

H. (U) The Head of Contracting Activity will ensure that contracts contain the requisite
clauses to comply with laws and EOs, and give priority processing to contracts involving the
provision of reasonable accommodations.

I. (U) CLPT will provide guidance for the handling of protected health information.

J. (U) ODNI employees and applicants seeking a reasonable accommodation will:

(1) (U) Begin the interactive process by requesting an accommodation in accordance with
Section 6.M.;

(2) (U) Provide necessary and appropriate medical information directly to the Disability
Program Manager in accordance with Section 6.M.;

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accommodation, or that the employer knows that it will become available within a reasonable
amount of time, as determined on a case-by-case basis considering relevant facts, such as
anticipated detailee rotations and other personnel movements. Reassignment may be made to a
vacant position outside of the employee’s commuting area if the employee is willing to relocate.
ODNI will not fund the employee’s relocation costs.

(2) (U) If an employee needs to be reassigned as an accommodation, the Chief, HRM, or
designee, will meet with the employee to discuss the employee’s current job tasks, skills, and the
limits the employee may wish to place on the vacancy search, employee positions of interest, and
the other types of jobs within ODNI the employee may be able to perform. An employee may be
reassigned within the employee’s component of assignment, or another component within ODNI,
with a final determination made by the the Chief, HRM, or designee. The Chief, HRM, or
designee, will review all vacant positions at the employee’s current grade. If there is no vacant
equivalent grade position, the employee will be reassigned to a vacant lower grade position for
which the individual is qualified. If the employee is qualified for the position, the employee
should be reassigned noncompetitively to the job as a reasonable accommodation.

(3) (U) The ODNI-wide position review will be conducted by the Chief, HRM, or
designee, in consultation with the ODNI Senior Employee Management Officer (SEMO) and/or
the EMRO. In preparation for a review of vacant positions in consultation with the SEMO and
the EMRO, the Chief, HRM, or designee, will:

(a) (U) Review ODNI vacancies at or below the employee’s current grade to determine
if a suitable position exists that meets the accommodation needs of the employee; and

(b) (U) Provide a package of background information that will include: the employee’s
current biographic profile, last two Performance Evaluation Reports, and active reprimands, if
any, for SEMO and EMRO reference. The SEMO and the EMRO may be advised of restrictions
that would affect placement of the employee into a suitable position.

(4) (U) If the employee accepts a position identified through this process, the employee
will be reassigned as soon as possible.

(5) (U) If a determination is made that no position exists that would allow the employee to
perform the essential job functions with or without reasonable accommodation, and the COO
determines that separation of an employee is appropriate, the Chief, HRM or designee, will
provide written notification to the employee. The Chief, HRM, or designee, will review with the
employee available options such as immediate retirement, eligibility for medical disability
retirement, or involuntary separation. Within 30 calendar days of the determination that no
position exists, the Chief, HRM, or designee, must deliver copies of the documentation to the
COO for retention.

(6) (U) The Chief, HRM, or designee, must develop procedures to ensure careful

documentation of meetings, discussions, and decisions throughout the reasonable
accommodation process for reassignment. The Chief, HRM, or designee, will prepare written

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6. (U) POLICY

A. (U) ODNI will provide reasonable accommodations to individuals and applicants with a
disability. If the individual or applicant is able to perform the essential job functions, with or
without a reasonable accommodation, the individual’s or applicant’s disability will not preclude
ODNI employment. In accordance with applicable laws, ODNI must provide reasonable
accommodation to qualified employees or applicants with a disability, unless doing so would
cause undue hardship.

B. (Uf) The reasonable accommodation process is an interactive process during which
the employee, management, authorized officials, and the Disability Program Manager work
together, communicating early and periodically, to determine the best solution. Throughout the
process, individuals may contact the Disability Program Manager by unclassified email
(DNI_DRA@adni.gov) or classified email

C. (U) When an individual requests a type of reasonable accommodation that will likely be
needed on a repeated basis (for example, the use of sign language interpreters), the individual is
not required to go through the reasonable accommodation request process multiple times. Once
the reasonable accommodation is approved the first time, the individual may obtain the
accommodation by notice of subsequent need to the individual or office that initially provided
the accommodation. For example, for sign language interpreter services, the individual or
supervisor may submit a request through the Reasonable Accommodation Program website.

D. (U) Supervisors and managers may be advised of necessary restrictions on work-related
duties, to include official travel, for individuals with a reasonable accommodation. Emergency
and security personnel may be advised if the individual requires or might require particular
treatment or assistance during an evacuation. Government officials investigating compliance
with non-discrimination laws and regulations must be given relevant information upon request.

E. (U) To ensure a responsive reasonable accommodation process, ODNI will ensure
supervisors and managers are aware of the Equal Employment Opportunity Commission’s
(EEOC) resource materials available for their use. Resource examples include the EEOC’s
Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees
Under the Americans with Disabilities Act (2000), and Enforcement Guidance on Reasonable
Accommodation and Undue Hardship Under the Americans With Disabilities Act (revised
October 17, 2002).

F. (U) As part of the Reasonable Accommodation Program, ODNI will provide Personal
Assistance Services (PAS) to qualified employees, who, because of certain targeted disabilities,

require assistance to perform activities of daily living that an individual would typically perform
if the individual did not have a disability, such as eating and using the restroom.

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(3) (U) Cooperate with the interactive process and the accommodation evaluation process;
and

(4) (U) In the event of a denial of an accommodation request, refer to Sections 6.P. and
6.Q. above for the voluntary informal dispute resolution process and for requesting
reconsideration of denials of reasonable accommodation requests.

K. (U) The OEEO will, in accordance with ODNI Instruction 120.02, receive and process

complaints of discrimination when an individual or applicant alleges a delay or a failure by
ODNI to provide a reasonable accommodation.

8. (U) EFFECTIVE DATE: This Instruction is effective upon signature.

Hora 4, othuao 5)ie/20aaQ
Lora A. Shiao Date
Chief Operating Officer

(U) Appendix A: Reasonable Accommodation Request Form
(U) Appendix B: Consent for Release of Confidential Patient Information

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(U) APPENDIX B
(U) CONSENT FOR RELEASE OF CONFIDENTIAL PATIENT INFORMATION

(U) This authorization permits the release from the Office of the Director of National
Intelligence Reasonable Accommodations (RA) Office to the Central Intelligence Agency’s
Office of Medical Services (OMS) the medical information provided by (Insert Name).

(U) I understand that I have provided medical information to the RA Office for the purpose of
evaluating my reasonable accommodation request(s), and may be required to provide additional
information as needed. I authorize the RA Office to share such information with appropriate
medical personnel within the OMS, to the extent deemed necessary by the RA Office, to fulfill
that purpose.

Patient Signature Date

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(2) (U) Issue decisions on applicant or employee requests for reconsideration of denials of
reasonable accommodation requests in a timely manner; and

(3) (U) When reassignment to a new position is sought as a reasonable accommodation,
and no appropriate position is identified, determine whether separation of the employee is
appropriate.

B. (U) The Disability Program Manager will:
(1) (U) Implement this Instruction;

(2) (U) Forward policies and procedures governing the provision of reasonable
accommodations to the EEOC, in accordance with EO 13164;

(3) (U) Monitor and advise ODNI leadership on compliance with the governing laws,
regulations, EOs, and EEOC guidance related to the provision of reasonable accommodations;

(4) (U) Oversee the processing of requests for reasonable accommodations and fund those
reasonable accommodations that have been determined appropriate;

(5) (U) Request, maintain, and release relevant medical information concerning reasonable
accommodations in accordance with Section 6.S.;

(6) (U) Monitor, track, and report on the provision of reasonable accommodations;

(7) (U) Maintain a central fund for reasonable accommodations during each fiscal year to
facilitate delivery of accommodations within timelines referenced in this policy, and to ensure
federal reporting requirements regarding reasonable accommodations are met;

(8) (U) Ensure ODNI reasonable accommodations policies and procedures that inform
individuals with disabilities about their rights and responsibilities are readily accessible to all
ODNI personnel and applicants for employment, including using alternative formats for those
with disabilities. These policies and procedures will be posted to ODNI’s internal and external
websites;

(9) (U) Ensure authorized officials and hiring officials understand their roles and
obligations with respect to the provision of reasonable accommodation;

(10) (U) Provide advice and guidance to ODNI personnel, applicants, and supervisors
concerning reasonable accommodations, and serve as the focal point for available resources; and

(11) (U) Consult with OGC, CLPT, OEEO, and IMO, as appropriate.

C. (U) The Chief, HRM, or designee will:

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M. (U) Initiating and Engaging in the Interactive Process

(1) (U) An individual or applicant with a disability is not required to make a request for a
reasonable accommodation at any particular time, or at all. An employee or applicant does not
need to have a particular accommodation in mind when making the request.

(2) (U) ODNI personnel or applicants may initiate a request for reasonable accommodation
verbally or in writing (see Appendix A). ODNI personnel or applicants may make a request for a
reasonable accommodation to: (1) a supervisor or manager in the individual’s chain of command,
(2) the office designated by the agency to oversee the reasonable accommodation process, (3)
any ODNI individual connected with the application process, or (4) any other individual
designated by ODNI to accept such requests. A request can be made by the individual with a
disability and also by: (1) a family member, (2) a health professional, or (3) other representative
who is acting on the individual’s behalf. Anyone who has contact with an applicant and receives
a request for accommodation has an obligation to immediately refer the request to the Disability
Program Manager.

(3) (U) Requesters are not required to mention the Rehabilitation Act, or the phrase
“reasonable accommodation” or “disability” when requesting an accommodation, but the request
must be for a reason related to a medical condition in order for it to be reviewed as a reasonable
accommodation request. It is sufficient for the individual requesting accommodation to state that
some sort of change or assistance is required based on a medical condition, in order to begin the
reasonable accommodation process.

(4) (U) Verbal requests for accommodation must be documented by the recipient of the
request for accountability and record-keeping purposes, via classified e-mail, with a copy to the
Disability Program Manager, or by submitting a request through the Reasonable
Accommodations Program website. The Disability Program Manager must receive
documentation of the request from the recipient within two (2) business days of the request for
accommodation.

(5) (U) With assistance from the Disability Program Manager and/or OGC, the authorized
official must participate in the interactive process, which includes discussing any request for
accommodation with the individual or applicant as soon as possible, explaining the reasonable
accommodation process, and thoroughly exploring alternatives for reasonable accommodation.
The Disability Program Manager will assist in the interactive process, working in collaboration
with the individual, the authorized official, the Chief, Human Resources Management (HRM),
the Employee Management Resource Officer (EMRO), the Chief Operating Officer (COO), the
Chief Information Officer (CIO), Chief of CIS, Chief of Facilities and Logistics, the Head of
Contracting Activity, and a designated medical professional, as appropriate.

(6) (U) Individuals or applicants who request a reasonable accommodation are required to
cooperate with the accommodation evaluation process and provide appropriate medical
information to the Disability Program Manager when the disability and/or need for
accommodation are not obvious. Information provided shall be sufficient to explain: (1) the

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(f) (U) Providing specially designed furniture;
(g) (U) Providing qualified service providers, such as sign language interpreters;
(h) (U) Modifying testing and examination procedures;

(i) (U) Upgrading seating or class of service for official travel, as described in ODNI
Instruction 103.01; or

(j) (U) Offering reassignment of ODNI permanent cadre employees to a vacant
position.

(2) (U) ODNI is not required to create a position as an accommodation to individuals or
applicants with disabilities, however, supervisors or managers must consider reassigning
nonessential job functions or modifying how essential job functions are performed.

(3) (U) Reasonable accommodations DO NOT include:
(a) (U) Removing an essential function or hiring someone else to perform it;
(b) (U) Lowering performance or production standards;

(c) (U) Excusing misconduct in violation of uniformly applied rules that are job-related
and consistent with business necessity; or

(d) (U) Providing items that are primarily for personal use, such as prosthetic limbs,
glasses, or wheelchairs, unless this equipment is specifically designed or required to meet job-
related, rather than personal needs. These requests are distinct from PAS, such as providing a
sign language interpreter.

I. (U) Applicants for ODNI Cadre Employment: ODNI will provide reasonable
accommodations to otherwise qualified applicants with disabilities who request a reasonable
accommodation to participate in the application process, unless the hiring component can
demonstrate that a particular accommodation would impose an undue hardship on ODNI
operations. When undertaking applicant processing, ODNI personnel will observe the practices
below:

(1) (U) Accommodation during the application and interview process:

(a) (U) Applicants will be advised of the hiring process (e.g., an interview, security, and
medical evaluations), and that reasonable accommodations may be provided for this process.

(b) (U) During the application process and before a conditional offer of employment
(COE) is made, ODNI hiring officials may not ask applicants any questions that are likely to

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(1) (UU) ODNI will provide PAS if:
(a) (U) The employee requires such services because of a targeted disability;
(b) (U) The requesting employee will be able to perform the essential functions of the
job, without posing a direct threat to safety, once PAS and any required reasonable

accommodations have been provided; and

(c) (U) Providing PAS to the requesting employee will not impose undue hardship on
ODNI.

(2) (U) The process for requesting PAS, the process for determining whether such services
are required, and ODNI’s right to deny such requests when provision of the services would pose
an undue hardship, are the same as for reasonable accommodations.

G. (U) Absent an undue hardship, ODNI will provide a reasonable accommodation to a
qualified individual or applicant who:

(1) (U) Requests an accommodation in order to participate in the application process;

(2) (U) Requests an accommodation to enable the individual to perform the essential
functions of the job or to gain access to the workplace; or

(3) (U) Requests an accommodation to enjoy equal benefits and privileges of employment,
enjoyed by similarly situated individuals without disabilities.

H. (U) Types of Reasonable Accommodations
(1) (U) The authorized official, in consultation with the Disability Program Manager, and

the Office of General Counsel (OGC), as appropriate, may choose among reasonable
accommodations as long as the chosen accommodation is effective. Through the interactive
process, the authorized official will solicit and consider the individual’s input, but the authorized
official has the ultimate discretion to choose among proposed effective accommodations.
Reasonable accommodations may include, but are not limited to:

(a) (U) Making existing facilities readily accessible;

(b) (U) Job restructuring, removing and/or substituting a non-essential job function;

(c) (U) Approving part-time or modified work schedules;

(d) (U) Granting breaks or approving leave;

(e) (U) Acquiring or modifying equipment or devices in such manner that provides
effective accommodation while ensuring security considerations are met;

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(1) (U) At all stages of the application and hiring process, ensure that cadre and detailee
applicants to ODNI are advised of the process for requesting a reasonable accommodation.
Assignees to ODNI will also be advised of the reasonable accommodation process;

(2) (U) Ensure that MOUs for federal civilian detailees to ODNI include provisions for
reasonable accommodation;

(3) (U) Facilitate the process when reassignment, telework, or in limited circumstances an
excused absence, is a reasonable accommodation;

(4) (U) Refer management, personnel, and applicant questions about reasonable
accommodation to the Disability Program Manager; and

(5) (U) Work with the Disability Program Manager, as applicable, to provide approved
accommodations.

D. (U) Authorized Officials will:
(1) (U) Ensure managers, supervisors, and other authorized officials:

(a) (U) Immediately contact the Disability Program Manager for advice and assistance
when a request for a reasonable accommodation is made or there is an obvious disability or an
individual voluntarily discloses a disability;

(b) (U) Participate and cooperate during the interactive process including early and
periodic communication;

(c) (U) Refrain from questioning the individual or applicant about their medical history
or obtaining any medical information, but rather refer them to the Disability Program Manager;
and

(d) (U) Ensure that reasonable accommodations are provided to individuals and
applicants with disabilities in accordance with ODNI policies and procedures.

(2) (U) In consultation with the Disability Program Manager and OGC, as necessary,
make final determinations regarding reasonable accommodation requests and must advise the
individual, in writing and in accessible format if requested, of the specific reasons for any
denial, as well as the avenues for requesting reconsideration;

(3) (U) Ensure that all personnel who handle information obtained in connection with a
request for a reasonable accommodation maintain the required confidentiality of any medical
information and described in Section 6.S.;

(4) (U) Ensure any contracts established for the use of external facilities (e.g., hotels for
conferences or training) reflect the obligation that the facilities be accessible to individuals with

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J. (U) ODNI Personnel

(1) (U) Managers and supervisors may not ask whether an individual has a disability, or
question the nature or severity of a disability, if one is revealed or is apparent. However, when
an individual has a known disability—either because it is obvious or the individual has
voluntarily disclosed the information—and one could reasonably believe that the individual will
need a reasonable accommodation to perform specific job functions, the individual’s manager or
supervisor must contact the Disability Program Manager for guidance, in order to identify an
effective accommodation.

(2) (U) To ensure a responsive reasonable accommodation process, ODNI will train
supervisors and managers to recognize when an employee is making an accommodation request.
For example, supervisors and managers should be attuned to employees indicating they are
having difficulty performing their job, such as difficulty reading a computer screen, hearing
others speak, and similar statements indicating a possible need for help in performing their jobs.
It is then the supervisor’s responsibility to proactively ask how they can help the employee
address the difficulty. Similarly, if an employee states that some sort of change or assistance is
required based on a medical condition, supervisors and managers should interpret this statement
as a request for a reasonable accommodation.

K. (U) Federal Civilian Detailees to ODNI: ODNI will accommodate detailees, who are
qualified individuals with disabilities, in the position to which they have been detailed, to include
ensuring reasonable accommodation is provided to enable an individual with a disability to have
an equal opportunity to apply for a detailee position. Memoranda of Understanding (MOUs) for
detailees must include a provision requiring the employing agency to bear the cost of any
accommodation required in order for the detailee to perform in a detail position. An individual
who is not able to perform the essential functions of the position to which they are detailed (i.e.,
is no longer qualified for the position) will be returned to their employing agency.

L. (U) Contractors: Contractors must contact their employer for arranging a reasonable
accommodation. Contracting Officer’s Technical Representatives (COTRs) or Contracting
Officers (COs) must work with the Chief, Counterintelligence and Security (CIS) to ensure any
proposed accommodations made by a contractor’s employer will not introduce security
vulnerabilities. Compliance with contract terms, such as provision of information technology
(IT) and office furnishings and equipment to contractor personnel when required under a contract
is not considered a reasonable accommodation under the law. COTRs should consult with COs
to determine whether a request by a contractor to substitute office furnishings and equipment is
within the scope of the contract terms, or whether the contractor must be referred to the employer
for a reasonable accommodation. When a substitution in office equipment or supplies is made
pursuant to the contract terms, COTRs or COs must document that in the contract file. COTRs
and COs may consult with the Disability Program Manager or OGC for further guidance, if
needed.

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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
INSTRUCTION 121.01
Category 121—Accessibility and Reasonable Accommodations
Office of Primary Responsibility: Human Resources Management
Revision 1

SUBJECT: (U) FACILITATING REASONABLE ACCOMMODATIONS FOR
INDIVIDUALS WITH DISABILITIES

1. (U) AUTHORITIES: The National Security Act of 1947, as amended; and other applicable
provisions of law.

2. (U) REFERENCES: The Civil Rights Act of 1964, as amended; the Rehabilitation Act of
1973, as amended; the Americans with Disabilities Act of 1990, as amended; the Architectural
Barriers Act of 1968, as amended; the Privacy Act of 1974, as amended; the Genetic Information
Non-Discrimination Act of 2008 (GINA); Executive Order (EO) 13164; 29 CFR. Part 1630;
Intelligence Community Directive (ICD) 110, Jntelligence Community Equal Employment
Opportunity and Diversity; Office of the Director of National Intelligence (ODNI) 73.07, Work
Schedules; ODNI Instruction 77.11, Staff Reserve Appointments in the ODNI; ODNI Instruction
103.01, Travel Policy; ODNI Instruction 113.02, Use of Portable Electronic Devices; and ODNI
Instruction 120.02, Equal Employment Opportunity Discrimination Complaint System.

3. (U) PURPOSE

A. (U) This Instruction establishes ODNI policy, procedures, and responsibilities for
providing reasonable accommodations for qualified individuals or applicants who have, or who
develop, a disability. This Instruction replaces ODNI Instruction 121.01, Facilitating
Reasonable Accommodations, 27 June 2017, and incorporates Internal Process Document
121.01a, Process for Facilitating Reasonable Accommodations.

B. (U) This Instruction is intended to provide guidance for the implementation of the
Rehabilitation Act of 1973. Nothing in this Instruction shall be construed as creating any legal
rights for individuals or applicants other than the rights such persons may have under existing
law.

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N. (U) Processing Requests for Reasonable Accommodations

(1) (U) The processing of a request for accommodation will begin within three (3) working
days of initial receipt of the verbal or written request unless special circumstances require that a
request be processed immediately. For example, expedited processing might be necessary when
the reasonable accommodation is needed to enable an individual or applicant to apply for a job
within the required timeframe or to attend a scheduled meeting. Everyone involved in the
processing of a request should respond as soon as possible.

(2) (U) Reasonable accommodation requests will be granted or denied within 10 business
days of a request to an authorized official, absent the need for additional medical information, or
other extenuating circumstances. In those cases where a disability and/or need for
accommodation is not obvious, and ODNI has requested necessary medical information, ODNI
is not required to adhere to the prescribed time frames if an individual has not provided the
necessary medical information. The time period permitted for granting the accommodation
begins when the accommodation is first requested. The Disability Program Manager provides
the recommendation to the authorized official for review no later than 10 days after receiving all
required medical documentation. If the authorized official concurs with the recommendation, the
Disability Program Manager will send the recommendation to the requester. When a particular
accommodation can be provided in less than the maximum amount of time permitted, failure to
respond promptly may result in a violation of the Rehabilitation Act of 1973.

(3) (U) Because the interactive process is intended to be flexible, decisions concerning
requests for reasonable accommodations should be made as quickly as feasible, and
implementation of approved reasonable accommodations should be made at the lowest possible
level, to minimize the burden on the requester and to expedite the processing and delivery of
reasonable accommodations. It is imperative throughout this process that those responsible for
making decisions regarding reasonable accommodations maintain open communication with the
individual requesting accommodation in order to gain a clear understanding of their needs and
the nature of the accommodation request. Failure to process accommodation requests in a timely
fashion may result in an undue delay or an improper denial of the request.

(4) (U) If the authorized official non-concurs, the Disability Program Manager will work
with the authorized official and requester towards an alternate recommendation. Once an
alternate recommendation is approved by the authorized official, the Disability Program
Manager will send the recommendation to the requester. In consultation with the Disability
Program Manager, the authorized official should grant or deny the request within 10 business
days from the date of the request, or the date when the Disability Program Manager receives all
required medical documentation, in cases where such documentation is required.

(5) (U) All ODNI personnel who process reasonable accommodation requests will ensure
that response times are kept to a minimum, and will respond promptly to requests by the
Disability Program Manager for information, assistance, and provision of accommodations. Any
delays may result in the ODNI’s failure to satisfy legal requirements for providing timely and
effective reasonable accommodations.

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nature of the individual’s disability, (2) the need for reasonable accommodation, and (3) how the
requested accommodation, if any, will assist the individual to apply for a job, perform the
essential functions of a job, or enjoy the benefits and privileges of the workplace. If the
submitted information is not sufficient, ODNI has the right to request relevant supplemental
medical information. ODNI may not request medical information from an individual or
applicant making a reasonable accommodation request when: (1) both the disability and the need
for reasonable accommodation are obvious, or (2) the individual has already provided ODNI
with sufficient information to document the existence of the disability and the individual’s
functional limitations.

(7) (U) Failure to engage, or cooperate, in the interactive process could potentially result in
an ineffective accommodation or an unwarranted denial of a reasonable accommodation.
Neither the authorized official, nor the Disability Program Manager, may delay the interactive
process while waiting for a written request.

(8) (U) ODNI has the right to have medical documentation reviewed by a medical
professional or service provider of ODNI’s choosing and at ODNI’s expense. The medical
review must be limited to determining the existence of a disability and the functional limitations
that require a reasonable accommodation.

(9) (U) If an authorized official cannot determine the accommodation(s), or the
individual’s disability is not obvious or already known, the Disability Program Manager may
refer the individual to designated medical professional(s) for additional assessment and
reasonable accommodation recommendation(s) at ODNI’s expense (see Appendix B for the
consent form for the release of confidential medical information). ODNI may not request
medical information from an individual or applicant making a reasonable accommodation
request when: (1) both the disability and the need for reasonable accommodation are obvious, or
(2) the individual has already provided ODNI with sufficient information to document the
existence of the disability and the individual’s functional limitations.

(10) (U) An authorized official may select among available reasonable accommodations if
medical professionals present alternatives, but must inform the individual, in writing, of the
reason for the particular selection.

(11) (U) The authorized official, or designee, is the decision-maker for recommendations
provided by the Disability Program Manager for reasonable accommodation.

(12) (U) A re-evaluation of a previously granted accommodation may be initiated with the
Disability Program Manager by an authorized official, or by the individual, when there is a
change in medical condition, a need for additional consideration(s), or a change in business
operations. For example, a change in an organization’s core hours or mission requirements could
trigger a re-evaluation. The requester must provide appropriate written justification and
supporting documentation when requesting re-evaluation of an existing accommodation. The
Disability Program Manager will work with the authorized official and employee or applicant to
address all re-evaluation requests.

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elicit information about a disability. Applicants may be asked about their ability to perform any
or all job functions, to describe their qualifications and skills, and may be asked to describe or
demonstrate how they would perform job tasks, as long as all applicants in the job category are
asked about these matters in the same manner.

(c) (U) During the application process and before a COE, the hiring official may not ask
whether the applicant needs a reasonable accommodation in order to perform applicable job
duties. The exception to this prohibition is when the applicant has a known disability—either
because it is obvious or the applicant has voluntarily disclosed the information—and one could
reasonably believe that the applicant will need a reasonable accommodation. If the applicant
requests a reasonable accommodation, the hiring official may inquire as to the type of
accommodation. Once an applicant requests a reasonable accommodation, the hiring official
must immediately contact the Disability Program Manager for advice and assistance. In order to
facilitate a reasonable accommodation for an applicant, the Disability Program Manager may ask
the applicant to provide additional information, including medical documentation, of their
disability. Hiring officials may not ask for medical documentation and may not store medical
information in the individual’s application records or employee personnel file. Only the

Disability Program Manager is authorized to receive and maintain relevant medical
documentation on file.

(d) (U) Individuals with disabilities who meet initial requirements in order to be
considered for the job, should not be excluded from the application process based upon
speculation that the individual cannot perform the job without an accommodation. The
Disability Program Manager will work with the hiring manager and the applicant to develop an
effective accommodation strategy.

(2) (U) Accommodation following a COE:

(a) (U) Once an individual with a disability has been cleared for employment, an
authorized official may ask the individual whether they will need a reasonable accommodation to
perform the job. Alternatively, the authorized official may ask the individual if they need a
reasonable accommodation, if the individual has a known disability—either because it is obvious
or the individual has voluntarily disclosed the information—and one could reasonably believe
that the individual will need a reasonable accommodation to perform specific job functions. If
the individual states that they need a reasonable accommodation, the authorized official will
immediately contact the Disability Program Manager for advice and assistance.

(b) (U) If the individual has an obvious disability, or voluntarily discloses a disability
that was not raised during the pre-employment medical screening process and requests an
accommodation, the authorized official must contact the Disability Program Manager for
guidance, in order to develop an effective accommodation strategy.

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(U) APPENDIX A

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K. (U) Reasonable Accommodation: A modification or adjustment to a job-related process
(including the job application process), the work environment, or the manner or circumstances
under which the job is customarily performed that enables a qualified individual with a disability
to perform the essential job functions of their position, or to enjoy benefits and privileges of
employment, and does not place an undue hardship on the employer. Reasonable
accommodations can cover most things that enable an individual to apply for a job, perform a
job, or have equal access to the workplace and employee benefits such as kitchen areas, parking
lots, and office events. Reasonable accommodations do not include removal of essential job
functions or provision of personal use items needed outside the workplace, but may include
provision of personal use items to ensure equal access to the workplace. Refer to Section 6.H.
for types of reasonable accommodations and the procedures for requesting a reasonable
accommodation. (Americans with Disabilities Act of 1990)

L. (U) Reassignment: A reasonable accommodation of last resort, that, absent undue
hardship, is provided to ODNI permanent cadre employees who, because of a disability, can no
longer perform the essential functions of their current position, with or without accommodation.
Reassignments are made only to funded vacant positions and for employees who are qualified to
fill the vacant position. Ifthe employee is qualified for the position, the employee will be
reassigned to the job and will not have to compete. (Americans with Disabilities Act of 1990)

M. (U) Service Animals: Service animals are defined as dogs that are individually trained to
do work or perform tasks for people with disabilities. Examples of such work or tasks include
guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and
protecting a person who is having a seizure, reminding a person with mental illness to take
prescribed medications, calming a person with Post Traumatic Stress Disorder during an anxiety
attack, or performing other duties. Service animals are working animals, not pets. The work or
task the dog has been trained to provide must be directly related to the person’s disability. Dogs
whose sole function is to provide comfort or emotional support do not qualify as service animals
under the Americans with Disabilities Act. ODNI may approve the use of Service Animals on
ODNI premises as a reasonable accommodation. (Americans with Disabilities Act of 1990)

N. (U) Targeted disabilities: A subset of conditions that would be considered disabilities
under the Rehabilitation Act. These disabilities include: deafness, blindness, missing
extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation,
mental illness, and distortion of limb and/or spine. (Office of Personnel Management Standard
Form 256)

O. (U) Undue Hardship: Ifa specific kind of accommodation causes significant difficulty
or expense, ODNI may not be able to provide a particular accommodation. Determinations of
undue hardship are always made on a case-by-case basis, considering factors that include the
nature and cost of the required accommodation, the overall resources of ODNI, and the impact of
the accommodation on ODNI operations. (29 CFR. Sec. 1630.2)

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summaries of all counseling sessions, evaluations, meetings, and job offers to the employee. The
documentation must note items discussed, the nature of the accommodation options that were
considered, and resolutions to any pertinent issues. If possible, employees should sign any
counseling sessions or evaluations pertaining to them and should be provided copies for their
records.

P. (U) Denial of a Request for a Reasonable Accommodation
(1) (U) Prior to denying a reasonable accommodation request based on cost, all ODNI

resources must be considered as a whole, excluding those designated by statue for a specific
purpose that does not include reasonable accommodation.

(2) (U) If an individual’s request for an accommodation is denied, the authorized official
will respond to the applicant or employee, in writing and in accessible format if requested, at the
time of denial with the specific reasons for the denial. The notice of denial must include:

(a) (U) Information encouraging the option of voluntary informal dispute resolution;
(b) (U) Information on how to file for reconsideration in accordance with Section 6.Q.;

(c) (U) Information about the individual’s right to file an EEO complaint pursuant to 29
CFR. 1614.106 and invoke other statutory processes as appropriate;

(d) (U) Instructions on how to file an EEO complaint and explain that the individual must
initiate contact with an EEO Counselor within 45 days of the denial, regardless of whether the
applicant or employee participates in the voluntary informal dispute resolution process;

(e) (U) Name and contact information of the authorizing official that made the denial
decision; and

(3) (U) If an individual’s original request for a specific accommodation is denied, and the
authorized official offers an alternative accommodation, the written response, in accessible
format if requested, to the individual will explain the reason(s) for denying the requested
accommodation and the reason(s) the chosen accommodation is deemed effective.

(4) (U) The Disability Program Manager must be notified of the final decision on all
reasonable accommodation requests.

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determine when such information may be released in accordance with applicable statutes.
Specifically, confidential medical information may only be disclosed to:

(a) (U) Supervisors and managers who need to know may be told about necessary
restrictions and about the necessary accommodation(s);

(b) (U) First aid and safety personnel may be told if the disability might require
emergency treatment;

(c) (U) Government officials to investigate the agency’s compliance with the
Rehabilitation Act;

(d) (U) Workers’ compensation offices or insurance carriers; and
(e) (U) ODNI’s EEO officials in order to maintain records.

T. (U) Information Tracking: The Reasonable Accommodations Office shall track
information about the reasonable accommodation process in order to maintain an accurate
record. Such records will be made available to the EEOC upon request and will include, at a
minimum:

(1) (U) The specific reasonable accommodation requested;

(2) (U) The job (occupational series, grade level, and agency component);

(3) (U) Whether the accommodation was needed to apply for a job, perform the essential
functions of a job, or enjoy the benefits and privileges of employment;

(4) (U) Whether the request was granted (which may include an accommodation different
from the one requested) or denied;

(5) (U) The identity of the deciding official;
(6) (U) If denied, the basis for such denial; and

(7) (U) The number of days taken to process the request.

7. (U) RESPONSIBILITIES
A. (U) The COO will:

(1) (U) Provide policy oversight;

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modification does not mean that ODNI considers the individual to be an individual with a
disability or a person who has a record of a disability.

D. (U) Essential Job Functions: Essential job functions are the fundamental duties of a
position the individual holds or desires. A function can be “essential” if, among other things, the
position exists specifically to perform that function, there are a limited number of personnel who
could perform the function, or the function is highly specialized and the individual is hired based
on expertise or ability. The essential functions of a position must be determined on a case-by-
case basis, and must reflect the actual job performed, and not simply the components of a generic
position description. (Americans with Disabilities Act)

E. (U) Extenuating Circumstances: Extenuating circumstances are those which could not
reasonably have been anticipated or avoided in advance of the request for accommodation, or are
outside of ODNI control. These can include situations in which equipment must be back-
ordered, the vendor typically used by ODNI has unexpectedly gone out of business, or the
equipment is not compatible with ODNI security requirements and must be modified for the
classified working environment. When extenuating circumstances are present, the time for
processing a request for a reasonable accommodation and providing the necessary
accommodation will be extended as reasonably necessary.

F. (U) Flexible Work Schedule (FWS): In the case of a full-time employee, there is a basic
80-hour work requirement that allows an employee to determine their own schedule with the
approval of a supervisor. In the case of a part-time employee, there is a basic work requirement
of less than 80 hours that allows an employee to determine their own schedule within limits set
by a supervisor. (ODNI Instruction 73.07)

G. (U) Hiring Official(s): Human Resources and ODNI officers who are involved in the
selection process for ODNI positions.

H. (U) Interactive Process: The process by which the individual requesting an
accommodation and the competent authority involved discuss the request for accommodation,
communicate, exchange information, search for solutions, and consult resources as needed, to
determine whether an accommodation will be provided, and as necessary, to examine potential
alternative accommodations. (Americans with Disabilities Act of 1990)

I. (U) Personal Assistance Services (PAS): PAS provides 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. (29
CFR. Sec.1614.203(d)(5))

J, (U) Qualified Individual: An individual who satisfies the requisite skill, experience,
education, and other job-related requirements of the position such individual holds or seeks, and

who, with or without reasonable accommodation, can perform its essential functions of such
position. (Rehabilitation Act of 1973)

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4, (U) APPLICABILITY

A. (U) This Instruction applies to ODNI permanent cadre employees; ODNI staff reserve (i.e.,
time-limited) cadre employees; Highly Qualified Experts; Intergovernmental Personnel Act
detailees; presidential appointees (collectively, “ODNI personnel” or “individuals”); and
applicants for ODNI employment. In accordance with any relevant agreement by the ODNI and
other government agencies (OGAs), this Instruction also applies to OGA employees providing
service support to the ODNI.

(1) (U) Reasonable accommodations provided for federal civilian detailees will be
coordinated with the detailee’s employing department or agency as described in Section 6.K.

(2) (U) An assignee who may require a reasonable accommodation must request that their
employing department or agency contact the ODNI Disability Program Manager to coordinate
the employing department or agency’s provision of, or payment for, the reasonable
accommodation.

(3) (U) Contractor companies are responsible for providing reasonable accommodations to
contractor personnel as outlined in Section 6.L.

(4) (U) For military detailees, any reasonable accommodation request or requirement for
light or limited duty will be in accordance with the detailee’s Service regulations and coordinated
through that detailee’s respective Service.

B. (VU) This Instruction does not apply to discretionary modifications for conditions which do
not qualify as a disability under the law. Such modifications are not subject to the reasonable
accommodation process under this Instruction, and are executed at management's discretion.

5. (U) DEFINITIONS: For the purposes of this Instruction, the terms used hereinafter are
defined as follows:

A. (U) Authorized Official(s): Deputy Directors, Center Directors, and Heads of
Independent Offices or designees (i.e., the employee’s supervisor or manager, or the component
Chief of Staff or Staff Director).

B. (U) Disability: A physical or mental impairment that substantially limits one or more of
the major life activities of an individual, a record of such impairment, or being regarded as
having such an impairment. (Rehabilitation Act of 1973)

C. (U) Discretionary Modification: An adjustment or alteration granted outside of the
reasonable accommodation process for individuals who do not have a disability, as defined

above. For example, the Disability Program Manager coordinates the provision of scooters to
employees with a temporary condition that limits mobility. The provision of a discretionary

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(a) (U) Absent an extenuating circumstance, the accommodation should be provided as
soon as possible, but no later than 15 business days from the date of the request—if medical
documentation is unnecessary—or five(5) business days from the date of approval. Where the
accommodation is simple and straightforward, the responsible office(s) should provide the
accommodation immediately, absent undue hardship, but must still coordinate with the Disability
Program Manager to ensure proper recording and tracking of the accommodation.

(b) (U) Extenuating circumstances may justify delays beyond the 15 day time period.
The Disability Program Manager will notify the individual or applicant of the reason for a delay
and will keep the individual informed of the expected date the request will be processed. If there
is a delay in processing an approved request, the Disability Program Manager, in concert with
the individual’s supervisor or manager, shall provide interim accommodations that will allow the
individual to perform some or all of the essential functions of the individual’s job, if it is possible
to do so without imposing undue hardship on the agency.

(6) (U) An individual or applicant cannot be compelled to request or accept an
accommodation. However, an individual who refuses the proposed accommodation may not be
qualified to remain in the job if the accommodation is needed to enable the individual to perform
an essential job function or to eliminate a direct threat to the health or wellbeing of the individual
or any other person. It is within the ODNI’s discretion to determine whether an individual who
refuses an accommodation is qualified for an assigned position without such accommodation.

(7) (U) Any questions from ODNI personnel and applicants regarding an approved
reasonable accommodation will be directed to the Disability Program Manager. The Disability
Program Manager will track the processing of requests for reasonable accommodation and will
also serve as the focal point for questions regarding reasonable accommodations, requests for
medical information, implementation of accommodations, and available resources.

O. (U) Reassignment as a Reasonable Accommodation for ODNI Cadre Employees:
This Section applies only to reassignment of ODNI permanent cadre employees. Reassignment
to a vacant position for which an employee is qualified, and not just permission to compete for
such position, is a reasonable accommodation. Staff reserve cadre employees are subject to the
reassignment provisions of ODNI Instruction 77.11.

(1) (U) Reassignment is an accommodation of last resort. Reassignment will only be
considered if no accommodations are available to enable the individual to perform the essential
functions of their current job, or if the only effective accommodation would cause undue
hardship to ODNI. Employees who cannot perform the essential functions of a job, with or
without reasonable accommodation, are deemed not qualified for that job, and will be considered
for reassignment to an equivalent grade vacant position, or if there is not an equivalent grade
vacant position, reassignment to a lower grade vacant position as an accommodation. If there is
more than one vacancy for which the employee is qualified, the employee will be assigned to a
vacant position that is the closest to the employee’s current position in terms of grade, status, etc.
“Vacant” means that the position is available when the employee asks for reasonable

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Q. (U) Reconsideration: Within 10 business days after receiving the initial written decision
on the request, an individual dissatisfied with the resolution of a reasonable accommodation
request may request, in writing, that the COO review the decision. The COO will promptly
review and provide a written response, in accessible format if requested, to the Disability
Program Manager handling the case and the requestor.

R. (U) Formal EEO Processes: An individual who has requested a reasonable
accommodation has the right to file an EEO complaint if the individual believes the denial of the
request was discriminatory. To preserve this right, the individual must contact the ODNI Office
of Equal Employment Opportunity (OEEO) within 45 calendar days of the date of the delay or
denial of an accommodation. For information about EEO rights and responsibilities, as well as
the EEO complaint process, see ODNI Instruction 120.02.

S. (U) Medical Confidentiality Protections

(1) (U) Maintaining confidentiality of medical information is mandatory, and disclosure of
confidential medical information is permitted only in limited circumstances set forth in
applicable laws and regulations. All information pertaining to disabilities, including requests for
reasonable accommodations, the fact that an individual is receiving an accommodation, and
related information, must be protected in accordance with legal requirements, including the
Privacy Act and GINA. Medical confidentiality extends to information that an individual
voluntarily discloses during the reasonable accommodation process.

(2) (U) Barring medical emergencies, applicants and ODNI personnel requesting an
accommodation must provide required medical information directly to the Disability Program
Manager. In exceptional circumstances, when the individual is unable to do so, medical
information may be provided directly to the Disability Program Manager by a medical provider,
designee (e.g. designated representative, spouse, family member, close friend), or another
agency, and must be maintained by the Disability Program Manager separately from non-
medical personnel files.

(3) (U) Medical conditions and medical histories constitute confidential medical records,
and supervisors and managers are not authorized to request, receive, or maintain information
concerning either. Records of sick leave taken or excused absence notes from medical
professionals are not considered confidential medical information, unless the records document
the individual’s diagnosis or symptoms.

(4) (U) The Disability Program Manager will ensure that ODNI systems of recordkeeping
monitor and track the processing of requests for reasonable accommodations and maintain the
confidentiality of medical information received, in accordance with General Records Schedule
Series 2.3, Item 20, or subsequent records retention guidance and applicable laws and
regulations. Absent specific legal authority to release, the Disability Program Manager must
keep medical information of all persons covered by this Instruction confidential at all times. In
consultation with OGC, the Office of Civil Liberties, Privacy, and Transparency (CLPT), and the
Information Management Office (IMO), as necessary, the Disability Program Manager will

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