PROCEDURES FOR PROVIDING

REASONABLE ACCOMMODATION 

FOR INDIVIDUALS WITH DISABILITIES

June 2020
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Smithsonian Institution 

Procedures for Providing Reasonable Accommodation for Individuals with Disabilities

Table of Contents

Introduction ................................................................................. Section I

Scope .......................................................................................... Section II

Authorities .................................................................................... Section III

Definition of Key Terms .................................................................. Section IV

Responsible Offices and Staff ...............................................................Section V

Requests for Accommodation ...............................................................Section VI

Recognizing Requests for Reasonable Accommodation .................................Section VII

The Interactive Process – Selecting a Reasonable Accommodation ....................Section VIII

Funding a Reasonable Accommodation ................................................... Section IX

Reassignment .................................................................................Section X

Requests for Medical Information........................................................... Section XI

Confidentiality Requirements Regarding Medical Information Obtained in the 

Reasonable Accommodation Process.............................................Section XII

Granting a Reasonable Accommodation Request....................................... Section XIII

Denial of a Reasonable Accommodation Request....................................... Section XIV

Time Frames for Processing Requests and Providing Reasonable 

Accommodations.................................................................... Section XV

Informal Dispute Resolution................................................................ Section XVI

Formal Complaints Process................................................................. Section XVII

Information Tracking and Reporting...................................................... Section XVIII

Reasonable Accommodation Resources...................................................Appendix
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Smithsonian Institution 

Procedures for Providing Reasonable Accommodation for Individuals with Disabilities

I. Introduction

The Smithsonian Institution is committed to the provision of reasonable accommodation 

for qualified employees and applicants with disabilities unless to do so would cause undue 

hardship. In addition, requests for personal assistance services (PAS) for individuals with 

targeted disabilities will be processed according to these procedures. 

Reasonable accommodation will be provided in a prompt, fair, and efficient manner. 

The Smithsonian may take steps beyond those required by these reasonable accommodation 

procedures and grant an accommodation even though the Institution may not be legally required 

to do so, on a case-by-case basis. Therefore, the voluntary approval of an accommodation 

request does not necessarily constitute a determination by the Institution that an employee or 

applicant for employment is legally entitled to an accommodation under Section 501 of the 

Rehabilitation Act.

These procedures are intended to improve internal management and do not create any 

right or benefit, substantive or procedural, enforceable at law or equity by a party against the 

Smithsonian Institution, its officers, its employees, or any person. The procedures provide 

guidance and exceptions may occur based upon the circumstances of a particular case. These

procedures and attachments will be provided to employees, affiliated persons, and applicants in 

written and accessible formats that meets the individual’s particular need (e.g., braille, large 

print, etc.) upon request. An accessible format is a format, including The policies and 

procedures in this document do not cover modifications for disabilities or medical 

conditions of family members who are not employees, affiliated persons, or applicants. 

II. Scope

These procedures align with Smithsonian Directive 214, Equal Employment Opportunity

(SD 214) and its associated Equal Opportunity Handbook. The provisions of this document 

apply to all federal and trust employees and applicants for employment at the Smithsonian 

Institution. In addition, the Smithsonian strives to provide reasonable accommodations to all 

affiliated persons (e.g., Interns, Research Associates, Fellows, and Volunteers). For the purposes 

of these procedures, affiliated persons should follow the procedures identified for employees 

(with the exception of reassignment guidelines).

III. Authorities

The following laws, regulations, and directives prohibit discrimination based on

disability:

 Sections 501 and 505 of the Rehabilitation Act of 1973, as amended: This law prohibits 

discrimination against a qualified person with a disability in the federal Government. It also 

requires the Smithsonian to provide reasonable accommodation to qualified employees and 

applicants with disabilities. This law also requires the Smithsonian to engage in affirmative 

action for the hiring and advancement of individuals with disabilities. 
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 Architectural Barriers Act of 1968, as amended: This law requires buildings and facilities 

designed, built, altered, or leased with federal funds to be accessible to and usable by 

individuals with disabilities. 

 Title II of the Genetic Information Nondiscrimination Act of 2008: This law makes it illegal 

to discriminate against employees or applicants because of genetic information, which 

includes information about an individual's genetic tests and the genetic tests of an individual's 

family members, as well as information about any disease, disorder or condition of an 

individual's family members (i.e., an individual's family medical history). 

 Section 29 of the Code of Federal Regulations (CFR), Part 1614: This regulation provides 

the framework for agencies' equal employment opportunity (EEO) programs, including the 

processing of complaints of employment discrimination. It also establishes the procedures for 

developing an EEO counseling system. 

 29 CFR Part 1630: This regulation implements the provisions of the Americans with 

Disabilities Act and the nondiscrimination requirements of Section 501 of the Rehabilitation 

Act. 

 EEOC Management Directive (MD) 110: This directive establishes procedures for 

processing federal-sector complaints of employment discrimination.

 EEOC MD 715: This omnibus directive requires agencies to move toward Model EEO 

Program Status by establishing and reporting on criteria for six essential elements: 

Demonstrated Commitment; Integration of EEO in the Strategic Mission; 

Management/Program Accountability; Proactive Prevention of Unlawful Discrimination; 

Efficiency in EEO Complaints Administration; and Responsiveness/Legal Compliance. 

 Smithsonian Directive 214 (SD 214), Equal Employment Opportunity: This document

provides policies for complying with federal mandates and ensuring equal employment 

opportunity (EEO) for employees of the Smithsonian Institution as well as for affiliated 

persons who do work for the Smithsonian in a status other than that of employee. 

IV. Definition of Key Terms

Essential Functions: The job duties that are so fundamental to the position that the individual 

holds or desires that s/he cannot do the job without performing them or the function is cited as 

part of a critical element in the individual’s Performance Plan. A function can be "essential" if, 

among other things: the position exists specifically to perform that function; there are a limited 

number of other employees who could perform the function; or the function is specialized and 

the individual is hired based on his/her ability to perform it. Determination of the essential 

functions of a position must be done on a case-by-case basis so that they reflect the job as 

actually performed, and not simply the components of a generic position description.
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Individual with a Disability: A person is considered to have a disability if s/he: (1) has a physical 

or mental impairment that substantially limits a major life activity; (2) has a record of a 

substantially limiting impairment; or (3) is regarded as having a substantially limiting 

impairment.

A major life activity is a function that the average person in the general population can perform 

with little or no difficulty. 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. Major life activities may also include the operation of a 

major bodily function, such as 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.

Interactive Process: To determine the appropriate reasonable accommodation it may be 

necessary for the Smithsonian to initiate an informal, interactive process with the individual with 

a disability in need of the accommodation. This process should identify the precise limitations 

resulting from the disability and potential reasonable accommodations that could overcome those 

limitations.

Personal Assistance Services (PAS): Assistance with performing activities of daily living that an 

individual would typically perform if he or she 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 may be provided during work hours and 

job-related travel for individuals with targeted disabilities. PAS must be performed by a personal 

assistance provider. Personal assistance providers may provide services to more than one 

individual and providers may perform tasks unrelated to PAS but only to the extent that doing so 

does not result in failure to provide PAS to individuals in a timely manner.

Qualified Individual with a Disability: An individual with a disability is qualified if (1) s/he 

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

position, and (2) s/he can perform the essential functions of the position, with or without 

reasonable accommodation. 

Reasonable Accommodation: Any change in the work environment or in the way things are 

customarily done that enables a qualified individual with a disability to enjoy equal employment 

opportunities. Examples include, but are not limited to, making existing facilities used by 

employees readily accessible to and usable by individuals with disabilities, the acquisition or 

modification of equipment or devices, job restructuring, the provision of qualified readers or 

interpreters, reassignment, and other similar accommodations for individuals with disabilities.
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Undue Hardship: The Smithsonian does not have to provide a particular accommodation if the 

specific accommodation causes significant difficulty or expense to the Institution. The 

determination of undue hardship is always made on a case-by-case basis, considering factors that 

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

on the operations of the unit or program. See Section VIII for additional information.

V. Responsible Offices and Staff

The Office of Equal Employment and Supplier Diversity (OEESD) monitors the Smithsonian's 

efforts to ensure equal opportunity in hiring, advancement, and other personnel actions among 

employees and applicants with disabilities and oversees the implementation of these procedures. 

To this end, the Reasonable Accommodation Coordinator in OEESD assists managers, 

supervisors, and other Smithsonian staff to provide effective reasonable accommodations to 

individuals with disabilities. In addition, OEESD staff report on the Institution’s provision of 

reasonable accommodations and work with all parties to process and attempt to resolve 

complaints of discrimination on the basis of disability.

The Office of Human Resources (OHR) provides assistance to managers, supervisors, and 

applicants in coordination with OEESD to implement reasonable accommodations, including 

reassignment for individuals with disabilities in accordance with federal regulations. OHR also 

handles requests for accommodation from applicants with assistance from the Reasonable 

Accommodation Coordinator and/or the selecting official.

Office of General Counsel (OGC) provides legal advice, when requested by OEESD, OHR, unit 

personnel manager, supervisor, or other appropriate Smithsonian official, regarding (1) whether 

an employee or an applicant is a "qualified individual with a disability" under the Rehabilitation 

Act, and (2) if the employee or applicant is "a qualified individual with a disability," whether an 

accommodation would impose an "undue hardship" and therefore cannot be granted.

Smithsonian Facilities is responsible for the planning, real-estate management, design and 

construction services of the Smithsonian Institution. This oversight is applicable to all facilityaltering projects in all units, museums, and other Institution organizations. The following SF 

units provide assistance with the reasonable accommodations process: 

 Office of Safety, Health, and Environmental Management through its division of 

Occupational Health Services (OHS) receives and maintains medical information that is 

pertinent to requests for accommodation. OHS reviews employees' medical information 

from employees’ health care providers to identify the nature, severity, and duration of the 

individual's impairment, the activity or activities that the impairment limits, the extent to 

which the impairment limits the individual's ability to perform the activities, and how the 

requested accommodation may assist the employee. OHS communicates directly with 

medical providers to clarify information when information is inadequate or ambiguous

when a written authorization for release of medical information is provided. Upon request 

by OEESD or OGC, OHS provides medical documentation (including diagnosis) 
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provided by employees’ medical providers to facilitate reviews of requests for 

accommodation. OHS does not make legal determinations, such as whether an employee 

is a qualified individual with a disability under the Rehabilitation Act and therefore 

entitled to reasonable accommodation.

 Office of Planning, Design and Construction provides leadership for all Smithsonian 

facility programs as outlined in SD 410, Facility Construction and Improvement Projects. 

This leadership includes planning, budgeting for, designing, constructing, and 

maintaining facilities that are accessible to people with disabilities. 

Office of the Chief Information Officer is responsible for ensuring that electronic data and 

information technology are readily accessible to, and usable by, persons with disabilities. 

Access Smithsonian monitors progress in achieving accessibility in Smithsonian public 

programs; and assists in the accommodation of employees when physical barriers to facilities 

exist. (Note: Guidelines for Access Smithsonian are contained in SD 215, Accessibility for 

People with Disabilities.)

Responsible Officials are responsible for making reasonable accommodations to the known 

physical or mental limitations of a qualified person with a disability upon request. These officials 

also deny the accommodation and document undue hardship using the guidance in Section XIV

when appropriate. Requests for accommodation from employees will be decided by the 

requesting employee's immediate supervisor (unless management identifies another official 

in writing). Responsible Officials are usually the supervisors of employees who request 

accommodations. To this end, they should communicate, early in the interactive process and 

periodically throughout the process, with individuals who have requested a reasonable 

accommodation. Responsible officials may coordinate requests for accommodations with 

OEESD, OHR, unit HR Liaisons, and/or OGC. They should send information to OEESD for 

tracking timeframes and outcomes when OEESD did not provide assistance during the process.

Units sponsoring a meeting, training, or program are responsible for providing and funding 

accommodations related to the unit’s events.

VI. Requests for Accommodation

An individual may request a reasonable accommodation orally or in writing at any time. 

The individual does not need to have a particular accommodation in mind before making a 

request. A request does not have to include any special words, such as "reasonable 

accommodation," "disability," or "Rehabilitation Act." 

An employee may make or submit a request to the first-line supervisor, another 

supervisor or manager in the immediate chain of command, or the Reasonable Accommodation 

Coordinator. An employee may also provide medical documentation to Occupational Health 

Services. An applicant may make or submit a request to the Human Resources Specialist 
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responsible for the position, the selecting official of the position, or the Reasonable 

Accommodation Coordinator. If an approved accommodation is needed on a recurring basis, the 

employee needs only to provide notice when a subsequent need arises.

Though not a requirement to initiate the process, employees seeking an accommodation 

are asked to follow up requests with a written confirmation, such as email. Written confirmation 

enhances communication and facilitates record-keeping of requests for accommodation. The 

Smithsonian will begin processing the request as soon as it is made, whether or not written

confirmation has been provided.

A family member, health professional, or other representative may request an 

accommodation on behalf of an employee or applicant (however the discussions about 

accommodation will always be with the employee unless s/he is incapacitated and cannot 

participate adequately). The request should be made to the same person(s) to whom the 

employee or applicant would make the request. Any Smithsonian employee or applicant may 

consult the Reasonable Accommodation Coordinator in OEESD for further information or 

assistance with requesting or processing a request for accommodation.

VII. Recognizing Requests for Reasonable Accommodations 

An employee’s request for reasonable accommodation may include a request for a change 

in policy, practice, work modification, or other assistance that relates to the employee’s 

employment because of his or her medical condition. Supervisors are often the first people 

employees contact when making requests for accommodation. An applicant’s request for 

reasonable accommodation may include a request for a change in the interview process or 

location, or other assistance because of their medical condition. To assist in recognizing a request 

for an accommodation, the Deciding Official should consider the following questions:

 Is the employee talking about some type of medical condition that is impacting his or her 

work?

 Has the employee mentioned some sort of physical/intellectual/psychiatric challenge that 

is impacting his or her work?

 Is the employee requesting an adjustment or change to the workplace?

 Has the employee openly disclosed a disability, medical condition, or medication?

 Has the employee stated that he or she needs assistance performing a job function?

 Has a family member, friend, healthcare provider, or other representative requested an 

accommodation on his or her behalf?

 Is the applicant talking about some type of medical condition that impacts their ability to 

attend the interview where it is currently held or how it is currently structured?

 Has the applicant requested an adjustment or change to the interview location or 

situation?
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VIII. The Interactive Process - Selecting a Reasonable Accommodation

The individual requesting the accommodation and the Responsible Official should talk to 

each other about the request, the process for determining whether an accommodation will be 

provided, and potential accommodations. Communication is a priority throughout the entire 

process. The Responsible Official will have the principal responsibility for identifying possible 

accommodations. S/he will take a proactive approach in searching out and considering possible 

accommodations, including consulting appropriate resources for assistance. The employee 

(and/or the employee’s representative) should also participate to the extent possible in helping to 

identify an effective accommodation. Resources that are available to help both the Responsible 

Official and the individual requesting the accommodation to identify possible accommodations 

are listed in the Appendix. The Reasonable Accommodation Coordinator is also available to 

provide assistance.

As an initial step, the Responsible Official should contact the Reasonable 

Accommodation Coordinator to receive guidance and assistance in the accommodations process. 

The Responsible Official should (1) explain to the applicant or employee that s/he will be 

making the decision on the request, and (2) describe what will happen in the processing of the 

request. This initial discussion should happen as soon as possible. When a request for 

accommodation is made by a third party, the Responsible Official should, if possible, confirm 

with the individual with a disability that s/he, in fact, wants an accommodation before 

proceeding. It may not be possible to confirm the request if the employee has, for example, been 

hospitalized in an acute condition. In this situation, the Smithsonian will process the third party's 

request and will consult directly with the individual needing the accommodation as soon as it is 

practicable. 

Ongoing communication is particularly important when the specific limitation, problem, 

or barrier is unclear, when an effective accommodation is not obvious, or when the parties are 

considering different possible accommodations. The Reasonable Accommodation Coordinator

may facilitate these discussions. Any Smithsonian official who receives information in 

connection with a request for accommodation may share information connected with that request 

with other agency officials only when the agency officials need the information in order to make 

determinations on an accommodation request or provide advice on the handling of such requests. 

(See Section XI for specific guidelines governing the confidentiality of medical information.) 

The Responsible Official makes the final determination of a reasonable accommodation. The 

Smithsonian does not have to provide the accommodation that was initially requested; however, 

the accommodation must allow the employee to perform the essential functions of the job.

IX. Funding a Reasonable Accommodation

Units are responsible for funding reasonable accommodations for their employees. The

unit sponsoring a meeting, training, or program is responsible for providing and funding 

accommodations related to its event. When internal funding is not available, the Smithsonian 

Central Accommodation Fund is available to provide assistance to units that are unable to budget 
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in advance for the requested accommodation. Responsible Officials should contact the 

Reasonable Accommodations Coordinator to request assistance with this fund. Units may also

submit a written request for additional funds to the Under Secretary’s office to which the Unit

reports.

If a Responsible Official believes s/he is unable to accommodate, s/he must contact the 

OEESD before denying the employee’s request for accommodation. All determinations of undue 

hardship will be reviewed by OEESD in consultation with OGC before notification is sent to the 

employee. If the requested accommodation constitutes an undue hardship, the Responsible 

Official and the individual with a disability must attempt to identify another alternative that 

would not impose such a hardship. In addition, if the cost of an accommodation would impose an 

undue hardship, the individual with a disability will be given the option of providing an 

accommodation or paying that portion of the costs that constitutes an undue hardship.

X. Reassignment

Reassignment will only be considered for employees (not applicants) if no reasonable 

accommodations are available that will enable the individual to perform his/her current job, or if 

the only effective accommodation would cause undue hardship. The Smithsonian must consider 

reassignment to a vacant, funded position that is equivalent to the employee's current job in 

terms of pay, status, and other relevant factors for which the employee is qualified with or 

without reasonable accommodation. Reassignment means that an employee may be placed in a 

vacant, funded position for which the individual is qualified, without having to compete for that 

job. The Smithsonian is not obligated to create a position for the purpose of reassignment, and 

reassignment does not extend the probationary period or change the tenure status. Positions at a 

higher grade level or with a higher promotion potential than currently held will not be considered 

for non-competitive reassignment as a reasonable accommodation, although employees seeking 

reasonable accommodation may choose to apply for higher-graded positions through the 

competitive hiring process. Note: The inability to work for a particular supervisor is not a 

disability.

The Office of Human Resources manages the reassignment process. In considering 

whether there are positions available for reassignment without competition, OHR will work with 

the employing unit’s Human Resources Liaison, the Responsible Official (e.g., supervisor), the 

employee needing reassignment, and the Reasonable Accommodation Coordinator as 

appropriate. Vacant, funded positions that have not yet been advertised, as well as positions that 

are no longer being advertised but for which no hiring decision has yet been made, should be 

reviewed as appropriate. The process will include the following:

 The unit that currently employs the employee (i.e., museum research institute, or 

office) should review all vacant, funded positions in coordination with OHR. If 

the employing unit identifies a position at a lower grade level, it must be kept 

vacant until the Office Human Resources conducts an Institution-wide search for 

positions at employee’s current grade level.
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 If there is no vacant, grade-equivalent position in the employing unit, OHR 

conducts an Institution-wide search for positions for 60 days.

 Federal employees are eligible for federal vacancies. To be reassigned to trust 

vacancies, federal employees must choose to resign or retire (if eligible) from 

their federal positions. Trust employees are eligible only for trust vacancies.

 OHR will work with the Responsible Official to notify the employee of a 

reassignment offer. Once a reassignment offer has been made, the employee has 

up to 5 business days to accept or decline the offer.

 If no vacant positions for which the employee is qualified are available, OHR will 

work with the Responsible Official to issue the employee a proposal letter

explaining why reassignment as a reasonable accommodation could not be 

provided.

 OHR will maintain a record of the vacancy search being conducted.

OHR may ask the employee to update his/her resume or provide a brief description of 

current skills and accomplishments. Smithsonian Directive 212, Chapter 531, “Pay Setting Under 

the General Schedule,” provides pay retention if the employee is reassigned to lower-graded 

position pursuant to the Rehabilitation Act or pursuant to 5 CFR 353.301 due to a compensable

injury.” Reassignment may be made to a vacant position outside of the employee's commuting 

area if the employee is willing to relocate. As with other transfers not required by management, 

SI will not pay for the employee's relocation costs.

XI. Requests for Medical Information

The Smithsonian is entitled to know that an employee or applicant is an individual with a 

disability under the Rehabilitation Act. In some cases, the disability and need for accommodation 

will be obvious or the disability and need for accommodation may already be known. Otherwise, 

the Smithsonian, through the supervisor, may require that the individual provide documentation 

about his or her mental or physical impairment and how that impairment may limit major life 

activities. The Responsible Official, with assistance from their unit HR Liaison or OEESD, will 

request documentation regarding impairment(s) and any limitations on major life activities from 

the physician, psychiatrist, or other appropriate medical practitioner(s). This information must be 

provided at the individual’s expense before the Institution considers providing an 

accommodation. The Smithsonian may also require that an examination be conducted by the 

Smithsonian’s designated physician at the Institution’s expense.

 Requests for medical information describe the nature of the job, the essential functions the 

individual is expected to perform, and any other relevant information. A copy of the position 

description is attached to, and referenced in, the request. Medical documentation must be 

returned to OHS (not the supervisor). The Smithsonian has the right to request relevant 

supplemental medical information if the medical documentation submitted does not clearly 

explain the nature of the disability, or the need for reasonable accommodation, or does not 
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otherwise clarify how the requested accommodation will assist the employee to perform the 

essential functions of the job or to enjoy the benefits and privileges of the workplace or, in the 

case of an applicant, assist him or her with the application process, then OHS may consult with 

the medical practitioner to clarify information. The Smithsonian has the right to have medical 

information reviewed by a medical expert of the Institution’s choosing at the Institution’s 

expense. When requested by OEESD or OGC, OHS will disclose the requested medical 

information and documentation (including diagnosis and prognosis) to facilitate the legal review 

of the request. 

The Genetic Information Nondisclosure Act of 2008 (GINA) prohibits employers and 

other entities covered by GINA Title II from requesting or requiring genetic information of an 

individual or family member of the individual, except as specifically allowed by this law. To 

comply with this law, employees and their medical providers should not provide any genetic 

information when responding to requests for medical information. “Genetic Information,” as 

defined by GINA, includes an individual’s family medical history, the results of an individual’s 

or family member’s genetic tests, the fact that an individual or an individual’s family member 

sought or received genetic services, and genetic information of a fetus carried by an individual or 

an individual’s family member or an embryo lawfully held by an individual or family member 

receiving assistive reproductive services. See 29 C.F.R. 1635.8(b)(1)(i)(B).

The failure to provide appropriate documentation or to cooperate in the 

Smithsonian’s efforts to obtain such documentation can result in the denial of a requested 

accommodation.

XII. Confidentiality Requirements Regarding Medical Information Obtained in the 

Reasonable Accommodation Process

OHS maintains custody of all medical records and responds to all requests for disclosure 

of the records obtained during the processing of a request for accommodation. Any Smithsonian 

employee who receives or obtains medical information during the reasonable accommodation 

process must keep that information confidential. All medical information must be kept in files 

separate from the individual's personnel file. Other than to OEESD or OGC, this information 

may be disclosed only as follows: 

 Supervisors or selecting officials involved in the selection process or responsible for 

affirmative action may be informed that an applicant is eligible under special appointing 

authority for individuals with disabilities;

 Supervisors, LER, and unit HR liaisons may be informed of restrictions on work or duties 

and accommodations as appropriate;

 Emergency and safety personnel may be informed, when appropriate, if the disability 

might require emergency treatment; and
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 Government officials investigating compliance with laws, regulations, and instructions 

relevant to equal employment opportunity and affirmative action for individuals with 

disabilities shall be provided information upon request.

Whenever medical information is disclosed, the recipients must be informed of the 

confidentiality requirements. 

XIII. Granting an Accommodation Request

When the Responsible Official determines that a reasonable accommodation will be 

provided, the final decision should be communicated to the individual in writing with a copy to 

the Reasonable Accommodation Coordinator. If the accommodation cannot be provided 

immediately, the Responsible Official must inform the individual of the projected time frame for 

providing the accommodation. 

XIV. Denial of Accommodation Request

When a determination has been made that a request for accommodation will be denied, 

the Responsible Official must inform the individual who requested the accommodation in writing 

using a memorandum, email, or the "Denial of Request" form. The explanation for the denial 

should be written in plain language, clearly stating the specific reasons for the denial. As 

appropriate, the denial should state the following:

 The reasons the accommodation would not be effective.

 The reason that providing the accommodation would result in undue hardship. Before 

deciding that an accommodation request will be denied, the Responsible Official

must consult with the OEESD and explore whether other effective 

accommodations exist that would not impose undue hardship.

 Medical documentation is inadequate to establish that the individual has a disability 

under the Rehabilitation Act and/or needs a reasonable accommodation. 

 The accommodation would require the removal of an essential function. 

 The requested accommodation would require the lowering of a performance or 

production standard. 

The written notice of denial also informs the individual that s/he has the right to file an 

EEO complaint and may have rights to pursue a grievance. The notice also explains the 

Smithsonian's procedures for informal dispute resolution.
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XV. Time Frames for Processing Requests and Providing Reasonable Accommodations

The Smithsonian will process requests for accommodation and provide reasonable 

accommodations in as short a time frame as possible. Timeframes begin to run from the date of a 

written or oral request. The time necessary to process a request will depend on the nature of the 

accommodation requested and whether it is necessary to obtain supporting information. The time 

frames below identify the maximum amounts of time to provide reasonable accommodation or 

deny the request. When reasonable accommodation can be provided in less than the maximum 

time frame, failure to provide accommodation in a prompt manner may result in a violation of 

the Rehabilitation Act. Responsible Officials should expedite the processing of requests for 

reasonable accommodation that are needed sooner than the maximum allowable time frames 

identified in these procedures. Smithsonian officials who receive written or oral requests for 

accommodation must refer the request to the designated Responsible Official as soon as possible, 

but no more 7 calendar days to allow timely processing of the request. Responsible Officials 

should try to make decisions sooner whenever possible. When all the facts and circumstances 

known to the Smithsonian make it reasonably likely that an individual will be entitled to a 

reasonable accommodation, but the accommodation cannot be provided immediately, the agency 

shall provide an interim accommodation that allows the individual to perform some or all of the 

essential functions of his or her job, if it is possible to do so without imposing undue hardship.

All Responsible Officials must have designated back-ups to receive and process requests 

for accommodation and provide reasonable accommodations when the Responsible Official is 

unavailable. Responsible Officials should ensure that individuals know who have been 

designated as back-up. The time frames will not be suspended or extended because of the 

unavailability of a Responsible Official. 

A. Fewer than 30 Calendar Days: In certain circumstances, Responsible Officials should 

move as quickly as possible to make decisions. Examples: 

 For applicants, depending on the timetable for receiving applications, conducting 

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

a request for accommodation to ensure that an applicant with a disability has an equal 

opportunity to apply for a job. 

 To enable an employee to attend a meeting scheduled to occur shortly, such as when 

an employee may need a sign language interpreter for a meeting scheduled to take 

place in 3 days. 

B. 30 Calendar Days: If a request for an accommodation can be processed without 

supporting medical information and there are no extenuating circumstances (see below), the 

request shall be processed within 30 calendar days from the date the Responsible Official

receives the request (orally or in writing). Such processing includes the provision of the 
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accommodation, the identification of another reasonable accommodation (as a result of the 

interactive process), or a written denial of the request (see Section XIV). These actions should be 

taken in consultation with the Reasonable Accommodation Coordinator and/or OGC. Since 

Responsible Officials may need the full 30 calendar days to engage in the interactive process and 

collect all relevant information about possible accommodations, they should not delay beginning 

this process. Failure to meet this time frame solely because a Responsible Official delayed 

processing the request is not an extenuating circumstance. This time frame includes requests 

using the Computer/Electronic Accommodations Program (CAP). Example:

 A supervisor distributes detailed agendas at the beginning of each staff meeting. An 

employee with a learning disability asks that the agenda be distributed ahead of time 

because the disability makes it difficult to read and he needs more time to prepare.

C. 30 Calendar Days Plus Time for Medical Documentation: If medical information is 

needed to determine whether the requesting applicant or employee is an individual with a 

disability under the Rehabilitation Act and/or to determine a reasonable accommodation, the 

Responsible Official will give the employee a “Request for Medical Information” and an 

“Authorization for Release of Medical Information” within 14 calendar days of the request for 

accommodation. (Copies are attached. Please contact your supervisor or the Reasonable 

Accommodations Coordinated for alternate formats.) The employee should ensure that the 

medical documentation is received by OHS within 15 calendar days. 

Once medical documentation is requested by the Responsible Official, the time period is 

stayed until medical documentation is received in OHS. OHS forwards restrictions and 

recommendations for accommodations to the Responsible Official, who should make a decision

as soon as possible but no more than 14 calendar days after receipt of this information.

Examples of accommodation requests for which medical documentation may be 

necessary include:

 An employee with diabetes who sits in an open area asks for four breaks a day to test 

her blood sugar levels so that she may do these tests in private.

 An employee who takes anti-depressants which make it hard for her to arrive at the 

office by 9:00 AM requests an adjustment to her schedule. 

D. Extenuating Circumstances: These are factors that could not reasonably have been 

anticipated or avoided in advance of the request for accommodation. When extenuating 

circumstances are present, the time for processing a request for accommodation and providing a 

reasonable accommodation will be extended as necessary. Extensions based on extenuating 

circumstances should be limited to situations in which they are strictly necessary and must be 

discussed with the Reasonable Accommodation Coordinator in advance. All Smithsonian staff 

are expected to act as quickly as reasonably possible in processing requests for accommodations 
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and providing reasonable accommodations. The following are examples of extenuating 

circumstances: 

 The purchase of equipment may take longer than 30 calendar days because of 

contracting requirements under the Federal Acquisition Regulation.

 Equipment is back-ordered or the vendor cannot promptly supply the needed goods or 

services and another vendor is not immediately available. 

 The employee with a disability needs to try working with equipment on a trial basis to 

ensure that it is effective. 

 Services must be contracted for an accommodation that involves the removal of 

architectural barriers.

Where extenuating circumstances are present, the Responsible Official must notify the 

individual of the reason for the delay and the approximate date on which a decision or provision 

of the reasonable accommodation is expected. Any further developments or changes should also 

be communicated promptly to the individual.

If there is a delay in providing an accommodation that has been approved, the 

Smithsonian will provide the individual with an interim accommodation that allows the 

individual to perform some or all of the essential functions of the job, absent undue hardship. 

If a delay is attributable to the need to obtain or evaluate medical documentation and the 

Smithsonian has not yet determined that the individual is entitled to an accommodation, the 

Smithsonian may provide an accommodation on a temporary basis. In such a case, the 

Responsible Official will notify the individual in writing that the accommodation is being 

provided on a temporary basis pending a decision on the accommodation request. 

Responsible Officials who approve such temporary measures are responsible for assuring 

that they do not take the place of a permanent reasonable accommodation and that all necessary 

steps to secure the permanent reasonable accommodation are being taken. 

XVI. Informal Dispute Resolution

Individuals with disabilities can request prompt reconsideration of a denial of 

accommodation by using the following informal dispute resolution process: 

 The employee or applicant should first ask the Responsible Official to reconsider the 

decision. The individual may present additional information in support of his/her 

request. The Responsible Official will respond in writing to the request for 

reconsideration within seven calendar days. 
17

 If the Responsible Official does not reverse the decision, the individual can ask the 

next-level supervisor to do so within five calendar days. The next-level supervisor 

will respond in writing to this request within fourteen days. 

Pursuing the informal dispute resolution procedures identified above does not 

satisfy the requirements of or stop the time limits for bringing a claim under the EEO 

complaint process and/or the MSPB or union grievance procedures. However, once one of 

these procedures is initiated, the informal dispute process cannot be used.

XVII. Formal EEO Complaints Process

The informal dispute resolution process described above is in addition to the EEO 

complaint process, including mediation, and MSPB and grievance procedures available to 

Smithsonian employees and applicants. Denials of accommodation must be in writing and 

include notice that, if the individual wishes to pursue the EEO complaint process, s/he must do 

so within 45 calendar days of the receipt of the denial, even if s/he is also participating in the 

agency’s informal dispute resolution process. To initiate the EEO complaint process, the 

individual must contact an EEO counselor in OEESD within 45 calendar days from the date of 

receipt of the written notice of denial. 

XVIII. Information Tracking and Reporting

The Reasonable Accommodation Coordinator in OEESD will track and report 

information on the provision of reasonable accommodations throughout the Smithsonian in 

consultation with Responsible Officials. To track requests for accommodation, employees and 

applicants may contact the Responsible Official or the Reasonable Accommodations 

Coordinator.

The Reasonable Accommodation Coordinator will maintain these records for the longer 

of the employee's tenure with the Smithsonian or three years. The Reasonable Accommodation 

Coordinator will prepare an annual report to evaluate the Institution’s performance in responding 

to requests for accommodation. The report will contain the following information: 

 the number of accommodations requested by employees and applicants;

 whether those requests have been granted or denied;

 the types of accommodations requested;

 the reasons for denial of requests for accommodation; 

 the amount of time taken to process each request for accommodation; and

 the sources of technical assistance consulted in trying to identify possible reasonable 

accommodations.
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In addition, the report will provide a qualitative assessment of the Smithsonian's 

reasonable accommodation program, including any recommendations for improvement of the 

Institution's reasonable accommodation policies and procedures. 

Appendix - Reasonable Accommodation Resources

Smithsonian Institution Office of Equal Employment and Supplier Diversity (OEESD)

www.si.edu/OEEMA; 202-633-6430; 

 Assistance with reasonable accommodations matters; OEESD-Accommodations@si.edu.

 Alternative Dispute Resolution for mediation assistance in dispute resolution; EEOComplaint@si.edu

 SI EEO Counselor and The EEO Complaint Process for initiating an EEO Complaint;

EEO-Complaint@si.edu

Equal Employment Opportunity Commission (EEOC)

www.eeoc.gov

The EEOC provides resource materials on their website, including but not limited to 

EEOC Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of 

Employees Under the Americans with Disabilities Act (July 27 2000), and EEOC Enforcement 

Guidance: Reasonable Accommodation and Undue Hardship Under the Americans With 

Disabilities Act (October 17, 2002). Both documents address frequently-asked questions 

regarding provision of reasonable accommodation and related issues, including when and what 

type of medical documentation may be solicited by an agency in support of an accommodation 

request, the confidentiality protections applicable to accommodation requests and medical 

information, and the circumstances in which undue delay in providing reasonable 

accommodation may violate the Rehabilitation Act. 

Computer/Electronic Accommodations Program (CAP)

703-614-8416 (Voice)

571-384-5629 (Videophone)

www.cap.mil

Through an agreement with the Smithsonian Institution, the Department of Defense=s 

Computer/Electronic Accommodations Program provides a wide variety of assistive technology 

devices and services for people with disabilities. Frequently requested accommodation 

solutions include videophones, captioning for training videos, print enlargers, screen readers, 

alternative keyboards, pointing devices, and speech recognition software. These 

accommodations are provided at no cost to the Smithsonian.

The CAP Technology Evaluation Center (CAPTEC) contains several computer 

workstations equipped with a wide variety of technology designed to accommodate persons with 

disabilities. CAPTEC is available to Smithsonian employees and their supervisors so that they 

can evaluate and become familiar with assistive technology and facilitate the process of choosing 

the appropriate equipment.
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Job Accommodation Network (JAN)

800-526-7234 (Voice)

https://askjan.org/

The Job Accommodation Network (JAN) is the leading source of free, expert, and 

confidential guidance on workplace accommodations and disability employment issues.

ADA Disability and Business Technical Assistance Centers (DBTACs) 

(800) 949-4232 Voice/TTY 

The DBTACs consist of 10 federally funded regional centers that provide information, training, 

and technical assistance on the ADA. Each center works with local businesses and disability, 

governmental, rehabilitation, and other professional networks to provide current ADA 

information and assistance. The DBTACs can provide information on reasonable 

accommodation and make referrals to local sources of expertise in reasonable accommodation.

Registry of Interpreters for the Deaf

(301) 608-0050 (Voice/TTY)

The Registry offers information on locating and using interpreters and transliteration 

services.
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DENIAL OF ACCOMMODATION REQUEST

(Use separate sheet of paper, as necessary)

1. Name of individual requesting accommodation:

2. Date accommodation was requested:

3. Accommodation(s) requested:

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

__ Individual not considered disabled under the Rehabilitation Act

__ Accommodation would Cause Undue Hardship 

__ Medical Documentation Inadequate 

__ Individual is Unable to Perform Essential Functions with or without Accommodation 

__ Accommodation would Require Lowering of Performance or Production Standard 

__ Other (Please identify): ______________________ 

5. Detailed reason(s) for the denial of accommodation (e.g., why accommodation is ineffective or causes 

undue hardship): 

6. To request reconsideration of this decision, an employee/applicant may take the following steps:

 First, ask the Responsible Smithsonian Official to reconsider his/her denial. The Responsible Smithsonian 

official should respond within 7 calendar days.

 If the individual disagrees with the reconsideration, s/he may ask the second-level supervisor to review the 

decision within 5 calendar days. A response should be provided within 14 days.

7. If an individual wishes to file an EEO complaint, an MSPB appeal, or a union grievance, s/he must take the 

following steps: 

 For an EEO complaint pursuant to 29 CFR 1614, contact an EEO counselor in the Office of Equal 

Opportunity within 45 days from the date of this notice of denial of reasonable accommodation; or

 A grievance may be filed in accordance with the provisions of the Collective Bargaining Agreement within 

20 calendar days for AFGE or 15 working days for UFCWU.

Responsible Smithsonian Official’s Name: ________________________________

Responsible Smithsonian Official’s Signature: ___________________________ Date: _______________
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Request for Medical Information Form From Physician

(Please use additional sheets, if necessary)

The Genetic Information Nondisclosure Act of 2008 (GINA) prohibits employers and other entities covered by 

GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, 

except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic 

information when responding to this request for medical information. ‘Genetic Information’ as defined by GINA, 

includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the 

fact that an individual or an individual’s family member sought or received genetic services, and genetic information 

of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or 

family member receiving assistive reproductive services. 29 C.F.R. 1635.8(b)(1)(i)(B).

Employee’s Name and Title: NAME, Title

Issued By: Supervisor’s NAME, Title

 

1. What is the diagnosis and when did symptoms begin? (Please include current conditions and any 

impairments that are episodic or in remission if they substantially limit a major life activity when active as 

they relate to this request only.)

2. (a) Does the patient’s condition affect major life activities (such as caring for oneself, performing manual 

tasks, walking, seeing, hearing, speaking, breathing, learning, and working)? (b) If so, please assess the 

severity of the restrictions and explain how they compare to the ability of the average person in the general 

population to perform the activity.

3. What work restrictions or accommodations do you recommend, if any? For Security Guards, please 

consider whether the employee is able to perform security and critical life-safety operations, 

including use of force and weapons (i.e. firearms and CPR).

4. If you are recommending work restrictions or accommodations, are they permanent? If not, please 

indicate the date that you expect a return to full duty. 

5. Comments:

__________________________________________________________________

Physician’s Signature Date

__________________________________________________________________

Physician’s typed name and address
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Smithsonian Institution

Office of Safety and Environmental Management

Occupational Health Services Division

Authorization for Release of Medical Information for Requests for Accommodation 

to Smithsonian Occupational Health Services (OHS)

I, Employee’s Name, hereby authorize my health care providers listed below to provide medical 

documentation and information, including diagnosis and prognosis, related to the attached 

"Request for Medical Information" form. I understand that this information will be used by the 

Smithsonian, as necessary, for the purpose of determining whether I am entitled to a reasonable 

accommodation under the Rehabilitation Act of 1973, as amended. I further authorize officials 

from OHS to contact the identified health care providers as necessary for this purpose. I 

understand that medical information will be maintained in accordance with the Rehabilitation 

Act.

My health care providers: (please list name, address, and phone number)

1. ________________________________________________________

2. ________________________________________________________

3. ________________________________________________________

4. ________________________________________________________

5. ________________________________________________________

Signature __________________________________________________

Date ______________________

Identity of individual authorizing release witnessed by:

Signature __________________________________________________

Date ______________________