Purpose:

This desk guide can be used as a supplement with the FSIS
Directive 4306.2 Reasonable Accommodation and Accessibility for
People with Disabilities.

Reasonable Accommodation (RA) - Defined:

The term Reasonable Accommodation (RA) refers to the modifica-
tion of the job application process, work environment, or manner
in which the duties of a position are customarily performed to
enable a qualified person with a disability (PWD) to enjoy equal
employment opportunities.

RAs may include:

+ altering existing facilities used by employees to make
them readily accessible and usable by persons with
disabilities;

* — restructuring certain jobs;

* allowing part-time or modified work schedules;

* making adjustments or modification to testing or train-
ing materials or policies;

* providing qualified readers or interpreters; or

* reassigning personnel to vacant positions.

Person with a disability (PWD) - Defined:

A person with a disibility (PWD) is defined by the Americans with
Disabilities Act Amendments Act (ADAAA) as a person who:

1. has a physical or mental impairment that substantially
limits one or more of the major life activities; or

2. has a record of such an impairment; or

3. is regarded as having such an impairment.

For the purpose of obtaining Reasonable Accommodations under
the definition of a person with a disability, ONLY persons with

a disability who are covered by Parts | and/or Part 2 above can
qualify for Reasonable Accommodations.

The Laws - Defined:

The Rehabilitation Act of 1973, the Americans with Disabilities
Act (ADA) of 1990, and its revisions, the Americans with
Disabilities Act Amendments Act (ADAAA) of 2008, requires that
accommodations be provided to employees and applicants with
disabilities to enable them to perform essential functions of the job
and to be afforded equal access to the benefits and privileges of
employment, or participate in the application process.

Participants in a RA- Defined:

A number of people may be part of the RA process including, but
not limited to, the following:

* Members of the employee’s family (with the
employee’s consent);

* — Rehabilitation Counselor;

* Disability Employment Program Coordinator (DEPC)
in HRO, Minneapolis;

+ Reasonable Accommodation Adviser (RAA) in
Headquarters (WO);

* Human Resources Operations (HRO); or

° Employee representative (e.g., union representative).

Overview of the Process for Requesting a Reasonable
Accommodation:

STEP 1: MAKING THE RA REQUEST

The employee initiates the request for an RA; participates in the
interactive process or designates a representative to do so; and
provides medical documentation; as requested.

*  Arequest for an RA may come from an employee,
an applicant for employment, an employee’s or appli-
cant’s family member, health professional, immediate
supervisor, co-worker, or other representative.

* The employee makes the request for an RA to his or
her supervisor, either orally or in writing.

* The employee provides medical information and
documentation directly to the Disability Employment
Program Coordinator (DEPC), when needed.

STEP 2: PROCESSING AND EVALUATING THE RA
REQUEST

The RA, whether orally or in writing, can be given to the
employee’s first- or second-line supervisor, or the FSIS Disability
Employment Program Coordinator (DEPC) of the Human
Resources Operations (HRO) in Minneapolis.

If a job applicant is making the request, he/she gives it to the
contact individual listed in the vacancy announcement to which
a candidate for employment is applying. After determination of
eligibility for an RA under the ADAAA is made by the DEPC,
the responsibility for providing the accommodation for the job
application process rests with Human Resources Operations
(HRO) or the interviewing official.



‘onfidentiality Requirements

process.

Useful Web Sites

Disability Information
iGovernment

[ADA Home Page

[Department of Labor, Office of
Disability Employment Policy

Job Accommodation Network (JAN)

|U.S. Office of Personnel Management:
Disability

|U.S. Equal Employment Opportunity
\Commission

August 2009

identiality applies to all aspects of the RA process,
Il participants involved and all medical information obtained in

including

www.disabilityinfo.gov

www.ada.gov

www.dol.gov/odep

www,jan.edu

www.opm.gov/disability

www.eeoc.gov/policy

Washington, D.C.

LABOR AND EMPLOYEE RELATIONS DIVISION

Desk Guide

United States Department of Agriculture (USDA)
Food Safety and Inspection Service (FSIS)



RA Request is provided to the Supervisor- Supervisor’s
responsibility:

Receives, processes, and documents the RA request;
Participates in the interactive process;

Maintains confidentiality; and

Forwards the request to the DEPC in HRO for
determination.

RA request is forwarded to the FSIS Disability Employment
Program Coordinator (DEPC):

FSIS Disability Employment Program Coordinator
Human Resources Operations

Food Safety and Inspection Service

100 North 6th Street, Suite 420C

Minneapolis, MN 55403

1-800-370-3747 612-659-8567

DEPC’s responsibility:

+ — Receives, documents and processes RA requests;

* — Requests and reviews the medical documentation and
consults with the Medical Officer when making
determination based on medical documentation;

+ Determines whether the individual qualifies as a PWD
under the ADAAA;

* Notifies the employee and supervisor in writing of the
decision and any appeal rights to the RAA; and

* Advises managers and supervisors regarding their
rights and responsibilities under the ADAAA regarding
RA requests.

STEP 3: GRANTING (APPROVAL) OF A RA REQUEST

‘The Supervisor:

* Considers the essential functions of the job and whether
the RA request can be granted;

+ Approves and provides the accommodation;

+ Uses an interactive process with the employee, to
implement and monitor the effectiveness of the RA.

Reassignment: Executive Order 13164 stipulates that reassign-
ment will be considered as a Reasonable Accommodation if the
agency determines that no other Reasonable Accommodation will
permit the employee with a disability to perform the essential func-
tion of his or her current position.

STEP 4: DENIAL OF AN RA REQUEST

* — The decision for denial shall be communicated to the
requestor. The explanation for the denial should clearly
state the specific reasons for the denial.

* The denial notice will also state the right to file an
appeal to the Reasonable Accommodation Adviser
(RAA), or possible rights to pursue a union grievance,
file an Equal Employment Opportunity complaint, or
file a Merit System Protection Board complaint.

Employee’s Right to Appeal:

If the employee has concerns about his or her request or the RA
process he/she can appeal the decision to the FSIS Reasonable
Accommodation Advisor (RAA).

Tom Valluzzi, Reasonable Accommodation Advisor

Food Safety and Inspection Service

1400 Independence Ave., Rm. 3175-South Bldg, Mailstop 3707
Washington, DC 20250

202-720-2683 Tom. Valluzzi@fsis.usda.gov

The Reasonable Accommodation Advisor (RAA):

+ — Receives reviews and decides on the appeal of an RA
determination;

* Consults with the Medical Officer;

* Notifies the employee of the decision and any appeal
rights to the USDA, Office of Human Capital Manage-
ment; and

* — Serves as FSIS technical expert and provides advice,
guidance, and counsel to agency officials on reasonable
accommodation matters, issues, requests, and appeals.



Alternative
Accommodation
Effective?

NO

Issue Denial &
Appeal Rights to
Employee

Reasonable Accommodation

Interactive Process

Oral/Written
Request
Supervisor
NO Refer request to
Obvious =——-——_> DEPC
Disability?
YES
v Employee provides
NO Requested documentation to
+————_ Accommodation «—__ DEPC, if needed
Effective? ;
YES DEPC consults
w/ Medical Officer
YES v
Refer to
Ly = bEpe Employee meets
YES requirements for
accommodation?
NO
+ v
Notify Employee Issue Denial & Appeal Rights

And Implement RA.

to Employee

USDA TARGET Center

* — Services as the link to the USDA TARGET CENTER/CAP Program at (202) 720-2600 (voiceTTY) or www.usda.gov/oo/target/

Provides on-site workplace assessments and demonstrations of assistive technology and ergonomic solutions.