Rhode Island Code of Regulations › Title 525 - Governor's Commission on Disabilities › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Inclusion in State Government Employment, Programs and Activities (525-RICR-10-00-2) › Section 525-RICR-10-00-2.7 - Notice and Requesting an Accommodation

Current through June 14, 2024
A. A
				 state agency shall make available to applicants, participants, beneficiaries,
				 and other interested persons information regarding the provisions of this part
				 and its applicability to the services, programs, or activities of the state
				 agency, and make such information available to them in such manner as the head
				 of the entity finds necessary to apprise such persons of the protections
				 against discrimination assured them by the Act and this part.
B. Event and Examination Postings, Job
				 Vacancy Notices, and Interview notices - All vacancy notices, job postings,
				 examinations, announcements of events and notification of job or client
				 interviews shall identify the contact person for arranging reasonable
				 accommodations for the applicant/customer who is seeking an accommodation
				 during the interview, examination or event. The notice shall also contain the
				 contact person's telephone numbers and the date accommodation requests need to
				 be called in, so the agency is able to make arrangements. Acquiring
				 interpreters for the deaf and other services could take up to two (2) weeks.
				 The deadline for requesting an accommodation shall be at least seven (7) days
				 after the agency's notice is posted or mailed. The state agency shall make
				 reasonable efforts to fill requests that come in after the deadline.
2.7.1
Requesting a Reasonable
				 Accommodation
A. Whenever requests
				 for reasonable accommodations are made to the Commission, it shall determine
				 which agency is responsible, identify the agency's ADA Coordinator, provide the
				 requesting party with a copy of these regulations and either refer the
				 requesting party to that coordinator or assist the individual in preparing a
				 GCD Reasonable Accommodation Request Form.
B. The agency's ADA Coordinator shall:
1. Within five (5) business days upon
				 receiving the reasonable accommodation request:
a. Provide the requesting party with a copy
				 of these regulations (if the Commission has not already provided a copy);
				 and
b. Determine if the requested
				 accommodation is for an immediate event or activity, is only needed for a short
				 period of time, or the requested accommodation is easy for the agency to
				 provide.
2. If the
				 requested accommodation is for an immediate event or activity, is only needed
				 for a short period of time, or the requested accommodation is easy for the
				 agency to provide: the ADA Coordinator shall consult with the requesting
				 party(ies) and shall give primary consideration to the request of the
				 individual in determining the type of accommodation provided.
a. The ADA Coordinator may seek documentation
				 of the need for the accommodation, before providing it, unless the delay caused
				 in seeking such documentation would cause the individual to be denied the
				 opportunity to participate in or receive the benefits of the service or
				 activity.
b. Prior to rejecting any
				 request for an accommodation, the Agency's ADA Coordinator shall consult with
				 the Commission, to identify technical resources that might assistance both the
				 agency and the individual.
3. When the requested accommodation will be
				 needed for an extended period of time, such as for a student's
				 instruction/training, employee's workplace, or could require the purchase of
				 auxiliary aids or renovation of a facility, the Agency's ADA Coordinator will:
a. Assist the individual (or parent
				 /guardian) in preparing a Reasonable Accommodation Request form.
b. Contact the Commission to identify other
				 state resources that could provide technical assistance to both the individual
				 and the agency in determining:
(1) If the
				 individual is "A qualified individual with a disability" in relation to the
				 services or employment being accommodated;
(2) The essential functions of the job or the
				 essential determine purpose of the agency's service being accommodated;
				 and
(3) The individual's specific
				 abilities and limitations as they relate to those essential job functions or
				 participation in the agency's services, identify the barriers to job
				 performance / enjoyment of the agency's services and assess how these barriers
				 could be overcome with an accommodation.
C. Confidential medical
				 information:
1. Within ten (10) business days
				 of receiving the Reasonable Accommodation Request Form, the agency's ADA
				 Coordinator shall meet with the employee/applicant or customer/parent/guardian
				 to review any medical information needed to document that the individual is "a
				 qualified individual with a disability" in relation to the services or
				 employment being accommodated.
2.
				 The individual's collective bargaining agent or other persons of his/her
				 choosing may assist the individual during this meeting.
3. The state's rehabilitation /disability
				 services experts may assist the agency's ADA Coordinator.
4. Other agency personnel shall not
				 participate in the review of nor have access to the individual's medical
				 information.
5. Only medical
				 information needed to document that the individual is a "qualified individual
				 with a disability" and the need for the accommodation is specifically related
				 to limitations caused by the individual's disability may be requested and
				 retained by the agency's ADA Coordinator, in a confidential file separate from
				 the individual's personnel or other client records.
D. Preparing an accommodation plan
1. Within ten (10) business days of receiving
				 all necessary medical documents, the agency's ADA Coordinator shall convene a
				 meeting of the individual, the employee's or program / activity's supervisor,
				 any technical assistance providers, and the employee's collective bargaining
				 agent. During this meeting or meetings:
a. The
				 attendees shall review the essential functions of the job or the essential
				 purpose of the agency's service being accommodated;
b. Identify the individual's specific
				 limitations as they relate to those essential job functions or participation in
				 the agency's services, identify the barriers to job performance / enjoyment of
				 the agency's services and assess how these barriers could be overcome with an
				 accommodation; and
c. Identify
				 potential accommodations and assess how effective each would be in enabling the
				 individual to perform the essential functions of his/her job or participate in
				 the agency's services.
2. When more than one (1) meeting is required
				 to determine the most effective accommodation, an interim accommodation plan
				 shall be developed at the initial meeting with the concurrence of all parties.
				 Each party shall retain a signed original of the interim accommodation
				 plan.
3. In developing the
				 accommodation plan, the agency ADA Coordinator shall consider the following
				 factors:
a. If there are several effective
				 accommodations that would provide equal opportunity, the ADA Coordinator shall
				 consider the preference of the individual and select the accommodation(s) that
				 best serves the needs of the individual and the agency. If more than one
				 accommodation would be effective or if the individual would prefer to provide
				 his or her own accommodation(s), the individual's preference should be given
				 first consideration. However, the agency is free to choose among effective
				 accommodations and may choose one that is less expensive or easier to provide.
b. The fact that an individual is
				 willing to provide his or her own accommodation does not relieve the agency of
				 the duty to provide this or another reasonable accommodation should the
				 individual for any reason be unable or unwilling to continue to provide the
				 accommodation.
4. The
				 Reasonable Accommodation Plan shall include:
a. A listing of the essential functions of
				 the job or essential elements of the agency's services which the
				 employee/applicant/customer is unable to perform without an accommodation;
b. A listing of the reasonable
				 accommodations that will be provided and an estimated timeline for implementing
				 each accommodation; and
c.
				 Descriptions of interim steps that will be taken to assist the employee in
				 performing the essential functions of the job or reassignment to other duties,
				 until the Reasonable Accommodation Plan is fully implemented.
5. The agency's ADA Coordinator
				 shall, prepare a "Reasonable Accommodation Plan" and present it at a meeting of
				 the attendees of the Reasonable Accommodation Consultation(s).
6. The requesting party shall, review the
				 proposed Reasonable Accommodation Plan, sign and date, all the copies and check
				 either accept or reject in the appropriate box next to her/his signature,
				 retain one (1) signed copy and return the remaining copies of the "Reasonable
				 Accommodation Plan":
a. If accepting the plan
				 - to the agency's ADA Coordinator, or
b. If rejecting the plan - to the
				 Commission.
7. A signed
				 original of the "Reasonable Accommodation Plan" shall be retained by the agency
				 ADA Coordinator. A copy shall be sent to the Commission.
a. If the individual accepts the Reasonable
				 Accommodation Plan, the agency shall implement the accommodation plan
				 immediately, upon receipt.
b. No
				 Reasonable Accommodation Plans shall be implemented until accepted by the
				 individual.
E. Auxiliary Aids
1. If the reasonable accommodation will
				 require the obtaining of equipment or devices (auxiliary aids), the agency's
				 ADA Coordinator shall within 15 business days of receiving an individual's
				 Reasonable Accommodation Request Form.
2. The agency will obtain or modify that
				 equipment or devices utilizing operating funds.
3. Taking into account the preference of the
				 qualified individual the agency's ADA Coordinator shall recommend the
				 accommodation that best serves the needs of the qualified individual and the
				 agency.
4. The agency's
				 administrator will arrange for its purchase, immediately.
5. The agency shall be responsible for all
				 maintenance of, repairs to, and consumables used in the operations of auxiliary
				 aids, along with any specialized training of personnel in the operation of the
				 auxiliary aids.
6. Disposal of
				 Auxiliary Aids
a. Transfer of the Qualified
				 Individual with an Auxiliary Aid
(1) The
				 auxiliary aid shall be transferred with the qualified individual, as long as
				 the individual remains a state employee or consumer of state services and the
				 auxiliary aid is still required as a reasonable accommodation.
(2) If the auxiliary aid was purchased by the
				 agency and
(AA) The qualified individual's new
				 position, is not under the control of the agency that purchased the auxiliary
				 aid and
(BB) The auxiliary aid is
				 not required as a reasonable accommodation for another employee/consumer,
				 then
(CC) The purchasing agency
				 shall arrange for the auxiliary aid to be declared "surplus property" in
				 accordance with the surplus property regulations. The title of that auxiliary
				 aid shall be transferred to the new agency. The original agency shall be
				 reimbursed by the new agency for the current value of the auxiliary
				 aid.
b. The
				 qualified individual leaves state employment or is no longer a consumer of
				 state services:
(1) If the auxiliary aid was
				 purchased by an agency, then the agency shall arrange for the auxiliary aid to
				 be declared "surplus property" in accordance with the surplus property
				 regulations and transfer title of that auxiliary aid to the Commission's ADA
				 Equipment Pool.
F. Rejecting a Reasonable Accommodation
				 Request
1. The agency's ADA Coordinator may
				 reject an individual's request for a reasonable accommodation for the following
				 reasons:
a. The individual is not an
				 individual with a disability;
b.
				 The individual is able without an accommodation to:
(1) Perform the essential functions of the
				 job or
(2) Participate in and /or
				 benefit from the service or activity in an equally effective manner as
				 individuals without disabilities,
(3) The individual's request for a reasonable
				 accommodation is primarily for the personal benefit of that individual; or
(4) The individual's request for a
				 reasonable accommodation would impose an undue hardship on the operations of
				 the agency and there is no alternative reasonable accommodation.
2. The agency's ADA
				 Coordinator shall, within fifteen (15) business days of receiving all medical
				 documentation requested (see §2.7.1(C) 
				 of this Part above) or following the last meeting to "prepare a Reasonable
				 Accommodation Plan (see §2.7.1(D)(4) 
				 of this Part above):
a. Notify the requesting
				 party of the rejection of their request for a reasonable accommodation,
				 indicating which of the above reasons is the basis of the rejection Reasonable
				 Accommodation Rejection GCD Form; and
b. Forward to the Governor's Commission on
				 Disabilities a copy of that notification.
G. Non-Supplanting, Impact on Benefits
1. This regulation addresses the State of
				 Rhode Island's obligation to provide reasonable accommodations and
				 modifications, including auxiliary aids, to beneficiaries with disabilities of
				 its services, programs, and activities, only when the auxiliary aid is needed
				 to ensure accessibility to and usability of programs, services, and or
				 activities.
2. The regulation also
				 addresses the State of Rhode Island's obligation to provide auxiliary aids,
				 only as a reasonable accommodation to an employee with a disability. This
				 regulation does not supplant nor relieve the obligation of any State agency to
				 provide auxiliary aids (equipment or devices) under any other law or
				 regulation.