SECTION
4.66 REASONABLE ACCOMMODATIONS
All Executive Branch supervisors MUST follow
procedures outlined below when determining the need for reasonable
accommodations under the Americans With Disabilities Act (ADA):
A. Disability Definition
· A person with
a disability is someone who has a physical or mental impairment that
substantially limits one or more major life activities, has a record of such an
impairment, or is regarded as having an impairment, and is otherwise qualified
to do the essential functions of the job with any necessary reasonable
accommodations.
· To be
protected under the ADA, an applicant/employee must have a record of or be
regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that
significantly limits or restricts a major life activity such as hearing,
seeing, speaking, walking, breathing, performing manual tasks, caring for
oneself, learning or working.
· The definition
of disability excludes: homosexuality, bisexuality, transsexualism, gender
identity disorders not resulting from physical impairment, or other sexual
behavior disorders, compulsive gambling, kleptomania, pyromania, and
psychoactive substance abuse disorders.
· Also excluded
are employees or applicants who are currently engaging in the illegal use of
drugs.
B. Identify Essential Functions of the
Position
· Essential
functions are fundamental duties.
1)
The position may exist to perform the function.
2)
The function may be essential because of the limited number of employees
available among whom it can be distributed.
3)
The function may be highly specialized requiring special expertise.
· Supervisors
must complete a Position Description Questionnaire with essential functions
identified BEFORE interviewing any applicant.
· Evidence the
federal Equal Employment Opportunity Commission will consider as supporting the
determination that a function is essential includes:
1)
The employer's judgment.
2)
Written job descriptions prepared BEFORE advertising or interviewing
applicants.
3)
The amount of time spent on that function.
4)
The consequences of the function not being performed.
5)
Terms of a collective bargaining agreement.
6)
Work experience of past employees in the position.
7)
Current work experience of employees in similar jobs.
C. Applicant Requests for Accommodations
· All interviews
must primarily be based on determining the candidate best qualified to perform
essential functions.
· Ask all
applicants "Are you able to perform
the essential functions of this position?"
· If the
applicant indicates that he/she cannot perform an essential function or that
he/she may need an accommodation, the supervisor then asks if there is a
reasonable accommodation that the applicant is familiar with that might allow
them to perform that essential function.
A supervisor should ask, "Are
there any reasonable accommodations we might consider that will enable you to
perform the essential functions of this job?" Reasonable accommodations are required if the
applicant has a disability as defined in the ADA.
· If the
applicant is not familiar with a reasonable accommodation, or if the supervisor
wants other assistance in identifying reasonable accommodations for that
applicant, there are a variety of resources available to assist in this
process.
· It may be
necessary to obtain more detailed medical information about the applicant's
disability when considering accommodations.
D. Employee Requests for Accommodations
· The rights of
employees in relation to provision of reasonable accommodations are the same as
for applicants. Both must first meet the
definition of a disability under the ADA.
· The supervisor
must be prepared to discuss essential job functions with employees.
· If an
essential function cannot be performed, the supervisor must then discuss the
possible provision of reasonable accommodations that might enable the employee
to perform essential functions.
· The supervisor
must ensure that the "Request for Reasonable Accommodation" form (CFN
552-0574) is completed for all employee requests.
· It may be
necessary to obtain more detailed medical information about the employee's
disability when considering accommodations.
E. Resources for Providing Accommodation
Assistance
· A partial list
of resources includes:
1)
The Iowa Department for the Blind can provide assistance when dealing
with sight related disabilities (515-281-1335, 1-800-362-2587, TTY
515-281-1355).
2)
The Vocational Rehabilitation Services Division of the Iowa Department
of Education can provide consultation on work site modifications, adaptive
equipment, and other information related to accommodations (515-281-3043,
Voice/TTY 1-800-532-1486).
3)
The Persons with Disabilities Division of the Iowa Department of Human
Rights can provide assistance in several areas related to persons with
disabilities (Voice/TTY 515-281-5969).
4)
The Deaf Services Division in the Iowa Department of Human Rights can
provide assistance related to hearing disabilities (Voice/TTY 515-281-3164).
5)
The Governor's Planning Council for Developmental Disabilities of the
Iowa Department of Human Services can provide assistance when dealing with
developmental disabilities (515-281-7839, TTY 281-4355).
6)
The Employment Division of the Iowa Department of Administrative
Services – Human Resources Enterprise has staff assigned to dealing with the
reasonable accommodation process (515-281-6889, TTY 515-281-7825).
7)
The Iowa Program for Assistive Technology can provide assistance related
to technology that will be useful in providing accommodations (Voice/TTY
1-800-331-3027).
8)
The Job Accommodation Network (JAN) (Voice/TTY 1-800-526-7234) is a
service of the President's Committee on Employment of People with Disabilities. This service provides suggestions for
accommodations at no charge.
F. What is a "Reasonable
Accommodation?"
· ADA
regulations define a reasonable accommodation as:
1)
Modifications or adjustments to a job application process that enable a
qualified applicant or employee with a disability to be considered for a
position they desire.
2)
Modifications or adjustments to the work environment, or to the manner
or circumstances under which the position held or desired is customarily
performed, that enable a qualified individual with a disability to perform the
essential functions of that position.
3)
Modifications or adjustments that enable an employee with a disability
to enjoy equal benefits and privileges of employment as are enjoyed by other
similarly situated employees without disabilities.
Examples: Modified work schedules; reassignment to
vacant positions; acquisition or modification of equipment; adjustments of
exams, training materials, or policies; using readers or interpreters; making
facilities accessible; or restructuring job duties.
G. When are Accommodations Not Reasonable?
· When an
accommodation requires SIGNIFICANT difficulty or expense it MAY be
unreasonable if it causes an "undue hardship" on the employer. Undue hardship arguments against providing an
accommodation involve a balancing test that weighs the following factors based
on the Americans with Disabilities Act:
1)
The nature and cost of the accommodation.
2)
The financial resources of the organization.
3)
The number of employees at the location.
4)
The impact of the accommodation on the operation of the organization.
5)
The type of operation, including the composition, structure, and
functions of the work force.
6)
The geographic, administrative, and fiscal relationship between the
particular organization or location and other locations or parent
organizations.
· The ADA also
recognizes a "direct threat" or safety exception. Where an employer can prove that an
individual with a disability poses a direct threat to the health and safety of
other employees, clients, or themselves, the employer can refuse to employ that
individual on the grounds that an accommodation would be ineffectual. This determination must be made on a case by
case basis.
· Such a defense
must be based on a high probability of substantial harm, not speculation or a
remote risk. Only objective evidence
will support this defense. The specific
behavior on the part of the individual involved that causes the direct threat
must be identified. Factors to consider
in evaluating the threat include:
1)
The duration of the risk.
2)
The nature and severity of the potential harm.
3)
The likelihood that the potential harm will occur.
4)
The imminence of the potential harm.
H. Instructions for Completing a Request for
Reasonable Accommodation
· The
"Request for Reasonable Accommodation" form is to be completed by a
department considering hiring a person with a disability who requires an
accommodation to perform one or more essential functions of a specific
position.
· This form must
be completed for those applicants receiving consideration in a final group of
applicants who are considered to be substantially equally qualified for the
position. The form must be completed
before an offer to hire is made.
· The purpose of
this form is to provide departments with a means to document the decisions they
have made in relation to providing accommodations to persons with a
disability. This documentation must be
retained in departmental personnel files to ensure that the departments have
complied with requirements of the Americans with Disabilities Act.
· One (1) copy
of each form completed must be sent to the Employment Division of the
Department of Administrative Services – Human Resources Enterprise. This copy will be used to build a file
containing information on the type of accommodations being provided for state
employees. It will also be used to review actions of state departments for
consistency between departments and within departments.
· It is the
responsibility of the supervisor conducting the interviews to make sure that
Sections A, B, and C of the Request for Reasonable Accommodation form are
completed. Section B is to be completed
and signed by the applicant or employee.
Section C must be completed by the supervisor conducting the interview
or the discussion with the employee.
· Section D must
be completed by the appropriate Appointing Authority for that department or
organizational unit.
· One copy of
the completed form must be given to the applicant or employee involved.
· Reasons listed
in Section D, number 3, must follow guidelines for determining if undue
hardship or safety defenses for not granting an accommodation exist. See part G of this section.
· Where appropriate,
supporting documentation such as reports from appropriate medical personnel
should be attached.