United States Department of the Interior                                        FISH AND WILDLIFE SERVICE                                                     Washington, D.C. 20240

Memorandum
 

To:	Service Directorate
From:	Deputy Director
Subject:	Reasonable Accommodation

 
Section 501 of the Rehabilitation Act of 1973 requires Federal agencies to provide reasonable accommodations to employees and applicants. Accordingly, the Service has developed a Policy On Reasonable Accommodations For Persons With Disabilities (attached).

The attached Policy describes procedures to be followed when any Service employee or applicant for employment requests an accommodation for a known disability. Please direct any questions to Jerome M. Butler, Ph.D., Chief Office for Human Resources, on (202) 208-3195. Thank you.
 
 

                                                                                                  /s/ John G. Rogers
 
Attachment
 

1. POLICY. In accordance with Section 501 of the Rehabilitation Act of 1973 and Equal Employment Opportunity Commission (EEOC) Directives 712 and 713 (Comprehensive Affirmative Action Program Plans for Hiring, Placement and Advancement of Individuals with Disabilities), and Regulations at 29 CFR 1614, the U.S. Fish and Wildlife Service will make reasonable accommodations for the known physical or mental limitations of a qualified disabled employee or applicant unless the accommodation would impose an undue hardship on the operation of the program. The Service is not required to implement an accommodation which would amount to substantial, extensive or fundamental alterations of its operations.

2. PURPOSE. This document provides a description of the Service's policy on making reasonable accommodations for persons with disabilities by establishing requirements and providing instructions for acting on requests from employees or applicants.

3. APPLICABILITY. This Policy applies only to employees and applicants who have a disability as defined in 4a below.

4. DEFINITIONS.

a. DISABLED PERSON is one 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 such an impairment.

b. PHYSICAL OR MENTAL IMPAIRMENT is any physiological disorder or condition cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; gento-urinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

c. MAJOR LIFE ACTIVITIES are functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

d. HAS A RECORD OF SUCH AN IMPAIRMENT is defined as having a history of, or has been classified (or misclassified) as having a mental or physical disability that substantially limits one or more major life activities.

e. IS REGARDED AS HAVING SUCH AN IMPAIRMENT is defined as having a physical or mental impairment that does not substantially limit major life activities, but is treated by an employer as constituting such a limitation; has a physical or impairment that substantially limits major life activities only as a result of the attitude of an employer toward such an impairment; or has none of the impairments defined above but is treated by an employer as having such a limitation.

f. A QUALIFIED DISABLED PERSON is one who, with or without a reasonable accommodation in an employment setting, can perform the essential functions of the position in question without endangering the health or safety of the individual and others; and who, depending on the appointing authority being used, meets the experience and/or education requirements of the position in question (which may include passing a written test), or meets the criteria for appointment under one of the special appointing authorities for disabled persons.

5. RESPONSIBILITIES.

a. THE SERVICE DIRECTOR is responsible for implementing the Service's Policy on reasonable accommodation (that is, ensuring that reasonable accommodations are made for qualified disabled employees or applicants in-accordance with applicable laws, regulations and this Policy and applicable bargaining unit agreements).

b. THE CHIEF, OFFICE OF HUMAN RESOURCES AND ASSISTANT REGIONAL DIRECTORS, HUMAN RESOURCES are responsible for providing guidance and assistance to the Service in the effort to make reasonable accommodations to qualified disabled employees or applicants; and reviewing decisions, prior to issuance, made by Service Offices when those decisions are unfavorable to the qualified disabled employees and applicants. The individuals or designated staff may provide technical assistance and guidance on taking or recommending the appropriate action on work accommodations, assignments, and other activities which would benefit both the Service and the disabled employee or applicant. This responsibility does not include any accommodations that would create an undue hardship on the Service.

c. THE CHIEF, BRANCH OF HEADQUARTERS PERSONNEL OPERATIONS AND REGIONAL PERSONNEL OFFICES or designated staff serve as the Service's Employment Officers and are responsible for conducting Job analysis on Service vacancies to ensure that knowledge, skills and abilities are related to the essential functions of the job, and that artificial barriers are removed from the hiring process; accepting requests from employees or applicants and making in conjunction with the supervisor an initial determination whether an accommodation is made.

d. SERVICE MANAGERS are responsible, for ensuring that selections of qualified disabled persons are made in a non-discriminatory manner, and that reasonable accommodations for persons with disabilities are implemented.
 
e. EMPLOYEES AND APPLICANTS are responsible for providing specific information on the nature of their abilities and disabilities with regard to the requirements of the job, so that an assessment can be made of possible means for reasonable accommodation. (Examples of means of reasonable accommodation are provided in Section 7).

6. GUIDELINES FOR ASSESSING AND PROVIDING REASONABLE ACCOMMODATION.

a. Overview.

Reasonable accommodation is a logical change or adjustment to a job or worksite that makes it possible for otherwise qualified employees with disabilities to perform the essential functions of the positions in question. Accommodations are determined on a case-by-case basis, taking into consideration the needs of the applicant or employee, his/her specific disability, the essential duties for the position in question, the work environment, and the reasonableness of the proposed accommodation.

In all cases, the employee or selectee must be consulted before an accommodation is made. Most accommodations involve minimal cost. Many persons with disabilities do not need reasonable accommodation because they have made adjustments to their disability so that no accommodation is needed or desired. An accommodation must be work-related and not personal needs or use such as providing eye glasses, hearing aids or transportation to work. The responsibility to provide reasonable accommodation does not end when the person with a disability is placed in a position. It is also considered in training, promotion, reassignment and developmental assignments.

b. Reasonable Accommodation Assessment.

The Service is required to make reasonable accommodation for a qualified person with a disability unless it can demonstrate that the accommodation would impose an undue hardship on the operation of the Service's program. These determinations must be made on an individual basis. Most accommodations are not costly, nor do they adversely affect the operation of a program. All alternatives will be explored to determine if the reasonable accommodation is the most effective one for both the employee and the Service.

The first step in determining an appropriate accommodation is to consult with the employees with a disability and ask for suggestions as to what accommodations would enable him/her to perform the job, When providing auxiliary aids, the Service manager should give preference to the request of the person with the disability, unless the request would constitute an undue hardship. Accommodations need to be made to the known physical or mental limitations. The Service is not obligated to make an accommodation for a job interview, or for an existing job, until the applicant or employee has communicated his/her needs.

The value and nature of a particular accommodation may be clarified by considering questions such as the following:

(1) Is the accommodation necessary for the performance of essential duties?

(2) What effect will the accommodation have on the Service's operation and on the employees's job performance?
 
(3) To what extent does the accommodation compensate for the limitations of an employee with a disability?
 
(4) Will the accommodation give the employee the opportunity to function, participate, or compete on a more equal basis with co-workers?

(5) Would the accommodation benefit other persons without disabilities, as well as other persons with disabilities?

(6) Are there alternatives that would accomplish the same purpose?

Examples of the kinds of actions which may constitute reasonable accommodations are listed at 29 CFR 1614.203(c). Reasonable accommodation may include, but shall not be limited to the following:

a. Making facilities readily accessible to and usable by individuals with disabilities;

b. Job restructuring, including part-time or modified work schedules;

c. Acquisition or modification of equipment or devices;

d. Appropriate adjustment or modification of examinations; and

e. Provision of readers and interpreters.

f. Accommodations for meetings, conferences, training and seminars.

The following are some factors that should be considered in determining whether an employee's or an applicant's accommodation would impose undue hardship on the operation of the Service.

a. The overall size of the Service program with respect to the number of  employees, number and type of facilities and size of budget;
 
b. The type of Service operation, including composition and structure of the work force; and

c. The nature and cost of the accommodation.

9. ACTING ON REASONABLE ACCOMMODATION REQUESTS.

a. When an employee or applicant makes a request for reasonable accommodation, the following requirements apply:

(1) The request must be in writing (a sample request form is provided in Appendix 1).

(2) The request must specifically describe the disability necessitating the accommodation needed.

(3) The nature of the abilities and disabilities with respect to the particular job must be provided, along with the accommodation being requested.
 
(4) The employee forwards the request to his/her supervisor. An applicant provides the request to the Regional Personnel Officer for the Region having the vacancy for which he/she wants to be considered, or to the Chief, Branch of Headquarters Personnel Operations for vacancies in the Washington Office.

(1) Upon receipt of the request for reasonable accommodation, the employee's supervisor or the Personnel Office (in the case of an applicant) will review the request and issue a written decision to the employee or applicant within
    15 calendar days of receipt.

(2) The supervisor and/or Personnel Office will consider the following in determining whether an accommodation can be made:

(a) The employee's or applicants specific disability and the existing   limitations;

(b) the essential duties of the particular job;

(c) the work environment; and

(d) the reasonableness of the proposed accommodation.

(3) The supervisor and/or Personnel Office may consult with other management officials and OHR if necessary.

(4) The decision on the request for reasonable accommodation must state whether the proposed accommodation will be made, including a specific description of the action(s) to be taken.

(5) If the supervisor and/or Personnel Office cannot make a decision on the initial request for accommodation because medical information is needed, he or she may request such information as defined in 5 C.F.R. 339.102 and attached Appendix 2.

(6) A decision denying the proposed accommodation (that is a decision unfavorable to the employee) must be reviewed by the Chief, Office of Human Resources or the Assistant Regional Director of Human Resources prior to issuance. If the issue is availability of resources for the proposed accommodation, then the Office of Human Resources will provide assistance in determining the availability of additional resources at the Service and Departmental levels.

(7) A copy of each decision on reasonable accommodation will be provided to OHR.

NOTE: In the case of a sudden disabling condition, managers have the discretion to provide the accommodation immediately, and request the appropriate documentation at a later date.

Formal Request For a Reasonable Accommodation

Please describe the disability and the need for a reasonable accommodation.

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I hereby request an accommodation for the stated disability, as follows:

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____________________________________________________________
Signature                                                                     Date

Medical documentation provided or obtained in connection with a medical determination related to employability should include the following information, or the parts identified by the Service as necessary or relevant:

1. The history of the specific medical condition(s) including references to findings from previous examinations, treatments, and responses to treatments.

2. Clinical findings from the most recent medical evaluation, including any of the following which have been obtained: findings of physical examination, results of laboratory tests, X-rays, EKG, and other special evaluations - or diagnostic procedures and, in the case of psychiatric evaluation or psychological assessment, the findings of a mental status examination and the results of psychological tests:

 
3. Assessment of the current clinical status and plans for future treatment;

4. Diagnosis;

5. An estimate of the expected date of full or partial recovery;

6. An explanation of the impact of the medical condition on life activities both on and off the job;

7. Narrative explanation of the medical basis for any conclusion that the medical condition has or has not become static or well stabilized;

8. Narrative explanation of the medical basis for any conclusion which indicates the likelihood that the individual is, or is not, expected to experience sudden or subtle incapacitation as a result of the medical condition.

Review of medical documentation is an assessment by, or in coordination with, a physician to ensure that the following criteria are met:

1. All diagnoses and clinical impressions are justified in accordance with established diagnostic criteria; and

2. The conclusions and recommendations are consistent with generally accepted medical principles and practice.