Appendix B
SUMMARY OF PROCEDURES FOR PROCESSING
REQUEST FOR REASONABLE ACCOMMODATION
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Step 1
Employee requests accommodation by submitting the application
form, Request for Reasonable Accommodation, to first-line
supervisor or the agency's designated responsible office for
reasonable accommodation. If the request is made through the
agency's designated responsible office for reasonable accommodation,
it is sent directly to the supervisor for action.
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Step 2
Supervisor approves--Form filed; process completed.
Unable to approve--Form goes to the agency's designated
responsible person for reasonable accommodation for agency review
process.
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Step 3
Comprehensive review conducted by the agency's designated responsible
person for reasonable accommodation should include the following:
- Additional information from employee and/or supervisor or
other sources.
- Medical information when necessary and appropriate.
- Input, if appropriate, from agency's fiscal officer, counsel,
human resources manager, etc. (may be a committee).
- Consultation with the Reasonable Accommodation Unit of the
Department of Civil Service and/or the Office of Advocate for
Persons with Disabilities.
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Step 4
The agency's designated responsible person for reasonable accommodation
informs employee of outcome. A letter from the agency head to
the employee confirms the decision.
Approved--Form filed; process completed.
Denied--Employee has several options.
- Accept the agency's decision and end the process, or
- External review process (Compliance Review Board), or
- Discrimination complaint procedure under the agency's model
affirmative action plan. (If the employee chooses to file a discrimination
complaint within the agency, he or she cannot use the external
review process. If the employee uses the external review process
and the agency continues to deny the accommodation after
the review process is completed, the employee may then file a
discrimination complaint if he or she feels that the denial was
unlawful.)
- Other recourses. These may include filing complaints under
Human Rights Law, ADA, Sections 503/504, and/or private right
of action. These recourses can be used by the employee at the
first point of agency denial but there may be time limitations
and the employee should consult with appropriate antidiscrimination
agencies. The employee can simultaneously also use the external
review process.
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Step 5
If the employee uses the external review process, the Compliance
Review Board reviews the request and makes a recommendation to
the agency head. (With comprehensive information received from
the agency, the Reasonable Accommodation staff analyzes and summarizes
the file and makes a recommendation for the Compliance Review
Board's consideration.)
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Step 6
Agency head makes final determination based on all available
information. Agency head informs employee in writing of final
determination and provides employee with a copy of the Compliance
Review Board's decision.
As stated in Step 4, if the agency continues to deny the accommodation
after the external review process is completed, the employee
may then file an internal discrimination complaint if the employee
feels that the denial was unlawful. Also, at any point after
the first agency denial, the employee may use other recourses,
such as filing complaints under ADA, Sections 503/504, Human
Rights Law, and/or private right of action but again, there may
be time limitations, and the employee should consult with the
appropriate antidiscrimination agencies. |
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