Appendix B

SUMMARY OF PROCEDURES FOR PROCESSING
REQUEST FOR REASONABLE ACCOMMODATION

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.

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.

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.

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.

  1. Accept the agency's decision and end the process, or
  2. External review process (Compliance Review Board), or
  3. 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.)
  4. 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.

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.)

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.


To Next Section
To Table of Contents