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In 1987, New York State issued a uniform policy to ensure the provision of reasonable accommodation to qualified employees and applicants with disabilities. Specific initiatives that were recommended to implement this policy included establishment of a reasonable accommodation external review process to examine State agencies' denials of requests for reasonable accommodation. Under this process, upon request, employees who have been denied an accommodation may have the decision reviewed by the Compliance Review Board. The Board is comprised of the President of the Civil Service Commission, who is the Chairperson, the Director of the Governor's Office of Employee Relations and the State Advocate for Persons with Disabilities. After reviewing relevant documentation, the Board makes a recommendation to the head of the affected agency. In all instances, the final determination as to whether a reasonable accommodation is granted rests with the agency head. Additionally, in 1989, the Department of Civil Service developed uniform procedures to assist State agencies in providing reasonable accommodations to employees and applicants with disabilities. These procedures were implemented on a pilot basis by State agencies and facilities. In 1992, the Department conducted a survey to assess the effectiveness of the procedures. An analysis of the survey data revealed that the procedures, as written, met the needs of the majority of the agencies (89 percent) and facilities (59 percent) that implemented the procedures in their entirety. As a result of the survey findings, the Department of Civil Service recommended that the procedures originally issued in 1989 be permanently adopted by all State agencies and facilities. An April 1996 Executive Chamber Memorandum, Equal Access to State Agency Employment Programs and Services for Individuals with Disabilities, advised agencies to use these procedures. Appendix A is a copy of the memorandum. Appendix B includes a summary of the procedures. Section I of this report discusses the components which comprise the uniform policy and procedures and Section II describes the procedures. For additional information or assistance in implementing the procedures, please contact:
Because assistive technology is playing an increasingly important
role in accommodating individuals in the workplace with disabilities,
the Executive Chamber has also issued memoranda pertaining to
electronic equipment, information technology and universal accessibility
to the web sites of New York State agencies. A November 1996
Executive Chamber Memorandum, Technology Policy 96-13-Accessibility
to Technology advised agencies of the State's policy assuring
that people with disabilities have equivalent access to electronic
equipment and information technology. A September 1999 Executive
Chamber Memorandum, Release of Technology Policy 99.3: Universal
Accessibility for New York State Web Sites requires that
all New York State agency web sites provide universal accessibility
to persons with disabilities. Appendix C includes copies of these
two memoranda.
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