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SECTION I: |
OVERVIEW OF AGENCY POLICY AND PROCEDURES
FOR IMPLEMENTING REASONABLE ACCOMMODATION IN NEW YORK STATE AGENCIES |
Each agency and facility should establish a written plan that
includes a policy statement reflecting the agency's commitment
to provide reasonable accommodation to employees and applicants
with disabilities. Reference should be made to the State's Reasonable
Accommodation Policy, which was restated in the April 11, 1996,
memorandum issued by the Executive Chamber (Appendix A) and applicable
State and federal laws. An additional statement should be included
which describes the benefits the agency derives by providing
reasonable accommodation.
This section emphasizes the agency's responsibility to protect
and maintain the confidentiality of information provided by employees
requesting reasonable accommodation. The plan should identify
steps that the agency undertakes to enhance confidentiality at
all levels of the reasonable accommodation process.
This section should clearly state when, and the circumstances
for requesting medical documentation.
This section defines those terms that supervisors, managers,
employees and other agency personnel should understand when considering
whether to provide reasonable accommodation. While agencies may
want to add to the list, it is important that the following terms
be defined. (Section II includes definitions.)
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- person with a disability
- physical, mental or medical impairment
- reasonable performance
- essential job functions
- qualified person with a disability
- reasonable accommodation
- undue hardship
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5. |
Who May Request an Accommodation? |
This section broadly defines those individuals who may apply
for reasonable accommodation. Included are applicants with disabilities
and employees with disabilities currently working for the State,
regardless of their title, grade, length of service or employment
status.
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6. |
Employee Access to Information on Reasonable
Accommodation |
This section specifies the steps which the agency must take to
ensure that employees have access to information regarding their
right to reasonable accommodation and the agency's policy and
procedures for requesting reasonable accommodation. If an accommodation
is denied at the agency level, employees must be given information
on other options available, such as the external review process
conducted by the Compliance Review Board through the Department
of Civil Service. In addition, employees should also be informed
of their right to file a complaint under the agency's internal
discrimination complaint procedure, the New York State Human
Rights Law, Sections 503/504 of the Rehabilitation Act of 1973,
the Americans with Disabilities Act (ADA) and/or that they may
have a private right of action to challenge an alleged discriminatory
practice. (Section 503 covers any entity with contracts or subcontracts
with the federal government in the amount of $10,000 a year or
more. Section 504 covers any entity receiving any federal money,
either directly or indirectly.)
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7. |
Maintenance of Records
and Data Collection |
This section describes the records that must be maintained by
the agency with reference to reasonable accommodation. It also
describes the specific data which must be collected by the agency
for reporting purposes and identifies the division or office
responsible for data collection.
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8. |
Procedures for Requesting Reasonable Accommodation
and Reviewing Requests |
This section describes the agency's internal procedures
for handling requests for reasonable accommodation. A procedure
must be available for applicants and employees with disabilities
who work for state government.
Statements regarding the various levels of review, including
the external review process by the Compliance Review Board, are
included in this section.Also, the role of the agency's designated
responsible person for reasonable accommodation, is described.
The agency's designated responsible person for reasonable accommodation
is the individual identified by the agency head to coordinate
agency compliance obligations arising from the New York State
Human Rights Law, Sections 503/504 of the Rehabilitation Act
of 1973 and/or the Americans With Disabilities Act. This section
identifies the options that are available to employees when an
accommodation has been denied. This section also includes the
time frame for the review process and explains how the employee
is informed of decisions at various points throughout the process.
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9. |
External Review Process--Process for Requesting
a Review by the Compliance Review Board |
This section includes more detailed information about
the Compliance Review Board. It also details the information
which needs to be sent to the Department of Civil Service when
an accommodation has been denied and the employee requests a
review by the Compliance Review Board.
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