GENERAL INFORMATION BULLETIN No. 25-02

TO: Deputy Commissioners for Administration, Department and Agency Directors of Human Resources, Personnel Officers, Equal Opportunity Specialists, Diversity and Inclusion Officers

FROM: Nicole Keith, Director, Office of Diversity and Inclusion Management

SUBJECT: Updates to the Policy and Procedures for Implementing Reasonable Accommodations for Applicants and Employees with Disabilities and Pregnancy-related Conditions

DATE: April 4, 2025

GIB 25-02 supersedes GIB 21-03, which was issued on April 1, 2021.

The State of New York remains committed to fostering inclusive work environments and incorporating equal opportunity principles into the State’s policies and practices. The Department of Civil Service has updated the Policy and Procedures for Implementing Reasonable Accommodations for Applicants and Employees with Disabilities and Pregnancy-related Conditions.

The major updates in the document are as follows:

• Addition of reasonable accommodation process guidance/best practice recommendations.
• The Reasonable Accommodation Appeals Review Committee has been renamed to the Accommodation Review Committee (ARC).
• Expansion of timeframes to file a request for ARC review and for issuance of ARC recommendations.
• Use of gender-inclusive language.

Summary Description of Major Updates

Addition of Reasonable Accommodation Process Guidance/Best Practice Recommendations:

Guidance and best practice recommendations have been added to Section II(B) of the Uniform State Policy and Procedures, including:

• Emphasis on the need for clear description of any job-related limitations imposed by the disability and how those limitations could be overcome with a reasonable accommodation.
• Replacement of the term “doctor” with the more expansive term “medical provider,” which better describes the types of professionals who may be qualified to provide information on the requestor’s functional limitations.
• General guidelines for the interactive process and DRA’s consultation with the requestor.
• More-detailed description of supporting documentation that should be provided by the agency to ARC to facilitate its review process.

Renaming of the Reasonable Accommodation Appeals Review Committee to Accommodation Review Committee:

The Reasonable Accommodation Appeals Review Committee (“ARC”) was established on April 1, 2021. To better represent the authority of the Committee, the ARC is being renamed to the Accommodation Review Committee. ARC remains responsible for reviewing, upon request, reasonable accommodation determinations issued by covered State entities. The review process remains distinct from both internal and external discrimination complaint procedures. The outcome of a review request will be a written notification, consistent with applicable policies and statutes, that the ARC either (1) concurs with the agency’s original decision, (2) does not concur with the agency’s original decision, and/or (3) recommends that additional interactive process occur before ARC is able to determine that it concurs/does not concur with the agency’s decision. The final written notification will be provided to both the requestor and the DRA at the relevant agency. The ARC outcome is recommendatory and is not a binding determination required to be implemented by the agency.

Expansion of Timeframes to File a Request for ARC Review and for Issuance of ARC Recommendations:

The deadline to file a Request for ARC Review has been increased from 15 to 30 calendar days from issuance of the agency’s determination, absent extenuating circumstances. The timeframe for ARC to complete its review and issue a recommendation has been increased from 21 to 30 calendar days.

Use of Gender-Inclusive Language:

Consistent with best practices in the furtherance of statewide objectives to promote inclusion through the development, implementation, and review of policies and procedures, gender-specific language has been removed from this policy as part of this update.

Minor Updates

Minor updates included:

• Correction of any typographical errors and, as needed, the rephrasing of language for clarity throughout—for ease of reading, terms including “applicant/employee,” “individual,” and “employee/applicant” have been replaced by “requestor” in many instances.
• Updated/additional language regarding confidentiality and emergencies
• Updated/additional language regarding job coaches and service providers
• Clarification that relevant record retention schedules are issued by the New York State Education Department.

For any questions about these updates, please email DiversityAndInclusion@cs.ny.gov or call the Office of Diversity and Inclusion Management at 518-473-2288.