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| Issue: |
Your organization's recruiters are embarking on an outreach initiative directed toward individuals with disabilities. In order to make their transition into your workforce as smooth as possible you'd like to create written procedures for the accommodation of disabilities. What are the key points to include? |
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Answer: |
You can follow the federal government's lead. Executive Order 13164, which requires federal agencies to establish procedures for processing requests for reasonable accommodation of individuals with disabilities, identifies the following elements of an effective, written procedure.
- Explain that an employee or job applicant may initiate a request for reasonable accommodation orally or in writing. If an applicant or employee is required to complete a reasonable accommodation request form for recordkeeping purposes, the form should be provided as an attachment to the written procedures.
- Explain how a request for reasonable accommodation will be processed and from whom the individual will receive a final decision.
- Designate a time period during which reasonable accommodation requests will be granted or denied, absent extenuating circumstances. Time limits for decision making should be as short as reasonably possible.
- Explain the responsibility of the employee or applicant to provide appropriate medical information related to the functional impairment at issue and the requested accommodation where the disability and/or need for accommodation is not obvious.
- Explain the employer's right to request relevant supplemental medical information if the information submitted does not clearly explain the nature of the disability or the need for the reasonable accommodation, or does not otherwise clarify how the requested accommodation will assist the employee to perform the essential functions of the job or to enjoy the benefits and privileges of the workplace.
- Explain the employer's right to have medical information reviewed by a medical expert of the employer's choosing at the employer's expense.
- Provide that reassignment will be considered as a reasonable accommodation if the employer determines that no other reasonable accommodation will permit the employee with a disability to perform the essential functions of his or her current position.
- Provide that reasonable accommodation denials be in writing and specify the reasons for denial.
- Ensure that systems of recordkeeping track the processing of requests for reasonable accommodation and maintain the confidentiality of medical information received in accordance with applicable law and regulations.
- Encourage the use of informal dispute resolution processes to allow individuals with disabilities to obtain prompt reconsideration of denials of reasonable accommodation. Individuals with disabilities should be informed that they have the right to file complaints with the Equal Employment Opportunity Commission and other agencies, as appropriate.
Source: CCH Human Resources Management: Equal Employment Opportunity ¶160N. |
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