Appendix to Part 60-20 - Best Practices
41:1.2.3.1.5.0.6.9.1 :
Appendix to Part 60-20 - Best Practices
Best practices. Although not required by this part,
following are best practices for contractors:
(1) Avoiding the use of gender-specific job titles such as
“foreman” or “lineman” where gender-neutral alternatives are
available;
(2) Designating single-user restrooms, changing rooms, showers,
or similar single-user facilities as sex-neutral;
(3) Providing, as part of their broader accommodations policies,
light duty, modified job duties or assignments, or other reasonable
accommodations to employees who are unable to perform some of their
job duties because of pregnancy, childbirth, or related medical
conditions;
(4) Providing appropriate time off and flexible workplace
policies for men and women;
(5) Encouraging men and women equally to engage in
caregiving-related activities;
(6) Fostering a climate in which women are not assumed to be
more likely to provide family care than men; and
(7) Fostering an environment in which all employees feel safe,
welcome, and treated fairly, by developing and implementing
procedures to ensure that employees are not harassed because of
sex. Examples of such procedures include:
(a) Communicating to all personnel that harassing conduct will
not be tolerated;
(b) Providing anti-harassment training to all personnel; and
(c) Establishing and implementing procedures for handling and
resolving complaints about harassment and intimidation based on
sex.
Appendix A to Part 60-300 - Guidelines on a Contractor's Duty To Provide Reasonable Accommodation
41:1.2.3.1.9.5.11.6.2 : Appendix A
Appendix A to Part 60-300 - Guidelines on a Contractor's Duty To
Provide Reasonable Accommodation
The guidelines in this appendix are in large part derived from,
and are consistent with, the discussion regarding the duty to
provide reasonable accommodation contained in the Interpretive
Guidance on Title I of the Americans with Disabilities Act (ADA)
set out as an appendix to the regulations issued by the Equal
Employment Opportunity Commission (EEOC) implementing the ADA (29
CFR part 1630). Although the following discussion is intended to
provide an independent “free-standing” source of guidance with
respect to the duty to provide reasonable accommodation under this
part, to the extent that the EEOC appendix provides additional
guidance which is consistent with the following discussion, it may
be relied upon for purposes of this part as well. See §
60-300.1(c). Contractors are obligated to provide reasonable
accommodation and to take affirmative action. Reasonable
accommodation under VEVRAA, like reasonable accommodation required
under section 503 and the ADA, is a part of the nondiscrimination
obligation. See EEOC appendix cited in this paragraph.
Affirmative action is unique to VEVRAA and section 503, and
includes actions above and beyond those required as a matter of
nondiscrimination. An example of this is the requirement discussed
in paragraph 2 of this appendix that a contractor shall make
an inquiry of a disabled veteran who is having significant
difficulty performing his or her job.
1. A contractor is required to make reasonable accommodations to
the known physical or mental limitations of an “otherwise
qualified” disabled veteran, unless the contractor can demonstrate
that the accommodation would impose an undue hardship on the
operation of its business. As stated in § 60-300.2(s), a disabled
veteran is qualified if he or she has the ability to perform the
essential functions of the position with or without reasonable
accommodation. A contractor is required to make a reasonable
accommodation with respect to its application process if the
disabled veteran is qualified with respect to that process. One is
“otherwise qualified” if he or she is qualified for a job, except
that, because of a disability, he or she needs a reasonable
accommodation to be able to perform the job's essential
functions.
2. Although the contractor would not be expected to accommodate
disabilities of which it is unaware, the contractor has an
affirmative obligation to provide a reasonable accommodation for
applicants and employees who are known to be disabled veterans. As
stated in § 60-300.42(b) (see also Appendix B of this part), the
contractor is required to invite applicants who have been provided
an offer of employment, before they are placed on the contractor's
payroll, to indicate whether they are a disabled veteran who may be
protected by the Act. Section 60-300.42(d) further provides that
the contractor must seek the advice of disabled veterans who
“self-identify” in this way as to reasonable accommodation.
Moreover, § 60-300.44(d) provides that if an employee who is a
known disabled veteran is having significant difficulty performing
his or her job and it is reasonable to conclude that the
performance problem may be related to the disability, the
contractor is required to confidentially inquire whether the
problem is disability related and if the employee is in need of a
reasonable accommodation.
3. An accommodation is any change in the work environment or in
the way things are customarily done that enables a disabled veteran
to enjoy equal employment opportunities. Equal employment
opportunity means an opportunity to attain the same level of
performance, or to enjoy the same level of benefits and privileges
of employment, as are available to the average similarly situated
employee without a disability. Thus, for example, an accommodation
made to assist an employee who is a disabled veteran in the
performance of his or her job must be adequate to enable the
individual to perform the essential functions of the position. The
accommodation, however, does not have to be the “best”
accommodation possible, so long as it is sufficient to meet the
job-related needs of the individual being accommodated. There are
three areas in which reasonable accommodations may be necessary:
(1) accommodations in the application process; (2) accommodations
that enable employees who are disabled veterans to perform the
essential functions of the position held or desired; and (3)
accommodations that enable employees who are disabled veterans to
enjoy equal benefits and privileges of employment as are enjoyed by
employees without disabilities.
4. The term “undue hardship” refers to any accommodation that
would be unduly costly, extensive, substantial, or disruptive, or
that would fundamentally alter the nature or operation of the
contractor's business. The contractor's claim that the cost of a
particular accommodation will impose an undue hardship requires a
determination of which financial resources should be considered -
those of the contractor in its entirety or only those of the
facility that will be required to provide the accommodation. This
inquiry requires an analysis of the financial relationship between
the contractor and the facility in order to determine what
resources will be available to the facility in providing the
accommodation. If the contractor can show that the cost of the
accommodation would impose an undue hardship, it would still be
required to provide the accommodation if the funding is available
from another source, e.g., the Department of Veterans Affairs or a
state vocational rehabilitation agency, or if Federal, state or
local tax deductions or tax credits are available to offset the
cost of the accommodation. In the absence of such funding, the
disabled veteran must be given the option of providing the
accommodation or of paying that portion of the cost which
constitutes the undue hardship on the operation of the
business.
5. The definition for “reasonable accommodation” in §
60-300.2(t) lists a number of examples of the most common types of
accommodations that the contractor may be required to provide.
There are any number of specific accommodations that may be
appropriate for particular situations. The discussion in this
appendix is not intended to provide an exhaustive list of required
accommodations (as no such list would be feasible); rather, it is
intended to provide general guidance regarding the nature of the
obligation. The decision as to whether a reasonable accommodation
is appropriate must be made on a case-by-case basis. The contractor
must consult with the disabled veteran in deciding on the
reasonable accommodation; frequently, the individual will know
exactly what accommodation he or she will need to perform
successfully in a particular job, and may suggest an accommodation
which is simpler and less expensive than the accommodation the
contractor might have devised. Other resources to consult include
the appropriate state vocational rehabilitation services agency,
the Equal Employment Opportunity Commission (1-800-669-4000
(voice), 1-800-669-6820 (TTY)), the Job Accommodation Network (JAN)
operated by the Office of Disability Employment Policy in the U.S.
Department of Labor (1-800-526-7234 or 1-800-232-9675), private
disability organizations (including those that serve veterans), and
other employers.
6. With respect to accommodations that can permit an employee
who is a disabled veteran to perform essential functions
successfully, a reasonable accommodation may require the contractor
to, for instance, modify or acquire equipment. For the
visually-impaired, such accommodations may include providing
adaptive hardware and software for computers, electronic visual
aids, Braille devices, talking calculators, magnifiers, audio
recordings and Braille or large-print materials. For persons with
hearing impairments, reasonable accommodations may include
providing telephone handset amplifiers, telephones compatible with
hearing aids and text telephones (TTYs). For persons with limited
physical dexterity, the obligation may require the provision of
telephone headsets, speech activated software and raised or lowered
furniture.
7. Other reasonable accommodations of this type may include
providing personal assistants such as a reader, sign language
interpreter or travel attendant, permitting the use of accrued paid
leave or providing additional unpaid leave for necessary treatment.
The contractor may also be required to make existing facilities
readily accessible to and usable by disabled veterans - including
areas used by employees for purposes other than the performance of
essential job functions such as restrooms, break rooms, cafeterias,
lounges, auditoriums, libraries, parking lots and credit unions.
This type of accommodation will enable employees to enjoy equal
benefits and privileges of employment as are enjoyed by employees
who do not have disabilities.
8. Another of the potential accommodations listed in §
60-300.2(t) is job restructuring. This may involve reallocating or
redistributing those nonessential, marginal job functions which a
qualified disabled veteran cannot perform to another position.
Accordingly, if a clerical employee who is a disabled veteran is
occasionally required to lift heavy boxes containing files, but
cannot do so because of a disability, this task may be reassigned
to another employee. The contractor, however, is not required to
reallocate essential functions, i.e., those functions that
the individual who holds the job would have to perform, with or
without reasonable accommodation, in order to be considered
qualified for the position. For instance, the contractor which has
a security guard position which requires the incumbent to inspect
identity cards would not have to provide a blind disabled veteran
with an assistant to perform that duty; in such a case, the
assistant would be performing an essential function of the job for
the disabled veteran. Job restructuring may also involve allowing
part-time or modified work schedules. For instance, flexible or
adjusted work schedules could benefit disabled veterans who cannot
work a standard schedule because of the need to obtain medical
treatment, or disabled veterans with mobility impairments who
depend on a public transportation system that is not accessible
during the hours of a standard schedule.
9. Reasonable accommodation may also include reassignment to a
vacant position. In general, reassignment should be considered only
when accommodation within the disabled veteran's current position
would pose an undue hardship. Reassignment is not required for
applicants. However, in making hiring decisions, contractors are
encouraged to consider applicants who are known disabled veterans
for all available positions for which they may be qualified when
the position(s) applied for is unavailable. Reassignment may not be
used to limit, segregate, or otherwise discriminate against
employees who are disabled veterans by forcing reassignments to
undesirable positions or to designated offices or facilities.
Employers should reassign the individual to an equivalent position
in terms of pay, status, etc., if the individual is qualified, and
if the position is vacant within a reasonable amount of time. A
“reasonable amount of time” must be determined in light of the
totality of the circumstances.
10. The contractor may reassign an individual to a lower graded
position if there are no accommodations that would enable the
employee to remain in the current position and there are no vacant
equivalent positions for which the individual is qualified with or
without reasonable accommodation. The contractor may maintain the
reassigned disabled veteran at the salary of the higher graded
position, and must do so if it maintains the salary of reassigned
employees who are not disabled veterans. It should also be noted
that the contractor is not required to promote a disabled veteran
as an accommodation.
11. With respect to the application process, reasonable
accommodations may include the following: (1) providing information
regarding job vacancies in a form accessible to disabled veterans
who are vision or hearing impaired, e.g., by making an announcement
available in braille, in large print, or on computer disc, or by
responding to job inquiries via TTYs; (2) providing readers, sign
language interpreters and other similar assistance during the
application, testing and interview process; (3) appropriately
adjusting or modifying employment-related examinations, e.g.,
extending regular time deadlines, allowing a disabled veteran who
is blind or has a learning disorder such as dyslexia to provide
oral answers for a written test, and permitting an applicant,
regardless of the nature of his or her ability, to demonstrate
skills through alternative techniques and utilization of adapted
tools, aids and devices; and (4) ensuring a disabled veteran with a
mobility impairment full access to testing locations such that the
applicant's test scores accurately reflect the applicant's skills
or aptitude rather than the applicant's mobility impairment.
Appendix B to Part 60-300 - Sample Invitation to Self-Identify
41:1.2.3.1.9.5.11.6.3 : Appendix B
Appendix B to Part 60-300 - Sample Invitation to Self-Identify
[Sample Invitation to Self-Identify]
1. This employer is a Government contractor subject to the
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended by the Jobs for Veterans Act of 2002, 38 U.S.C. 4212
(VEVRAA), which requires Government contractors to take affirmative
action to employ and advance in employment: (1) disabled veterans;
(2) recently separated veterans; (3) active duty wartime or
campaign badge veterans; and (4) Armed Forces service medal
veterans. These classifications are defined as follows:
• A “disabled veteran” is one of the following:
• a veteran of the U.S. military, ground, naval or air service
who is entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under laws
administered by the Secretary of Veterans Affairs; or
• a person who was discharged or released from active duty
because of a service-connected disability.
• A “recently separated veteran” means any veteran during the
three-year period beginning on the date of such veteran's discharge
or release from active duty in the U.S. military, ground, naval, or
air service.
• An “active duty wartime or campaign badge veteran” means a
veteran who served on active duty in the U.S. military, ground,
naval or air service during a war, or in a campaign or expedition
for which a campaign badge has been authorized under the laws
administered by the Department of Defense.
• An “Armed forces service medal veteran” means a veteran who,
while serving on active duty in the U.S. military, ground, naval or
air service, participated in a United States military operation for
which an Armed Forces service medal was awarded pursuant to
Executive Order 12985.
Protected veterans may have additional rights under USERRA - the
Uniformed Services Employment and Reemployment Rights Act. In
particular, if you were absent from employment in order to perform
service in the uniformed service, you may be entitled to be
reemployed by your employer in the position you would have obtained
with reasonable certainty if not for the absence due to service.
For more information, call the U.S. Department of Labor's Veterans
Employment and Training Service (VETS), toll-free, at
1-866-4-USA-DOL.
2. [THE FOLLOWING TEXT SHOULD BE USED WHEN EXTENDING THE
“PRE-OFFER” INVITATION AS REQUIRED BY 41 CFR 60-300.42(a). THE
DEFINITIONS OF THE SEPARATE CLASSIFICATIONS OF PROTECTED VETERANS
SET FORTH IN PARAGRAPH 1 MUST ACCOMPANY THIS SELF-IDENTIFICATION
REQUEST.] If you believe you belong to any of the categories of
protected veterans listed above, please indicate by checking the
appropriate box below. As a Government contractor subject to
VEVRAA, we request this information in order to measure the
effectiveness of the outreach and positive recruitment efforts we
undertake pursuant to VEVRAA.
[ ] I IDENTIFY AS ONE OR MORE OF THE CLASSIFICATIONS OF PROTECTED
VETERAN LISTED ABOVE [ ] I AM NOT A PROTECTED VETERAN
[THE FOLLOWING TEXT SHOULD BE USED IF REQUIRED TO EXTEND THE
“POST-OFFER” INVITATION DESCRIBED IN 41 CFR 60-300.42(b). THE
DEFINITIONS OF THE SEPARATE CLASSIFICATIONS OF PROTECTED VETERAN
INCLUDED IN THE POST-OFFER INVITATION MUST ACCOMPANY THIS
SELF-IDENTIFICATION REQUEST.]
As a Government contractor subject to VEVRAA, we are required to
submit a report to the United States Department of Labor each year
identifying the number of our employees belonging to each specified
“protected veteran” category. If you believe you belong to any of
the categories of protected veterans listed above, please indicate
by checking the appropriate box below.
I BELONG TO THE FOLLOWING CLASSIFICATIONS OF PROTECTED VETERANS
(CHOOSE ALL THAT APPLY):
[ ] DISABLED VETERAN
[ ] RECENTLY SEPARATED VETERAN
[ ] ACTIVE WARTIME OR CAMPAIGN BADGE VETERAN
[ ] ARMED FORCES SERVICE MEDAL VETERAN
__________
[ ] I am a protected veteran, but I choose not to self-identify
the classifications to which I belong.
[ ] I am NOT a protected veteran.
If you are a disabled veteran it would assist us if you tell us
whether there are accommodations we could make that would enable
you to perform the essential functions of the job, including
special equipment, changes in the physical layout of the job,
changes in the way the job is customarily performed, provision of
personal assistance services or other accommodations. This
information will assist us in making reasonable accommodations for
your disability.
3. Submission of this information is voluntary and refusal to
provide it will not subject you to any adverse treatment. The
information provided will be used only in ways that are not
inconsistent with the Vietnam Era Veterans' Readjustment Assistance
Act of 1974, as amended.
4. The information you submit will be kept confidential, except
that (i) supervisors and managers may be informed regarding
restrictions on the work or duties of disabled veterans, and
regarding necessary accommodations; (ii) first aid and safety
personnel may be informed, when and to the extent appropriate, if
you have a condition that might require emergency treatment; and
(iii) Government officials engaged in enforcing laws administered
by the Office of Federal Contract Compliance Programs, or enforcing
the Americans with Disabilities Act, may be informed.
5. [The contractor should here insert a brief provision
summarizing the relevant portion of its affirmative action
program.]
Appendix C to Part 60-300 - Review of Personnel Processes
41:1.2.3.1.9.5.11.6.4 : Appendix C
Appendix C to Part 60-300 - Review of Personnel Processes
The following is a set of procedures which contractors may use
to meet the requirements of § 60-300.44(b):
1. The application or personnel form of each known applicant who
is a protected veteran should be annotated to identify each vacancy
for which the applicant was considered, and the form should be
quickly retrievable for review by the Department of Labor and the
contractor's personnel officials for use in investigations and
internal compliance activities.
2. The personnel or application records of each known protected
veteran should include (i) the identification of each promotion for
which the protected veteran was considered, and (ii) the
identification of each training program for which the protected
veteran was considered.
3. In each case where an employee or applicant who is a
protected veteran is rejected for employment, promotion, or
training, the contractor should prepare a statement of the reason
as well as a description of the accommodations considered (for a
rejected disabled veteran). The statement of the reason for
rejection (if the reason is medically related), and the description
of the accommodations considered, should be treated as confidential
medical records in accordance with § 60-300.23(d). These materials
should be available to the applicant or employee concerned upon
request.
4. Where applicants or employees are selected for hire,
promotion, or training and the contractor undertakes any
accommodation which makes it possible for him or her to place a
disabled veteran on the job, the contractor should make a record
containing a description of the accommodation. The record should be
treated as a confidential medical record in accordance with §
60-300.23(d).
Appendix A to Part 60-741 - Guidelines on a Contractor's Duty To Provide Reasonable Accommodation
41:1.2.3.1.10.5.11.5.5 : Appendix A
Appendix A to Part 60-741 - Guidelines on a Contractor's Duty To
Provide Reasonable Accommodation
The guidelines in this appendix are in large part derived from,
and are consistent with, the discussion regarding the duty to
provide reasonable accommodation contained in the Interpretive
Guidance on title I of the Americans with Disabilities Act, as
amended (ADA), set out as an appendix to the regulations issued by
the Equal Employment Opportunity Commission (EEOC) implementing the
ADA (29 CFR part 1630). Although the following discussion is
intended to provide an independent “free-standing” source of
guidance with respect to the duty to provide reasonable
accommodation under this part, to the extent that the EEOC appendix
provides additional guidance which is consistent with the following
discussion, it may be relied upon for purposes of this part as
well. See § 60-741.1(c). Contractors are obligated to
provide reasonable accommodation and to take affirmative action.
Reasonable accommodation under section 503, like reasonable
accommodation required under the ADA, is a part of the
nondiscrimination obligation. See EEOC appendix cited in
this paragraph. Affirmative action is unique to section 503, and
includes actions above and beyond those required as a matter of
nondiscrimination. An example of this is the requirement discussed
in paragraph 2 of this appendix that a contractor shall make an
inquiry of an employee with a known disability who is having
significant difficulty performing his or her job.
1. A contractor is required to make reasonable accommodations to
the known physical or mental limitations of a qualified individual
with a disability, unless the contractor can demonstrate that the
accommodation would impose an undue hardship on the operation of
its business. As stated in § 60-741.2(r), an individual with a
disability is qualified if he or she satisfies all the skill,
experience, education, and other job-related selection criteria,
and can perform the essential functions of the position with or
without reasonable accommodation. A contractor is required to make
a reasonable accommodation with respect to its application process
if the individual with a disability is qualified with respect to
that process. One is qualified within the meaning of section 503 if
he or she is qualified for a job, except that, because of a
disability, he or she needs a reasonable accommodation to be able
to perform the job's essential functions.
2. Although the contractor would not be expected to accommodate
disabilities of which it is unaware, the contractor has an
affirmative obligation to provide reasonable accommodation for
applicants and employees of whose disabilities the contractor has
actual knowledge. As stated in § 60-741.42, as part of the
contractor's affirmative action obligation, the contractor is
required to invite applicants to inform the contractor whether the
applicant believes that he or she is an individual with a
disability both prior to an offer of employment, and after an offer
of employment but before he or she begins his/her employment
duties. That invitation also informs applicants of the contractor's
reasonable accommodation obligation and invites individuals with
disabilities to request any accommodation they might need.
Moreover, § 60-741.44(d) provides that if an employee with a known
disability is having significant difficulty performing his or her
job and it is reasonable to conclude that the performance problem
may be related to the disability, the contractor is required to
confidentially inquire whether the problem is disability related
and if the employee is in need of a reasonable accommodation.
3. An accommodation is any change in the work environment or in
the way things are customarily done that enables an individual with
a disability to enjoy equal employment opportunities. Equal
employment opportunity means an opportunity to attain the same
level of performance, or to enjoy the same level of benefits and
privileges of employment as are available to the average similarly
situated employee without a disability. Thus, for example, an
accommodation made to assist an employee with a disability in the
performance of his or her job must be adequate to enable the
individual to perform the essential functions of the position. The
accommodation, however, does not have to be the “best”
accommodation possible, so long as it is sufficient to meet the
job-related needs of the individual being accommodated. There are
three areas in which reasonable accommodations may be necessary:
(1) Accommodations in the application process; (2) accommodations
that enable employees with disabilities to perform the essential
functions of the position held or desired; and (3) accommodations
that enable employees with disabilities to enjoy equal benefits and
privileges of employment as are enjoyed by employees without
disabilities.
4. The term “undue hardship” refers to any accommodation that
would be unduly costly, extensive, substantial, or disruptive, or
that would fundamentally alter the nature or operation of the
contractor's business. The contractor's claim that the cost of a
particular accommodation will impose an undue hardship requires a
determination of which financial resources should be considered -
those of the contractor in its entirety or only those of the
facility that will be required to provide the accommodation. This
inquiry requires an analysis of the financial relationship between
the contractor and the facility in order to determine what
resources will be available to the facility in providing the
accommodation. If the contractor can show that the cost of the
accommodation would impose an undue hardship, it would still be
required to provide the accommodation if the funding is available
from another source (e.g., a State vocational rehabilitation
agency) or if Federal, State, or local tax deductions or tax
credits are available to offset the cost of the accommodation. In
the absence of such funding, the individual with a disability must
be given the option of providing the accommodation or of paying
that portion of the cost which constitutes the undue hardship on
the operation of the business.
5. The definition for “reasonable accommodation” in §
60-741.2(s) lists a number of examples of the most common types of
accommodations that the contractor may be required to provide.
There are a number of specific accommodations that may be
appropriate for particular situations. The discussion in this
appendix is not intended to provide an exhaustive list of required
accommodations (as no such list would be feasible); rather, it is
intended to provide general guidance regarding the nature of the
obligation. The decision as to whether a reasonable accommodation
is appropriate must be made on a case-by-case basis. The contractor
generally should consult with the individual with a disability in
deciding on the appropriate accommodation; frequently, the
individual will know exactly what accommodation he or she will need
to perform successfully in a particular job, and may suggest an
accommodation which is simpler and less expensive than the
accommodation the contractor might have devised. Other resources to
consult include the appropriate State vocational rehabilitation
services agency, the Equal Employment Opportunity Commission
(1-800-669-4000 (voice) or 1-800-669-6820 (TTY)), the Job
Accommodation Network (JAN) - a service of the U.S. Department of
Labor's Office of Disability Employment Policy (1-800-526-7234
(voice) or 1-877-781-9403 (TTY)), private disability organizations,
and other employers.
6. With respect to accommodations that can permit an employee
with a disability to perform essential functions successfully, a
reasonable accommodation may require the contractor to, for
instance, modify or acquire equipment. For those visually-impaired,
such accommodations may include providing adaptive hardware and
software for computers, electronic visual aids, Braille writers,
talking calculators, magnifiers, audio recordings, and Braille or
large print materials. For persons with hearing impairments,
reasonable accommodations may include providing telephone handset
amplifiers, telephones compatible with hearing aids, and TTY
machines. For persons with limited physical dexterity, the
obligation may require the provision of telephone headsets,
mechanical page turners, and raised or lowered furniture.
7. Other reasonable accommodations of this type may include
providing personal assistants such as a reader, interpreter, or
travel attendant, permitting the use of accrued paid leave or
providing additional unpaid leave for necessary treatment. The
contractor may also be required to make existing facilities readily
accessible to and usable by individuals with disabilities -
including areas used by employees for purposes other than the
performance of essential job functions - such as restrooms, break
rooms, cafeterias, lounges, auditoriums, libraries, parking lots,
and credit unions. This type of accommodation will enable employees
to enjoy equal benefits and privileges of employment as are enjoyed
by employees who do not have disabilities.
8. Another of the potential accommodations listed in §
60-741.2(s) is job restructuring. This may involve reallocating or
redistributing those nonessential, marginal job functions which a
qualified individual with a disability cannot perform to another
position. Accordingly, if a clerical employee is occasionally
required to lift heavy boxes containing files, but cannot do so
because of a disability, this task may be reassigned to another
employee. The contractor, however, is not required to reallocate
essential functions, i.e., those functions that the
individual who holds the job would have to perform, with or without
reasonable accommodation, in order to be considered qualified for
the position. For instance, the contractor that has a security
guard position which requires the incumbent to inspect identity
cards would not have to provide a blind individual with an
assistant to perform that duty; in such a case, the assistant would
be performing an essential function of the job for the individual
with a disability. Job restructuring may also involve allowing
part-time or modified work schedules. For instance, flexible or
adjusted work schedules could benefit individuals with disabilities
who cannot work a standard schedule because of the need to obtain
medical treatment, or individuals with mobility impairments who
depend on a public transportation system that is not accessible
during the hours of a standard schedule.
9. Reasonable accommodation may also include reassignment to a
vacant position. In general, reassignment should be considered only
when accommodation within the individual's current position would
pose an undue hardship. Reassignment is not required for
applicants. However, in making hiring decisions, contractors are
encouraged to consider known applicants with disabilities for all
available positions for which they may be qualified when the
position(s) applied for is unavailable. Reassignment may not be
used to limit, segregate, or otherwise discriminate against
employees with disabilities by forcing reassignments to undesirable
positions or to designated offices or facilities. Employers should
reassign the individual to an equivalent position in terms of pay,
status, etc., if the individual is qualified, and if the position
is vacant within a reasonable amount of time. A reasonable amount
of time should be determined in light of the totality of the
circumstances.
10. The contractor may reassign an individual to a lower graded
position if there are no accommodations that would enable the
employee to remain in the current position and there are no vacant
equivalent positions for which the individual is qualified with or
without reasonable accommodation. The contractor may maintain the
reassigned individual with a disability at the salary of the higher
graded position, and must do so if it maintains the salary of
reassigned employees who are not disabled. It should also be noted
that the contractor is not required to promote an individual with a
disability as an accommodation.
11. With respect to the application process, appropriate
accommodations may include the following: (1) Providing information
regarding job vacancies in a form accessible to those with vision
or hearing impairments (e.g., by making an announcement available
in Braille, in large print, or on audio tape, or by responding to
job inquiries via TTY); (2) providing readers, interpreters and
other similar assistance during the application, testing and
interview process; (3) appropriately adjusting or modifying
employment-related examinations (e.g., extending regular time
deadlines, allowing a blind person or one with a learning disorder
such as dyslexia to provide oral answers for a written test, and
permitting an applicant, regardless of the nature of his or her
disability to demonstrate skills through alternative techniques and
utilization of adapted tools, aids and devices); and (4) ensuring
an applicant with a mobility impairment full access to testing
locations such that the applicant's test scores accurately reflect
the applicant's skills or aptitude rather than the applicant's
mobility impairment.
Appendix B to Part 60-741 - Developing Reasonable Accommodation Procedures
41:1.2.3.1.10.5.11.5.6 : Appendix B
Appendix B to Part 60-741 - Developing Reasonable Accommodation
Procedures
As stated in §§ 60-741.21(a)(6) and 60-741.44(d), the
development and use of written procedures for processing requests
for reasonable accommodation is a best practice. This Appendix
provides guidance contractors may wish to use should they decide to
adopt this best practice. As stated in the regulations, contractors
are not required to use written reasonable accommodation
procedures, and the failure to use such procedures will not result
in a finding of violation.
1. Designation of responsible official. The contractor
should designate an official to be responsible for the
implementation of the reasonable accommodation procedures. The
responsible official may be the same official who is responsible
for the implementation of the contractor's affirmative action
program. The responsible official should have the authority,
resources, support, and access to top management that is needed to
ensure the effective implementation of the reasonable accommodation
procedures. The name, title/office, and contact information
(telephone number and email address) of the responsible official
should be included in the reasonable accommodation procedures, and
should be updated when changes occur.
2. Description of process. The contractor's reasonable
accommodation procedures should contain a description of the steps
the contractor takes when processing a reasonable accommodation
request, including the process by which the contractor renders a
final determination on the accommodation request. If specific
information must be provided to the contractor in order to obtain a
reasonable accommodation, the description should identify this
information. For example, the contractor's reasonable accommodation
procedures may state that to obtain a reasonable accommodation, the
contractor must be informed of the existence of a disability, the
disability-related limitation(s) or workplace barrier(s) that needs
to be accommodated, and, if known, the desired reasonable
accommodation. The description should also indicate that, if the
need for accommodation is not obvious, or if additional information
is needed, the contractor may initiate an interactive process with
the accommodation requester.
3. Form of requests for reasonable accommodation. The
reasonable accommodation procedures should specify that a request
for reasonable accommodation may be oral or written and should
explain that there are no required “magic words” that must be used
by the requester to request an accommodation. The procedures should
also state that requests for reasonable accommodation may be made
by an applicant, employee, or by a third party, such as a relative,
job coach, or friend, on his or her behalf.
4. Submission of reasonable accommodation requests by
employees. The reasonable accommodation procedures should
identify to whom an employee (or a third party acting on his or her
behalf) must submit an accommodation request. At a minimum, this
should include any supervisor or management official in the
employee's chain of command, and the official responsible for the
implementation of the reasonable accommodation procedures.
5. Recurring requests for a reasonable accommodation. The
reasonable accommodation procedures should provide that in
instances of a recurring need for an accommodation (e.g., a hearing
impaired employee's need for a sign language interpreter for
meetings) the requester will not be required to repeatedly submit
or renew their request for accommodation each time the
accommodation is needed. In the absence of a reasonable belief that
the individual's recurring need for the accommodation has changed,
requiring the repeated submission of a request for the
accommodation could be considered harassment on the basis of
disability in violation of this part.
6. Supporting medical documentation. The reasonable
accommodation procedures should explain the circumstances, if any,
under which the contractor may request and review medical
documentation in support of a request for reasonable accommodation.
The procedures should explain that any request for medical
documentation may not be open ended, and must be limited to
documentation of the individual's disability and the functional
limitations for which reasonable accommodation is sought. The
procedures should also explain that the submission of medical
documentation is not required when the disability for which a
reasonable accommodation is sought is known or readily observable
and the need for accommodation is known or obvious.
7. Written confirmation of receipt of request. The
reasonable accommodation procedures should specify that written
confirmation of the receipt of a request for reasonable
accommodation will be provided to the requester, either by letter
or email. The written confirmation should include the date the
accommodation request was received, and be signed by the authorized
decisionmaker or his or her designee.
8. Timeframe for processing requests. The reasonable
accommodation procedures should state that requests for
accommodation will be processed as expeditiously as possible. Oral
requests for reasonable accommodation should be considered received
on the date they are initially made, even if the contractor has a
reasonable accommodation request form that has not been completed.
Requests for reasonable accommodation must be processed within a
reasonable period of time. What constitutes a reasonable period of
time will depend upon the specific circumstances. However, in
general, if supporting medical documentation is not needed, that
timeframe should not be longer than 5 to 10 business days. If
supporting medical documentation is needed, or if special equipment
must be ordered, that timeframe should not exceed 30 calendar days,
unless there are extenuating circumstances beyond the control of
the contractor. The procedures should explain what constitutes
extenuating circumstances. However, reasonable accommodations may
need to be provided even more expeditiously for applicants. See the
discussion of accommodation requests from applicants in section 10,
below.
9. Delay in responding to request. If the contractor's
processing of an accommodation request will exceed established
timeframes, written notice should be provided to the requester. The
notice should include the reason(s) for the delay and a projected
date of response. The notice should also be dated and signed by the
authorized decisionmaker or his or her designee.
10. Reasonable accommodation requests by applicants. The
reasonable accommodation procedures should include procedures to
ensure that all applicants, including those using the contractor's
online or other electronic application system, are made aware of
the contractor's reasonable accommodation obligation and are
invited to request any reasonable accommodation needed to
participate fully in the application process. All applicants should
also be provided with contact information for contractor staff able
to assist the applicant, or his or her representative, in making a
request for accommodation. The contractor's procedures should
provide that reasonable accommodation requests by or on behalf of
an applicant are processed expeditiously, using timeframes tailored
to the application process.
11. Denial of reasonable accommodation. The contractor's
reasonable accommodation procedures should specify that any denial
or refusal to provide a requested reasonable accommodation will be
provided in writing. The written denial should include the reason
for the denial and be dated and signed by the authorized
decisionmaker or his or her designee. If the contractor provides an
internal appeal or reconsideration process, the written denial
should inform the requester about this process.
12. Confidentiality. The contractor's reasonable
accommodation procedures should indicate that all requests for
reasonable accommodation, related documentation (such as request
confirmation receipts, requests for additional information, and
decisions regarding accommodation requests), and any medical or
disability-related information provided to the contractor will be
treated as confidential medical records and maintained in a
separate medical file, in accordance with section 503 and this
part.
13. Dissemination of procedures to employees. The
contractor should disseminate its written reasonable accommodation
procedures to all employees. Notice of the reasonable accommodation
procedures may be provided by their inclusion in an employee
handbook that is disseminated to all employees and/or by email or
electronic posting on a company Web page where work-related notices
are ordinarily posted. Notice of the reasonable accommodation
procedures should be provided to employees who work off-site in the
same manner that notice of other work-related matters is ordinarily
provided to these employees.
14. Training. The contractor should provide annual
training for its supervisors and managers regarding the
implementation of the reasonable accommodation procedures. Training
should also be provided whenever significant changes are made to
the reasonable accommodation procedures. Training regarding the
reasonable accommodation procedures may be provided in conjunction
with other required equal employment opportunity or affirmative
action training.