What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request...

6
Reasonable Accommodation in the U.S. Postal Service A Guide for Employees and Applicants Publication 316 November 2005

Transcript of What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request...

Page 1: What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request for reasonable accommodation will activate an interactive process to determine whether

What Happens After My Request Is Made?Your request for reasonable accommodation willactivate an interactive process to determinewhether you are a qualified individual with adisability who meets minimum qualifications. If so,essential functions of your job or the job for whichyou applied are identified, your abilities andlimitations are considered, potentialaccommodations and their feasibility are identified,and the reasonableness of the accommodations isdetermined. Also considered are whether theaccommodation would pose an undue hardship tothe Postal Service and whether theaccommodation would eliminate or reduce anydirect threat of harm to you or others. You will beinvolved in this interactiveprocess.

When Will I Receive a Decision?While expedited processing maybe necessary to enable anindividual to apply for a job or toparticipate in a specific activity scheduled to occurshortly, you will normally receive a decision fromyour manager or the examination administrationoffice within 20 business days from the date of therequest where the accommodation is simple andstraightforward and no extenuating circumstancesapply. In cases where substantiatingdocumentation is required or where there areextenuating circumstances, you will be notified ofthe reason for delay and the approximate date onwhich a decision is expected.

What Else Should I Know?At the Postal Service’s expense, a medical expertof the Postal Service’s choosing may further reviewyour medical documentation. In all cases, yourmedical records will be kept confidential.

What Happens If My RequestIs Denied?You will be notified in writing ofthe reason for the denial and thename of the person or the officethat made the decision. Further,

if you are a qualified individual with a disability,you will be advised of your ability to participatein any informal dispute resolution processes,your right to file an EEO complaint, and any otherappeal rights to which you may be entitled.

Where Can I Get Additional Information AboutReasonable Accommodation?This material is intended as a general referencefor information purposes. For detailedinformation see Handbook EL-307, ReasonableAccommodation, An Interactive Process,available in hard copy from your HumanResources Office and the Material DistributionCenter. The handbook is also available online attwo Postal Service Web sites: Intranet(blue.usps.gov/cpim/) and Internet(www.usps.com).

The Postal Service is committed to building andmaintaining an effective, diverse, and motivatedworkforce — a goal reinforced in the PostalService’s Transformation Plan.

Publication 316, November 2005PSN 7690-07-000-7707

© 2005 U.S. Postal ServiceCover Illustration © Jose Ortega/SIS

ReasonableAccommodation in the U.S. Postal ServiceA Guide for Employees and ApplicantsPublication 316November 2005

Page 2: What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request for reasonable accommodation will activate an interactive process to determine whether

The Rehabilitation Act of 1973applies to the Postal Service™ andprohibits discrimination againstqualified employees and jobapplicants with disabilities. The Actalso imposes an obligation on the

Postal Service to find ways to accommodate aqualified individual with a disability whereappropriate.

Who Is Eligible for Protection Under theRehabilitation Act?To be protected under the Act, an individual must bequalified to perform the job and show that he or sheis a person:� With a disability;

� With a record of a disability;

� Responsible or caring for a person with a disability; or

� Regarded as having a disability.

Who Is a Qualified Person With a Disability?A qualified person with a disability is one who has aphysical or mental impairment that substantiallylimits a major life activity, meets prerequisites (skills,experience, education, and other requirements) forthe job the individual holds or desires, and canperform the essential functions of the position with orwithout reasonable accommodation.

What Is a Physical or MentalImpairment?A physical or mental impairmentcan include: � Any physiological disorder or

condition.

� Cosmetic disfigurement.

� Anatomical loss affecting one or more of thefollowing body systems: neurological,musculoskeletal, special sense organs, respiratory,cardiovascular, reproductive, digestive, genito-urinary, hemic, lymphatic, skin, or endocrine.

� Any mental or psychological disorder, such asmental retardation or organic brain syndrome, andcan encompass emotional or mental illness andsome learning disabilities.

What Is a Major Life Activity?Generally, a major life activity is an activity offundamental significance to most persons and notsimply something important to a particular individual.A major life activity includes obvious functions suchas hearing, seeing, walking, speaking, caring for self,performing manual tasks, and breathing.

When Does an Impairment Substantially Limit aMajor Life Activity? An impairment substantially limits a major life activitywhen it either renders an individual unable to performthe major life activity or significantly restricts his orher performance when compared to an averageperson’s performance of the same activity.

What Is the Goal of ReasonableAccommodation?The goal of reasonableaccommodation is to enableindividuals with disabilities to enjoyequal employment opportunity. The Postal Servicerequires the same performance standards andconduct of employees with disabilities as it does ofother employees.

Does Every Person With a Disability Require anAccommodation?No. Many qualified individuals with disabilities areable to advance through the selection process andperform their jobs without any particularaccommodation.

How Do I Make a Request for ReasonableAccommodation?If you are an employee and believe you are aqualified individual with a disability who requiresaccommodation in the application process (includinga Postal Service exam), in your job, or in a job you

seek, make your request orally orin writing to your supervisor ormanager. If you are applying forPostal Service employment, makeyour request to the examiner,selecting official, or local manager

of Human Resources. Explain the nature of yourlimitations and the accommodation you need. (Thisrequest can also be made by someone on yourbehalf.)

What Are My Responsibilities?If you believe that because of a mental or physicaldisability the testing process will be an artificialbarrier to your demonstration of the knowledge,skills, and abilities required in the job, you areresponsible for making your needs known as earlyas possible to the appropriate official. Requestaccommodation in advance by contacting theexamination administration office, selecting official,or local manager of Human Resources. Similarly, ifyou are an employee bidding or applying for a joband need accommodation for the job desired or insome component of the selection process(application completion, interview, training), you areresponsible for making your needs known to theexaminer or local Human Resources manager.Request accommodation in enough time to allowfor a timely decision.

If your disability is not obvious or already known,you may be required to provide documentationfrom an appropriate professional to clearly explainthe nature and/or impact of the impairment, theneed for reasonable accommodation, and/or toclarify how the requested accommodation mayhelp you to perform the essential functions of thejob. If the documentation provided is not sufficient,supplemental medical informationmay be required, including whereappropriate, examination by amedical specialist of the PostalService’s choosing and at thePostal Service’s expense.

Page 3: What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request for reasonable accommodation will activate an interactive process to determine whether

The Rehabilitation Act of 1973applies to the Postal Service™ andprohibits discrimination againstqualified employees and jobapplicants with disabilities. The Actalso imposes an obligation on the

Postal Service to find ways to accommodate aqualified individual with a disability whereappropriate.

Who Is Eligible for Protection Under theRehabilitation Act?To be protected under the Act, an individual must bequalified to perform the job and show that he or sheis a person:� With a disability;

� With a record of a disability;

� Responsible or caring for a person with a disability; or

� Regarded as having a disability.

Who Is a Qualified Person With a Disability?A qualified person with a disability is one who has aphysical or mental impairment that substantiallylimits a major life activity, meets prerequisites (skills,experience, education, and other requirements) forthe job the individual holds or desires, and canperform the essential functions of the position with orwithout reasonable accommodation.

What Is a Physical or MentalImpairment?A physical or mental impairmentcan include: � Any physiological disorder or

condition.

� Cosmetic disfigurement.

� Anatomical loss affecting one or more of thefollowing body systems: neurological,musculoskeletal, special sense organs, respiratory,cardiovascular, reproductive, digestive, genito-urinary, hemic, lymphatic, skin, or endocrine.

� Any mental or psychological disorder, such asmental retardation or organic brain syndrome, andcan encompass emotional or mental illness andsome learning disabilities.

What Is a Major Life Activity?Generally, a major life activity is an activity offundamental significance to most persons and notsimply something important to a particular individual.A major life activity includes obvious functions suchas hearing, seeing, walking, speaking, caring for self,performing manual tasks, and breathing.

When Does an Impairment Substantially Limit aMajor Life Activity? An impairment substantially limits a major life activitywhen it either renders an individual unable to performthe major life activity or significantly restricts his orher performance when compared to an averageperson’s performance of the same activity.

What Is the Goal of ReasonableAccommodation?The goal of reasonableaccommodation is to enableindividuals with disabilities to enjoyequal employment opportunity. The Postal Servicerequires the same performance standards andconduct of employees with disabilities as it does ofother employees.

Does Every Person With a Disability Require anAccommodation?No. Many qualified individuals with disabilities areable to advance through the selection process andperform their jobs without any particularaccommodation.

How Do I Make a Request for ReasonableAccommodation?If you are an employee and believe you are aqualified individual with a disability who requiresaccommodation in the application process (includinga Postal Service exam), in your job, or in a job you

seek, make your request orally orin writing to your supervisor ormanager. If you are applying forPostal Service employment, makeyour request to the examiner,selecting official, or local manager

of Human Resources. Explain the nature of yourlimitations and the accommodation you need. (Thisrequest can also be made by someone on yourbehalf.)

What Are My Responsibilities?If you believe that because of a mental or physicaldisability the testing process will be an artificialbarrier to your demonstration of the knowledge,skills, and abilities required in the job, you areresponsible for making your needs known as earlyas possible to the appropriate official. Requestaccommodation in advance by contacting theexamination administration office, selecting official,or local manager of Human Resources. Similarly, ifyou are an employee bidding or applying for a joband need accommodation for the job desired or insome component of the selection process(application completion, interview, training), you areresponsible for making your needs known to theexaminer or local Human Resources manager.Request accommodation in enough time to allowfor a timely decision.

If your disability is not obvious or already known,you may be required to provide documentationfrom an appropriate professional to clearly explainthe nature and/or impact of the impairment, theneed for reasonable accommodation, and/or toclarify how the requested accommodation mayhelp you to perform the essential functions of thejob. If the documentation provided is not sufficient,supplemental medical informationmay be required, including whereappropriate, examination by amedical specialist of the PostalService’s choosing and at thePostal Service’s expense.

Page 4: What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request for reasonable accommodation will activate an interactive process to determine whether

The Rehabilitation Act of 1973applies to the Postal Service™ andprohibits discrimination againstqualified employees and jobapplicants with disabilities. The Actalso imposes an obligation on the

Postal Service to find ways to accommodate aqualified individual with a disability whereappropriate.

Who Is Eligible for Protection Under theRehabilitation Act?To be protected under the Act, an individual must bequalified to perform the job and show that he or sheis a person:� With a disability;

� With a record of a disability;

� Responsible or caring for a person with a disability; or

� Regarded as having a disability.

Who Is a Qualified Person With a Disability?A qualified person with a disability is one who has aphysical or mental impairment that substantiallylimits a major life activity, meets prerequisites (skills,experience, education, and other requirements) forthe job the individual holds or desires, and canperform the essential functions of the position with orwithout reasonable accommodation.

What Is a Physical or MentalImpairment?A physical or mental impairmentcan include: � Any physiological disorder or

condition.

� Cosmetic disfigurement.

� Anatomical loss affecting one or more of thefollowing body systems: neurological,musculoskeletal, special sense organs, respiratory,cardiovascular, reproductive, digestive, genito-urinary, hemic, lymphatic, skin, or endocrine.

� Any mental or psychological disorder, such asmental retardation or organic brain syndrome, andcan encompass emotional or mental illness andsome learning disabilities.

What Is a Major Life Activity?Generally, a major life activity is an activity offundamental significance to most persons and notsimply something important to a particular individual.A major life activity includes obvious functions suchas hearing, seeing, walking, speaking, caring for self,performing manual tasks, and breathing.

When Does an Impairment Substantially Limit aMajor Life Activity? An impairment substantially limits a major life activitywhen it either renders an individual unable to performthe major life activity or significantly restricts his orher performance when compared to an averageperson’s performance of the same activity.

What Is the Goal of ReasonableAccommodation?The goal of reasonableaccommodation is to enableindividuals with disabilities to enjoyequal employment opportunity. The Postal Servicerequires the same performance standards andconduct of employees with disabilities as it does ofother employees.

Does Every Person With a Disability Require anAccommodation?No. Many qualified individuals with disabilities areable to advance through the selection process andperform their jobs without any particularaccommodation.

How Do I Make a Request for ReasonableAccommodation?If you are an employee and believe you are aqualified individual with a disability who requiresaccommodation in the application process (includinga Postal Service exam), in your job, or in a job you

seek, make your request orally orin writing to your supervisor ormanager. If you are applying forPostal Service employment, makeyour request to the examiner,selecting official, or local manager

of Human Resources. Explain the nature of yourlimitations and the accommodation you need. (Thisrequest can also be made by someone on yourbehalf.)

What Are My Responsibilities?If you believe that because of a mental or physicaldisability the testing process will be an artificialbarrier to your demonstration of the knowledge,skills, and abilities required in the job, you areresponsible for making your needs known as earlyas possible to the appropriate official. Requestaccommodation in advance by contacting theexamination administration office, selecting official,or local manager of Human Resources. Similarly, ifyou are an employee bidding or applying for a joband need accommodation for the job desired or insome component of the selection process(application completion, interview, training), you areresponsible for making your needs known to theexaminer or local Human Resources manager.Request accommodation in enough time to allowfor a timely decision.

If your disability is not obvious or already known,you may be required to provide documentationfrom an appropriate professional to clearly explainthe nature and/or impact of the impairment, theneed for reasonable accommodation, and/or toclarify how the requested accommodation mayhelp you to perform the essential functions of thejob. If the documentation provided is not sufficient,supplemental medical informationmay be required, including whereappropriate, examination by amedical specialist of the PostalService’s choosing and at thePostal Service’s expense.

Page 5: What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request for reasonable accommodation will activate an interactive process to determine whether

What Happens After My Request Is Made?Your request for reasonable accommodation willactivate an interactive process to determinewhether you are a qualified individual with adisability who meets minimum qualifications. If so,essential functions of your job or the job for whichyou applied are identified, your abilities andlimitations are considered, potentialaccommodations and their feasibility are identified,and the reasonableness of the accommodations isdetermined. Also considered are whether theaccommodation would pose an undue hardship tothe Postal Service and whether theaccommodation would eliminate or reduce anydirect threat of harm to you or others. You will beinvolved in this interactiveprocess.

When Will I Receive a Decision?While expedited processing maybe necessary to enable anindividual to apply for a job or toparticipate in a specific activity scheduled to occurshortly, you will normally receive a decision fromyour manager or the examination administrationoffice within 20 business days from the date of therequest where the accommodation is simple andstraightforward and no extenuating circumstancesapply. In cases where substantiatingdocumentation is required or where there areextenuating circumstances, you will be notified ofthe reason for delay and the approximate date onwhich a decision is expected.

What Else Should I Know?At the Postal Service’s expense, a medical expertof the Postal Service’s choosing may further reviewyour medical documentation. In all cases, yourmedical records will be kept confidential.

What Happens If My RequestIs Denied?You will be notified in writing ofthe reason for the denial and thename of the person or the officethat made the decision. Further,

if you are a qualified individual with a disability,you will be advised of your ability to participatein any informal dispute resolution processes,your right to file an EEO complaint, and any otherappeal rights to which you may be entitled.

Where Can I Get Additional Information AboutReasonable Accommodation?This material is intended as a general referencefor information purposes. For detailedinformation see Handbook EL-307, ReasonableAccommodation, An Interactive Process,available in hard copy from your HumanResources Office and the Material DistributionCenter. The handbook is also available online attwo Postal Service Web sites: Intranet(blue.usps.gov/cpim/) and Internet(www.usps.com).

The Postal Service is committed to building andmaintaining an effective, diverse, and motivatedworkforce — a goal reinforced in the PostalService’s Transformation Plan.

Publication 316, November 2005PSN 7690-07-000-7707

© 2005 U.S. Postal ServiceCover Illustration © Jose Ortega/SIS

ReasonableAccommodation in the U.S. Postal ServiceA Guide for Employees and ApplicantsPublication 316November 2005

Page 6: What Happens If My Request Is Denied? - National ... Happens After My Request Is Made? Your request for reasonable accommodation will activate an interactive process to determine whether

What Happens After My Request Is Made?Your request for reasonable accommodation willactivate an interactive process to determinewhether you are a qualified individual with adisability who meets minimum qualifications. If so,essential functions of your job or the job for whichyou applied are identified, your abilities andlimitations are considered, potentialaccommodations and their feasibility are identified,and the reasonableness of the accommodations isdetermined. Also considered are whether theaccommodation would pose an undue hardship tothe Postal Service and whether theaccommodation would eliminate or reduce anydirect threat of harm to you or others. You will beinvolved in this interactiveprocess.

When Will I Receive a Decision?While expedited processing maybe necessary to enable anindividual to apply for a job or toparticipate in a specific activity scheduled to occurshortly, you will normally receive a decision fromyour manager or the examination administrationoffice within 20 business days from the date of therequest where the accommodation is simple andstraightforward and no extenuating circumstancesapply. In cases where substantiatingdocumentation is required or where there areextenuating circumstances, you will be notified ofthe reason for delay and the approximate date onwhich a decision is expected.

What Else Should I Know?At the Postal Service’s expense, a medical expertof the Postal Service’s choosing may further reviewyour medical documentation. In all cases, yourmedical records will be kept confidential.

What Happens If My RequestIs Denied?You will be notified in writing ofthe reason for the denial and thename of the person or the officethat made the decision. Further,

if you are a qualified individual with a disability,you will be advised of your ability to participatein any informal dispute resolution processes,your right to file an EEO complaint, and any otherappeal rights to which you may be entitled.

Where Can I Get Additional Information AboutReasonable Accommodation?This material is intended as a general referencefor information purposes. For detailedinformation see Handbook EL-307, ReasonableAccommodation, An Interactive Process,available in hard copy from your HumanResources Office and the Material DistributionCenter. The handbook is also available online attwo Postal Service Web sites: Intranet(blue.usps.gov/cpim/) and Internet(www.usps.com).

The Postal Service is committed to building andmaintaining an effective, diverse, and motivatedworkforce — a goal reinforced in the PostalService’s Transformation Plan.

Publication 316, November 2005PSN 7690-07-000-7707

© 2005 U.S. Postal ServiceCover Illustration © Jose Ortega/SIS

ReasonableAccommodation in the U.S. Postal ServiceA Guide for Employees and ApplicantsPublication 316November 2005