THE
SECRETARY OF TRANSPORTATION
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MEMORANDUM
TO: |
Departmental
Employees |
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FROM: |
Norman Y.
Mineta |
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SUBJECT: |
Implementation
of DOT Order 1011.1 (Procedures for Processing Reasonable Accommodation
Requests by DOT Job Applicants and Employees with Disabilities) |
I am pleased to announce the implementation
of the
It enables DOT to fulfill its obligations under Executive Order 13164, which requires all Federal agencies to develop effective written procedures for the processing of reasonable accommodation requests. Further, it will assist the Department in meeting reasonable accommodation requirements under the Rehabilitation Act of 1973, as amended. Additionally, this order will facilitate implementing the important initiatives to increase employment opportunities for people with disabilities at the Department.
I expect managers and employees at the Department to fully comply with the requirements of this order. Total integration of people with disabilities in the DOT workforce is one of my top priorities. Utilization of tools like the DOT procedures for processing reasonable accommodation requests will help the Department to achieve this important goal.
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ORDER
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PROCEDURES
FOR PROCESSING
REASONABLE
ACCOMODATION REQUESTS
BY EMPLOYEES
WITH
DISABILITIES
DISTRIBUTION: All Secretarial Offices and Operating Administrations
TABLE OF CONTENTS
CHAPTER
2. INITIATING THE REASONABLE
ACCOMMODATION REQUEST
CHAPTER
4. PROCESSING ACCOMMODATION REQUESTS
CHAPTER
5. TIME FRAMES FOR PROCESSING REQUESTS
AND PROVIDING REASONABLE ACCOMMODATIONS
CHAPTER
6. MEDICAL INFORMATION
CHAPTER
7. DECISIONS REGARDING REASONABLE
ACCOMMODATION REQUESTS
CHAPTER
8. RESOLUTION OF DISPUTES CONCERNING A
DENIED REQUEST FOR REASONABLE ACCOMMODATION
CHAPTER
9. INFORMATION AND REPORTING
CHAPTER
10. ADDITIONAL INFORMATION
1-1. PURPOSE:
This Order implements Executive Order 13164, which requires each Federal
agency to establish effective written procedures for processing requests for
reasonable accommodation by its employees and job applicants with
disabilities. Further, it assists the
1-2. SCOPE: The written procedures contained in this Order apply to all organizational components of the Department and all requests for reasonable accommodation made by or on behalf of DOT employees with disabilities and applicants for employment with disabilities. For purposes of this Order, the term “Operating Administrations” (OAs) refers to the Department's Operating Administrations, the Office of the Secretary (OST), the Office of the Inspector General (OIG), the Bureau of Transportation Statistics and the Transportation Administrative Service Center (TASC). The concept of reasonable accommodation applies to all aspects of employment, including recruitment, training, promotion, reassignment, rotational assignments, and developmental assignments, as well as the benefits and privileges of employment. Operating Administrations may supplement these procedures with written procedures tailored to their specific needs, provided such procedures are consistent with the requirements and framework set forth in this Order.
1-3. DEFINITIONS:
This Order makes reference to legal terms that are critical to
understanding the Department’s responsibilities. The following definitions are taken from the
a. An Individual with a Disability: An individual who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment.
b. Physical or Mental Impairment: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
c. Major Life Activities: Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
d. Reasonable Accommodation: Any change in the work environment or in the way things are usually done that results in equal employment opportunity for an individual with a disability.
Some examples of reasonable accommodation include:
· making existing facilities readily accessible to, and usable by, employees and applicants with a disability;
· job restructuring;
· modifying work schedules;
· reassignment to a vacant position;
· acquiring or modifying equipment or devices;
· adjusting or modifying examinations, training materials, or policies;
· providing qualified readers or interpreters.
e. Undue Hardship: Any action that requires significant difficulty or expense. If a specific reasonable accommodation causes undue hardship, the Department is not required to make that particular accommodation. Determination of undue hardship must always be determined on a case by case basis, considering factors that include the nature and cost of the accommodation needed and the impact of the accommodation on the operations of the agency. A determination that an accommodation will not be provided because to do so would result in undue hardship must be made by the Secretary or his or her designee.
f. Qualified Individual with a Disability: An individual with a disability who (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position; and (2) is able to perform the essential functions of the position, with or without reasonable accommodation.
g. Essential Functions: Those job duties that are so fundamental to the position that the individual holds or desires that he or she cannot do the job without performing them. A function can be "essential" if, among other things: the position exists specifically to perform that function; there are a limited number of other employees who could perform the function; or the function is specialized and the individual is hired based on his or her ability to perform it. A determination of the essential functions of a position is made on a case-by-case basis and reflects the job as actually performed. It is not simply the components of a generic position description.
1-4. RESPONSIBILITIES:
a. The Departmental Office of Civil Rights (DOCR). DOCR will provide policy guidance and oversee compliance with this Order. DOCR and civil rights offices within each OA will provide expert advice and consultant services to OAs on matters related to reasonable accommodation.
b. Operating Administrations (OAs). Each OA must establish and implement effective reasonable accommodation policies and procedures, consistent with this Order, within the organization and shall ensure that employees and managers are aware of this Order and all other applicable policies and procedures and understand their obligations under them. Each OA, through its designated decision maker(s), has the ultimate responsibility for accepting, processing, and determining whether to grant or deny requests for reasonable accommodations from its employees and from individuals applying for jobs in that OA. Such actions must be made in conformity with the framework set forth in this Order, including applicable deadlines. OAs are responsible for training managers and supervisors to recognize requests for reasonable accommodations and to handle them appropriately in accordance with prescribed procedures.
c. Offices of Human Resources (HR). The Departmental Office of Human Resource Management, as well as HR offices within each OA, are responsible for providing advice and guidance to supervisors, managers, and employees within their respective organizations concerning reasonable accommodation requests and related issues; and addressing, along with selecting officials, if appropriate, reasonable accommodation requests related to recruitment actions. Unless otherwise provided in applicable OA procedures, the HR office within each OA will serve as the deciding office on requests for reasonable accommodation from job applicants with disabilities. HR offices will also assist decision makers in locating appropriate vacant positions for employees with disabilities who have requested reassignment as a reasonable accommodation.
d. Legal Offices. The Department’s Office of the General Counsel, as well as legal offices within each OA, are responsible for providing advice and guidance to supervisors, managers, and entities (such as the Disability Resource Center) within their respective organizations on legal aspects of the accommodation process, such as the determination of whether an individual is a qualified individual with a disability, as defined in the Rehabilitation Act.
e. The
The