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Process an ADA
Accommodation Request (REV 30219)
April 25, 2019
(Session Resources updated with poll answers on April 26 2019)
Updated Session Resources
• PowerPoint Presentation (includes agenda on Page 3) – Pages 2-17
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April 25, 20192-3 p.m.
Process an ADA Accommodation Request
WelcomeWelcome
Jerry Swank, Program Administrator
Training and Professional Development
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GoToWebinar HousekeepingGoToWebinar Housekeeping
During the session, you may submit your questions any time using the Questions pane in GoToWebinar.
• To submit a question, type your question in the Questions pane on the control panel of the GoToWebinar screen and select “Send” to submit your question.
• We will answer as many questions as time allows.
• If we lose video, we expect that audio will continue. You can still submit questions in the Questions pane.
Presenters: Sheila Wright-Davis and Mildred Hill, Employee Relations
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AgendaAgenda
• Objectives.
• ADA Accommodation Request Process.
• Questions and Answers.
• Wrap-up.
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ObjectivesObjectives
• Describe the ADA accommodation process.
• List each step in the interactive process.
• Identify reasons for denying a requested accommodation.
• Explain the criteria for an undue hardship.
• Identify the process for monitoring an accommodation.
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Today’s PresentersToday’s Presenters
Sheila Wright-Davis and Mildred Hill, ADA Coordinators
Employee Relations
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ADA Accommodation ProcessADA Accommodation Process
Follow the proper accommodation process.
1. Receive the accommodation request.
2. Gather information.
3. Begin the interactive process.
4. Choose an effective accommodation.
5. Process the approval.
6. Implement the accommodation.
7. Monitor the accommodation.
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Step One: Receive the Accommodation Request
Step One: Receive the Accommodation Request
Employee Relations:
• Receives Employee ADA Accommodation Request form.
• Certifies employee has a disability.
• Verifies requested accommodation with employee.
• Notifies employee’s supervisor to begin the interactive process.
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Step One: Receive the Accommodation Request
Step One: Receive the Accommodation Request
Recognize an Employee Request for Accommodation
• An ADA request is any communication in which an employee indicates he or she has a problem, or asks for a change or equipment due to a medical condition.
– The employee may use plain English.
– The request does not require special words (such as reasonable accommodation, ADA, disability).
• If communication is unclear, confirm if the employee is requesting an accommodation.
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Scenario 1Scenario 1
Example A: An employee tells her supervisor: “I’m having trouble getting to work at my scheduled start time because of medical treatments I’m undergoing.”
Example B: An employee tells his supervisor: “I need six weeks off to get treatment for a back problem.”
Which example represents an accommodation request?
A. Example A.
B. Example B.
C. Both examples.
D. Neither example.
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Scenario 1 Correct AnswerScenario 1 Correct Answer
C. Both examples represent accommodation requests.
There is no set language which must be used in an accommodation request.
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Step Two: Gather InformationStep Two: Gather Information
Supervisors should analyze the position description to determine the essential job functions.
• Essential job functions are fundamental or critical job duties the employee must be able to perform.
• These include quantitative, qualitative, cognitive and behavioral requirements.
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Step Two: Gather InformationStep Two: Gather Information
Determine if a function is essential.
Elements to consider:
• Task or function is the reason the position exists.
• No other way or limited potential to redistribute tasks.
• The position requires specific expertise or ability.
• The employee spends most of his or her work time performing the function.
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Step Three: Begin the Interactive ProcessStep Three: Begin the Interactive Process
The supervisor and employee should work together to identify barriers that prevent the employee from performing the essential job functions.
Discuss the following:
• What are the employee’s functional limitations?
• What essential job functions can the employee no longer perform without an accommodation?
• What accommodation, if any, did the employee request?
• Brainstorm alternative accommodations that would allow employee to perform the essential job functions.
– The employee should suggest accommodations during the interactive process.
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Step Four: Choose an Effective Accommodation
Step Four: Choose an Effective Accommodation
Evaluate the effectiveness of each accommodation identified in Step Three.
Ask whether the accommodation will:
• Enable the employee to perform the essential job functions.
• Remove essential job function(s).
• Lower performance standards.
• Fundamentally alter the business process functions.
• Cause an undue hardship; contact Employee Relations for guidance.
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Step Four: Choose an Effective Accommodation
Step Four: Choose an Effective Accommodation
Submit the recommendation to Employee Relations.
Recommendation includes:
• The date(s) and time(s) of the discussion(s) between the supervisor and employee.
• The key discussion points of the interactive process.
• Employee-suggested accommodation options.
• Supervisor-suggested accommodation options.
• Effective accommodation recommendation(s) identified and agreed upon by the parties.
– Employee Relations must review and approve the recommended accommodation.
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Step Four: Choose an Effective Accommodation
Step Four: Choose an Effective Accommodation
Submit the recommendation to Employee Relations.
Recommendation includes:
• Any accommodations offered to and rejected by the employee.
• Program’s recommended accommodation(s) that will effectively enable the employee to perform the essential job functions.
• If you recommend an alternative accommodation, explain why, and describe how it will effectively eliminate the workplace barrier.
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Step Four: Choose an Effective Accommodation
Step Four: Choose an Effective Accommodation
Accommodation Trial Period
When submitting recommended accommodation:
• If you want to test an accommodation, notify Employee Relations on how long the trial period will be.
– It should not exceed 90 days.
• Before the end of the trial period, the supervisor must decide whether or not the accommodation should permanently continue.
– Supervisor must submit a decision to Employee Relations no later than 10 days before the trial period ends.
– Supervisor must submit a Justification for Denial of Requested Accommodation form if the accommodation will not continue.
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Step Four: Choose an Effective Accommodation
Step Four: Choose an Effective Accommodation
Reasons for denying a requested accommodation:
• Removal of essential job function.
• Reduction in productivity standards.
• The employee failed to comply with the provisions of the approved accommodation.
• Undue hardship.
– Results in a significant difficulty or expense (based on entire Department budget).
– Fundamentally alters the business process functions.
– Limited number of employees who can perform the work.
– Overly disruptive to another employee’s ability to work.
– Poses safety and/or security concerns.
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The supervisor will be required to provide detailed a explanation to support the recommendation to deny the accommodation.
Scenario 2Scenario 2
An employee with cancer is undergoing chemotherapy. Because of the treatment, the employee is subject to fatigue and finds it difficult to keep up with her regular workload. She has submitted an ADA Accommodation Request to restructure her job duties so that she can focus only on the essential functions of her job. The employer transfers three of her job functions to another employee for the duration of the chemotherapy sessions. The second employee is unhappy to have the extra assignments.
Is this an undue hardship?
A. Yes
B. No
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Scenario 2 Correct AnswerScenario 2 Correct Answer
B. No. This is not an undue hardship.
The duties that were transferred were not essential functions.
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Step Five: Process the ApprovalStep Five: Process the Approval
ADA coordinator will:
• Review the recommended accommodation with the employee as needed.
• Review the supervisor’s recommended accommodation(s).
– Discuss the recommendation(s) with the supervisor and Office of General Counsel, if applicable.
• Prepare the ADA Determination Letter.
• Email the ADA Determination Approval or Denial Letter to the employee, supervisor and program liaison.
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Step Five: Process the ApprovalStep Five: Process the Approval
If the accommodation requires a purchase, the supervisor must notify Employee Relations and provide the following information:
• Name of the person ordering the equipment or service.
• Name and cost of the item.
• Name of the person approving the purchase.
Employee Relations emails the ADA Approval Letter to Finance and Accounting regarding the ADA purchase, and sends a copy to the supervisor.
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Step Six: Implement the AccommodationStep Six: Implement the Accommodation
Assist your direct report to make sure he or she can implement the accommodations correctly. To implement specific accommodations:
• Equipment, furniture or software – Purchase, properly install and train the employee in its proper use, if necessary.
• Schedule change or policy modification – Inform managers or supervisors who need the information to effectively implement change.
• Reassignment – Give employee training and time to acclimate to the new job.
• Additional scheduled breaks – Develop a work schedule to identify how to account for the additional breaks, either through extended work hours or the employee’s sick or annual leave hours.
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Step Seven: Monitor the AccommodationStep Seven: Monitor the Accommodation
Remember to monitor accommodations after implementation.
Monitoring must occur:
• Within 90 days of accommodation implementation, and
• Annually from the implementation date.
Monitoring process:
• Meet with employee.
• Conduct and document accommodation review using the Monitoring Reasonable Accommodation Effectiveness form.
• Submit monitoring form to Employee Relations.
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Confidentiality of ADA Accommodation Requests
Confidentiality of ADA Accommodation Requests
• Medical documentation is confidential under federal law.
• Do not discuss an employee’s ADA accommodation with other employees.
• Follow the Department of Revenue’s ADA Procedures when you handle an Employee ADA Accommodation Request form.
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ResourcesResources
• Accommodations website.
• Americans with Disabilities Act (ADA) policy.
• Americans with Disabilities Act (ADA) procedures.
• ADA Process job aid.
• ADA Process job aid for supervisors.
• Employee ADA Accommodation Request form.
• Monitoring Reasonable Accommodation Effectiveness form.
• Justification for Denial of Requested Accommodation form.
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Questions and AnswersQuestions and Answers
You may submit your questions using the Questions pane in GoToWebinar.
• To submit a question, type your question in the Questions pane on the control panel of the GoToWebinar screen and select “Send” to submit your question.
• We will answer as many questions as time allows.
• If we lose video, we expect that audio will continue. You can still submit questions in the Questions pane.
Presenters: Sheila Wright-Davis and Mildred Hill, Employee Relations
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Wrap-upWrap-up
• Objectives:
– Describe the ADA accommodation process.
– List each step in the interactive process.
– Identify reasons for denying a requested accommodation.
– Explain the criteria for an undue hardship.
– Identify the process for monitoring an accommodation.
• Future 411 sessions.
• Evaluation.
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Thank you for attendingThank you for attending
Process an ADA Accommodation Request
ADA-200150 R. 5/2018
AMERICANS WITH DISABILITIES ACT (ADA) Justification for Denial of Requested Accommodation
Employee Relations Office - Telephone: (850) 617-8370 - FAX: (850) 922-6601
Email: [email protected]
THIS FORM IS TO BE USED ONLY WHEN RECOMMENDING A DENIAL OF AN ADA ACCOMMODATION REQUEST.
SECTION 1 - IDENTIFICATION
(a) EMPLOYEE REQUESTING AN ADA ACCOMMODATION
Last Name First Name People First ID Number
Program Select Process Job Title
Building/Service Center Location (City/State) /
(b) SUPERVISOR
Last Name First Name Position Title
(c) REVIEWING MANAGER/PROGRAM LIAISON
Last Name First Name Position Title
SECTION 2 – BASIS FOR DENIAL
Check the factors that apply to the accommodation requested.
The requested accommodation would remove essential job functions
The requested accommodation would lower performance standards
The requested accommodation would fundamentally alter the functions of the business process
The requested accommodation would cause an Undue Hardship - Generalized conclusions will not suffice to support a claim of undue hardship. It must be based on an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty or expense. Consider all possible resources when assessing the accommodation request.
The nature and cost of the accommodation requested
There are a limited number of employees accountable to perform the work
The impact of the accommodation on the operation of the facility would be unduly disruptive to other employees’
ability to work.
SECTION 3 - DETAILED JUSTIFICATION
Describe in detail the circumstances that cause the requested ADA accommodation to be denied. Include documentation of the interactive process. (i.e. dates and times; discussions; any accommodations offered and not agreed upon). Note all pertinent facts to support your denial. Use additional sheets if necessary.
Supervisor Signature Date
Reviewing Manager/Program Director Signature Date
Submit form and supporting documents to: Florida Department of Revenue Office of Workforce Management /Employee Relations Office 5050 W. Tennessee Street, Mail Stop 1-3400 Tallahassee, FL 32399-0115 Fax: (850) 922-6601 Email: [email protected]
(Revised January 1, 2019)
MONITORING REASONABLE ACCOMMODATION EFFECTIVENESS
A. EVALUATING CURRENT ACCOMMODATION(S) FOR EFFECTIVENESS
1. What accommodations have been implemented to enable the employee to perform
essential job duties or enjoy equal benefits or privileges?
For example, employee works from home as-needed, has a flexible schedule three
days per week, or uses assistive technology daily.
2. If equipment or software was provided, was the employee trained in the use of that
equipment or software and does the employee report that the training was sufficient
to meet his/her needs?
Yes
No
If no, explain:
3. If a service (e.g., interpreter, reader, CART) was provided, does the employee report
that the service is meeting his/her needs? Who is/was responsible for arranging the
service?
4. If workstation equipment was provided, is it being used effectively and properly?
Explain any issues in using workstation equipment.
(Revised January 1, 2019)
5. Are the accommodations currently enabling the employee to perform essential job
functions?
Yes
No
6. What difficulties, if any, does the employee experience when using accommodations
(i.e., equipment does not work, scheduling needs not met, etc.)?
7. Is the employee currently requesting additional or alternative accommodations?
Yes
No
If yes:
• What essential job function(s) is s/he having difficulty performing?
• What employment benefit(s) is s/he having difficulty accessing?
• What limitation(s) is/are interfering with his/her ability to perform the job or
access an employment benefit?
8. Explain what new accommodations are being requested and how the employee, or
his/her representative, believes the accommodations will assist the employee.
(Revised January 1, 2019)
B. RECOMMENDATIONS
The employee should:
Maintain accommodation(s) “as is”
Continue with current accommodations but with adjustments*
Discontinue current accommodations*
Receive alternative accommodations*
*Explain:
If new or additional accommodations are required, does equipment need to be ordered
or a service purchased?
Yes
No
Sign and date below and return the completed form to the Employee Relations Office,
ADA Coordinator. If changes to current accommodation(s) are recommended the
supervisor and/or employee will be contacted regarding next steps in the
accommodation process.
_________________________________ ___________________
Supervisor Signature: Date:
________________________________ ___________________
Employee Signature: Date:
Please return this form to: Florida Department of Revenue Office of Workforce Management/Employee Relations Office
5050 W. Tennessee Street, Mail Stop 1-3400, Tallahassee, FL 32399-0115 Fax: (850) 922-6601 Email: [email protected]
