FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 1
USDA - FS
WO OFFICE CIVIL RIGHTS STAFF
Moderator: Sheila Young
July 20, 2011
10:00 am CT
Coordinator:
Welcome and thank you for standing by. At this time all participants are in a
listen only mode. After today’s presentation we will hold a question and
answer session. At that time to ask a question you may press star then 1.
Today’s conference call is being recorded.
If you have any objections you may disconnect at this time. I will now turn the
conference over to Mr. (Eddie Espinosa). Sir, you may begin.
(Eddie Espinosa): All right (Sean), thank you very much. This is (Eddie Espinosa). I’m calling I am the branch chief for the Washington Office Disability Employment
branch. And I first want to apologize for our delay in getting this conference
started.
We were having some technical difficulties on our end trying to get the
captioning up. And in order for this meeting to be fully accessible to folks we
obviously need that working. So I think we’ve got all the bugs ironed out and
we’re ready to go.
Again, thank you very much. Good morning for participating in this
reasonable accommodation webinar training provided to Region 4. Joining me
today is our National Disability Employment Program Manager, (Sheila
Coleman). And she will be making the - I’m sorry, I’m sorry.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 2
We were in such a panic here. Sheila Young. And she will be doing the
presentation. And then we also have (La’Shell Coleman) who is our EEO
Specialist and Training Coordinator. She will be talking about reasonable
accommodations.
Training will touch on relevant laws pertaining to accommodations, how we
define and individual with a disability, the reasonable accommodation process
itself and the roles and responsibilities of the manager, the employee,
disability employment program managers and the mission area designee.
So without further ado we are going - I’m going to go ahead and turn this over
to Ms. Young at this time.
Sheila Young:
Thank you (Eddie). As we get started I do want to say that the webinar is
being captioned by Caption Colorado through the Federal Relay contract.
To ensure that participants with limited vision will be aware of everything of
the screen I will read and describe key points on each of the slides and then
provide additional information verbally.
The webinar will be posted on the Forest Service’s Civil Rights Web page
including the PowerPoint presentation, the audio and this transcript of the
webinar. We will send you information about getting to our Web page once
this webinar has been posted.
Additionally, there will be two questions and answers session. And I will
notify you when we’re ready to take your questions. The operator will
remained you at that time how to ask your question. Okay. Let’s get started.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 3
The topics of discussion today will be roles and responsibilities - will be the
reasonable accommodation process, laws, regulations and executive orders,
definitions of individuals with disabilities, reasonable accommodations, roles
and responsibilities of the employee, the manager, the disability employment
program manager and the mission area or designee.
We will also cover the USDA target centers responsibilities for the Forest
Service, resources both internal and external and we will also discuss the
disability etiquette and then I will summarize. Now the laws and regulations...
(Eddie Espinosa): Hold on. (Unintelligible).
Sheila Young:
I need to pause a second.
(Eddie Espinosa): Just one moment please. I apologize to all the participants out there. We are
having problems trying to get our slides to change so please bear with us. I
think it’s going to get - when it gets - whatever slide he’s on. Okay, go ahead.
Sheila Young:
Okay. The topics of discussion will be reasonable accommodations, the laws,
regulations and executive orders that falls under the reasonable
accommodation process, definitions of individuals with disabilities,
reasonable accommodations and the roles and responsibilities of the
employees, the managers, the disability employment program manager and
the mission area or designee.
We will also cover the target center’s responsibility for the Forest Service,
resources internal and external and disability etiquette. And then we’ll close
with a summary. Next slide.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 4
Now the Rehabilitation Act of 1973 was in place since - is the federal sector’s
portion of the reasonable accommodation laws and responsibilities. And the
federal government - we’re trying to become a model employer for
individuals with disabilities since 1973.
And we are not there yet but our focusing goals is to have, retain and train
qualified individuals with disabilities. We have a 2% goal for bringing
individuals with disabilities into the Forest Service. And the Rehabilitation
Act was originally passed in 1973.
And again, as I stated, it covers the federal sector. The Americans with
Disabilities Act was covered - was passed in July 1990 and it covers both the
private sector, the city, county and local government. But they merged the two
laws together in 1992.
And now we have an amendment which is called the Americans with
Disabilities Act Amendment Act of 2008. And with this particular act some
changes took place where the disabilities now - many bad - different types of
disabilities have actually been added.
And the Forest Service - we currently have a directive in place. It’s right now
at the Equal Employment Opportunity Commission for review.
Once it’s returned back to us and if no changes are needed it will be signed
and a handbook will be developed and submitted to all Forest Service
managers, supervisors and employees.
And in that particular guidance it will let you know what growth and
responsibilities are also within the Forest Service. Next slide.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
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The purpose of the Equal Employment Opportunity Commission’s
enforcement guidance is to explain when it is permissible for employers to
make disability related inquiries. And the EEOC policy and guidance provide
procedures for providing reasonable accommodation.
Also when a need may have to take place to go - to send a personnel for a
medical review. The executive order 13548 I want to highlight that particular
order because that was - became - this particular executive order is there to
increase federal employment of individuals with disabilities.
And it provides enforcement guidance for the federal sectors in hiring
individuals with disabilities within the federal government and here within the
forest service and USDA.
And to access the EEOC enforcement guidance I would like for you to go to
www.EEOC.gov and that will give you more information dealing with each
one of these guidances. Next slide. The agency’s focus is hiring, placement
and advancement of individuals with disabilities.
And to ensure reasonable accommodations and individuals with disabilities
are protected against discrimination. And the goal is to reaffirm USDA’s goal
for the employment of individuals with disabilities. And that’s where we are
trying to meet the 2% goal.
We would like to go above the 2% but the goal is 2% at the moment. And
we’re to increase the employment of individuals with targeted disabilities and
that’s where the 2% goal comes in. Next slide. This is the definition of an
individual with a disability.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
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So a person who has a physical or mental impairment that substantially limits
one or more of that person’s major life activity and that means that the person
actually has a disability whether it’s physical or mental and again a major life
activity is actually being affected.
And the ADAAA instead of saying Americans with Disabilities Amendment
Act Amendment I’m going to call it ADAAA. They have stated that
substantial limitations shall be construed broadly in favor of expensive
coverage.
And the impairment need not prevent or severely or significantly restrict a
major life activity to be considered substantially limiting. Not every
impairment will be a disability. Extensive analysis is not required at this
particular time.
Before extensive analysis was required but not now. And the primary focus
should be on a person’s qualifications for the job.
And that’s what we look at - try to look at the qualifications so therefore there
are certain pieces we would need from the manager as well as from the
employee in order to know whether the person should be in the reasonable
accommodation process.
And then the record of is those who have a record or a history of an
impairment but are incorrectly perceived to presently have an impairment.
And so they once had come through the system, possibly have a disability and
so it is on the record.
And there are some disabilities and I’ll get into that later, that are obvious and
those that are not obvious. We will discuss that. And then regarded as those
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
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particular individuals by law now we do not have to provide a reasonable
accommodation.
But they can enter into the process - if they feel that they are being
discriminated against they can go through the EEO process. Next slide.
And the statute unless the ADAAA and EEOC regulations provide two
nonexhaustive lists of major life activities and this is one list and these are this particular list looks familiar because most of these activities are ones that
were previously recognized by EEOC and most courts. Next slide.
Now this is a new category. And the new category of major life activities will
make it easier for individuals with many different types of impairments to
establish a disability.
It also includes operation of an individual’s organ within a body system such
as the operation of the kidney, liver and the pancreas. One I’ll point out - the
neurological disorder - that’s where a person’s - I’ll give you an example,
muscular sclerosis - that is a neurological disability.
And the endocrine - that particular one that’s individuals with Type I or Type
II Diabetes, osteoporosis, thyroid cancer, obesity, hypoglycemia just to name
a few.
And physicians must show how the disability identified is preventing the
employee from performing the essential functions of their positions and to
identify actions that can be taken to accommodate the identified disability so
the employee will be able to perform the essential functions of their position.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 8
Next slide. Now when looking at reasonable accommodation we need to at
times modify or adjust a job or the application process.
And in the application process the human resources office are normally
working in that capacity. But when individuals have jobs in which they may
not have had a disability in the past but now they do for some reason, they
may have been injured and they are now requesting an accommodation.
And so we need to look to see if the job should be modified in some way or
we may have to look for another position for the person.
The essential functions of a position are those that are so fundamental to the
position that the individual holds or desire that he or she cannot do it without
performing that particular task. That is what the essential functions are.
And the managers will identify the essential functions that are listed within the
position descriptions. They will give detailed information to the mission area
or designee.
So when we’re going through the reasonable accommodation process we will
know from looking at the medical documentation received and the essential
functions, whether that person can or cannot continue in the position that they
are in.
Essential functions the positions are developed from again as I stated from the
position description, and when a person with a disability is participating in the
reasonable accommodation process the manager is contacted to provide the
essential functions from the positions - again the position description.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 9
And we do talk to the employee to ask the employee if they are aware also of
the essential functions of their position. And if they are not we make the
manager aware that the person really does not know what the essential
functions are and if they could enter into an interactive process.
That means that they are talking. And engage in that communication to ensure
that the manager understands the needs of the employee. Now the manager
does not have to know what the person’s disability is but they do need to
know that the person is experiencing problems.
And from those experiences how they can actually be helped to perform the
essential functions of their job. Next slide. These are - there are at times
questions we have to ask just to ensure we know what is going on in order for
the mission area or designee to assist the employee.
And we ask is the disability and the accommodation that the person is
requesting is it really obvious? And there are hidden disabilities such as
epilepsy, heart diseases, asthma and migraines, that’s just to name a few. And
if the disability is not obvious we will have to request medical documentation.
And if the position is obvious, if the conditions that the person has is actually
obvious we look to see do we need to update whatever assistive technology
they may have on hand already? Do we really need to go through the process
of updating?
The manager’s responsibility is to act promptly or contact the disability
employment program manager for assistance. And the disability employment
program manager for Region 4 is (Sherry Neal). So they would contact
(Sherry) if they have questions dealing with the obvious disability.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 10
And then there are practical responses that should be found. Are there short
term solutions when additional review is required?
And the short term solutions could be allowing that person to work on a
temporary basis or a provisional basis and just some duties that you have
established until the medical documentation is received by the mission area
designee and the essential functions are received.
And we’re going through the process of analyzing what type of
accommodation would best meet the needs of that employee so that they will
be able to perform the essential functions of their job.
But if it’s not possible for them to continue in that process what we will do is
look to see and we will ask the individual in a letter, if they would like to
participate in the accommodation of last resort. And that’s a job reassignment.
And I will explain that later.
Are there temporary measures that can be taken and that’s something we
definitely always look at.
And we resist the urge to just dismiss the request. Sometimes, you know, we
may not know that the person actually has a disability because they may not
look as though they’re sick or that they have a disability. And they are asking
possibly to work from home until their condition improves.
The manager can’t see this person actually have a disability and they may say
no, you will stay here on the job instead of working at home. But we’re asking
the managers not to just say no right away. Have that person contact the
mission area or designee.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 11
And we have four mission area designees in the areas and we will assign the
responsibility for them to look into that particular action.
And so we’re asking the managers don’t play doctor because if that person
should file an EEO complaint and it goes through the process and you have to
sit before an administrative judge they may ask you what credentials do you
have as a physician to make that decision.
And so we’re asking you to please contact the mission area or designee or the
disability program manager - if the condition is obvious to the disability
program manager. If it’s not obvious contact the mission area or designee here
in the Washington Office and we will take it from there.
And we’ll work with you and the employee in this process. And if the
employee chooses not to come to you first to talk to you we will ask the
employee what are the reasons you’re not going to your manager to talk to
them about this issue.
And sometimes there are various reasons for doing so and I’ll discuss that
later. Next slide. The employee does not have to write their request down. It
can be written or verbal.
What we do - we ask the employee if they would reduce it to writing because
that’s the employee’s voice back to us on what they’re looking for as an
accommodation and why they’re in the process. They will be able to explain
that to us.
And it will give us a better understanding why the person is asking for a
reasonable accommodation. And the employees may have some of the areas in
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 12
which a supervisor may see the employee as having difficulties performing a
job that they once could do.
And so now the supervisor can also contact the mission area or designee but if
they do so we ask them to also talk to the employee, engage in that interactive
communication, try to resolve it if you can.
But if you cannot - if medical documentation is needed the managers do not
accept the medical documentation. The medical documentation should come
to the mission area or designee.
And so we’re asking you to send the person to us and then we will work with
them along with you to let you know - we will keep you in the process. We do
not keep the managers out of the process. And then we may find that the
employee is constantly asking for leave for some reason.
They are frequently absent from work either planned or unplanned. They have
exhausted all leave. These are some triggers that the manager should be aware
of.
They’re frequently asking for leave and they are requesting advanced sick
leave for some reason and they may not need to take leave at all.
And so what we are doing - we are asking you to bring us into the process so
that we will work with you and the employee and maybe an accommodation
can actually be provided to the individual. And then there are opportunities.
Employees are requesting to work at home.
Maybe they may not have to work at home. We could work something out
where we can still keep the person on the job. And that’s the goal.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
Page 13
And the reasonable accommodation process is to accommodate the employee
so that they will be - remain on the job instead of having to work from home
or to take leave in any fashion. And so one of the areas that I’d like to work at
also is FMLA.
Sometimes the person could invoke FMLA instead of coming through the
reasonable accommodation process. And if they should do so the two laws are
totally different.
We are requesting if the employee should invoke FMLA, allow them to go
through that process and maybe everything will clear in regards to that
person’s medical condition.
Or once they have gone through FMLA and we find that the person will still
need to take some leave then we can enter into the reasonable accommodation
process. Because FMLA is for 12 weeks only and you should consult with
your employee relations specialist regarding FMLA. Next slide.
And this is dealing with effective accommodation. The employee must
provide accommodations that meet the employee’s needs. And it will remove
a workplace that barrier.
And so what we look to do is try to provide an accommodation that will allow
that person to be able to come to work or if that person may need to work
from home one day a week that may be a recommendation. But we do talk to
the manager. We let the employee know that too.
We do talk to the manager to find out if the accommodations that they are
requesting on the AD 1163, that’s the agency’s confirmation that the person is
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
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requesting a reasonable accommodation, information that’s listed on there, we
will talk to the manager about those particular questions or what they’re
asking as an accommodation.
But the accommodation that we provide may not be what the employee is
requesting. The employee is not entitled to the accommodation of their choice.
Excuse me.
If two or more accommodations will be effective the manager can make the
choice of which accommodation to provide the employee. And so what we do
as mission area designees we will go through the process of reviewing the
medical documentation, the position description or an essential function.
Sometimes manager may provide us with performance demands that the
employee is under. We can use that as well. But we’re asking the manager to
be just as clear as possible because we’re not there. We’re not in your
workplace. And so therefore we’re looking at things that are distant.
And we’re depending on the employee and the manager to identify exactly
what the needs may be and how that individual can be accommodated.
And when we go through the process we’re hoping that the medical
documentation provided by the employee will give us that clue of what we
need to do in order to accommodate the employee’s needs. Next slide. And
these are types of accommodations but it’s not all inclusive.
There are other common forms of reasonable accommodation. For instance,
tele-work is not listed on there but modifying - we could modify the position
where the person could be able to work from home maybe one day a week or
two days a week. It all depends.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
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And we do depend on the manager again in identifying whether it can be
done. Modifications of schedules, removal of marginal job functions, the
marginal job functions we can take from an employee but we cannot remove
the essential functions from a position.
Unpaid leave - again beyond whatever leave the employee may have
requested and that’s leave without pay.
And so what you really want to do is to assess - the employee should assess
also and the manager what the needs are and what - the requests that they are
about to make, will I still be able to meet my job function, the essential
functions of the job and the mission of the organization. Next slide.
Now these are actions that are not required but it doesn’t say that the manager
can’t do it. But these actions are not required.
And this slide is pretty much self explanatory but I would like to say that there
may be times when for example you decide to remove an essential function
from a job for a period of time so the employee will be able to perform when
they return back to work.
But you have to reduce it to writing to let the employee know that these are a
set of duties we’re going to place you on.
So if your doctor has stated that the term of your illness is going to be short
term and so we will modify the position so that you can continue to perform a
function for us that’s something that you can do but you don’t have to.
Remember the stress and conflict with a manager is not a disability.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
Confirmation # 5898304
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You can’t ask for a reasonable accommodation to remove you from a
supervisor because you and the supervisor cannot get along. I have had those
types of requests.
And one of the things that we have to do - we have to go back to let the
employee know that EEOC states that you do not have to remove a person
from a position, reassign that person somewhere else just because they cannot
get along with co-workers or supervisors.
You have to be able to perform the essential functions of your job and getting
along with people is not one of those functions. PTSD - we’ve had individuals
described as having PTSD and that’s post traumatic stress disorder.
It is considered a disability but we would have to know in this process what
about that PTSD or post traumatic stress disorder is preventing you from
performing the essential functions of your job and that’s something that we’re
asking the doctors to let us know, these are your job duties.
Now tell us what about your disability is preventing you from performing
these duties? Once that’s described we will go through the process of
analyzing to see if the request that you made is reasonable and if it should be
provided or an alternate accommodation provided. Next slide.
Now we’re asking the agency not to create any new bureaucratic
requirements.
And that means that the technical requirements they may have added
something in or policies maybe in place that could be altered and they really
don’t want to alter those policies because say for instance, work at home or
tele-work that’s new here now.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
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But we’re using tele-work within the federal sector. Before it was not in place.
There are some positions that may not meet that tele-work. Say for instance, a
secretary. We would have to look to see how can those secretarial duties be
performed at home if a person is asking to work at home.
Because the essential functions of that particular job - most of those duties
would have to be done in the office instead of at home. Some maybe but we
would - but the manager would have to describe what can and cannot - which
functions can and cannot be worked at home.
And procedures should be designed to expand employment opportunities for
persons with disabilities, designed to meet current requirements and potential
future changes and permit flexibility in processing requests. They have to
have so many items completed within a day.
But because of your disability you cannot produce the number of items for
that day. We may be able to look into it to find out why not. And the medical
documentation would have to support it. An agency should not adopt a one
size fits all approach to providing reasonably accommodations.
Just because two people may have the same type of disability doesn’t mean
that the accommodation for both of those individuals would be the same. And
so we have to go through the analyzation. And the agency should direct
information to the decision maker during this particular process.
We should have a decision - a deciding official for reasonable accommodation
requests. It may be the immediate supervisor. It may be the second level or
third level. But we need to have a person in place because mission area
designees do not make decisions for your organization.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
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We make recommendations. And from those recommendations we are doing a
thorough review on what we should do in order to help that person perform
the essential functions of their job. We would do the research for the
managers.
And once we do our research we will provide the information back to you
verbally first and then we’ll reduce everything to writing. Next slide. Oh,
could you go back a slide please?
I would like to reiterate never make - managers should never make direct
contact with a physician to obtain medical information when the employee
does not provide it. We as mission area designees are responsible for going
out to request the medical documentation.
And so if a person is in the reasonable accommodation process and if they do
not provide the medical documentation and they refuse to provide it then we
cannot provide the accommodation.
And so therefore the manager will have to consult with employee relations to
find out what process or what steps should I take from here. Because in this
particular process the reasonable accommodation process, medical
documentation is required if the disability is not obvious.
And again I had named a few - asthma - a person may say that they have
chemical sensitivities. Medical documentation will be required in order for us
to know what the triggers are on the job and what about the atmosphere if
they’re saying that I can’t come in because of the atmosphere.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
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What in the atmosphere is causing their condition to (exacerbate)? The
medical doctor would have to describe that and not the employee because the
disability is not obvious. Next slide.
During the application process the manager - the employee will - the
applicant, I’m sorry - the applicant will talk to the HR individual during the
application process.
But if the mission area designee or the disability employment program
manager has to intervene to assist the HR person in providing the person with
the person with the accommodation that they are asking for, then the HR
personnel will contact the mission area designee or the disability employment
program manager.
And we’re to provide accommodations that enable an employee to perform
again the essential functions. I can’t stress that enough. The manager must
provide the essential functions to the mission area designee.
And the benefits and privileges of employment - if we have staff meeting,
training of any kind and you have individuals in your workplace who are deaf
or hard of hearing and they may need a sign language interpreter, cart services
or a reader than you have to provide those particular services for that
particular person when they ask.
And even if they don’t ask and you know that you have individuals working
for you, you should automatically go out and provide the accommodations so
that person would have the same benefit and privileges of those of us who
may be - who are not hearing impaired.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
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Employer sponsored tardy even if they are off site you have to provide an
accommodation if you have individuals who are deaf or hard of hearing. Or to
make sure that the places are accessible for those individuals who have limited
mobility wherever you go.
Any business transactions outside, meetings outside of your local area, if
you’re going to a different location make sure that the place is acceptable
before you decide to have your meeting. And then employer sponsored
programs, special events - we have CFC every year.
And the kickoff can be in various locations. Just make sure that they are
accessible and you have the tools necessary for all of the employees to benefit
from those particular events. Next slide. Now undue hardship - undue
hardship in this particular area you can’t use money as the primary factor.
That’s expense - if something is expensive to provide you can’t use that to say
that I cannot provide this accommodation to a person who is requesting an
accommodation.
The requested accommodation causes an undue hardship if it is unduly costly,
extensive, substantial or disruptive or it may fundamentally alter the nature or
operation of the business and the essential functions being performed
indefinitely by co-workers that could be an example of an undue hardship,
restructuring of a position - giving it to someone else to do when that’s an
essential function.
Holding a position open and vacant for an indefinite period of time, that could
be an undue hardship. Accommodating an employee’s conduct that is so
egregious that it’s causing a lot of problems involving health and safety may
constitute an undue hardship.
FTS-USDA-FS DC OFFICE
Moderator: Sheila Young
07-20-11/10:00 am CT
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And what is not considered undue hardship is just mere inconvenience to
provide it. That’s not an undue hardship. Mere articulation of an undue
hardship without supporting reasons - you have to give supporting reasons if
you’re going to use undue hardship.
Unfairness to co-workers - you can’t use that as a means of not providing an
accommodation. And again as I stated earlier, money alone won’t do it. And
reassignment must be considered as an option. That’s not considered an undue
hardship.
And it’s not a valid reason to deny a reasonable accommodation because coworkers may get jealous or upset. For example, an employee may be excused
from certain requirements.
Maybe the reporting time may be 7:00 in the morning and yet they’re asking
to come in at 8:30 because they’re having trouble getting to work because of
their disability. And this could constitute a reasonable accommodation.
But again we would have to ask for medical documentation to support that
time change. Next slide. Standards of conduct - that very first bullet - the
rehabilitation act does not immunize disabled employees for being disciplined
for misconduct.
Sometimes managers may think that they don’t have to discipline - that they
cannot discipline a person with a disability. That’s wrong. You can. A person
with a disability can be terminated on the same process used for employees
without a disability.
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And hiring a person with a disability makes employers likely to be sued
maybe once questions some managers may have a little hesitant in bringing
individuals in. But most lawsuits under the ADA are filed by employees who
become disabled on the job, not individuals with disabilities.
And what we do we look at the abilities of the individuals coming in and not
the disability alone. And so we maybe required to accommodate to allow
employees to meet conduct rules in the future.
So if a person was chronically coming in late and they never told anyone that
they were having medical issues or their performance may have gone down
and their performance has deteriorated, they were a stellar employee at one
time, now they’re no longer a stellar employee nothing has happened.
They never said I’m having problems of any kind and you are about to place
them on a performance improvement. That’s after you have talked to the
person to find out is there anything that we can do to assist you to bring your
performance back to the level it once was?
And the person may say no. I think I’m doing great. There’s nothing you need
to do for me. They’re in denial.
And so at this particular time you would place a person on - you’re about to
place a person on a performance improvement plan and the individual realizes
now I need to make it known that I do have a disability and I need an
accommodation. What do you do?
You will continue to go the track that you were on. Place the person on a
performance improvement plan and allow the person to go through the
reasonable accommodation process because the disability is not obvious.
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You’re able to work with the individual and we would be able to give you
some guidance in that particular area. Next slide. When should an individual
request reasonable accommodation? As soon as the individual believes there’s
a need for one and only the employee would know that.
You as a manager may suspect and you can talk to the person but the person
will have to - this is a voluntary basis - the person will have to agree to
participate in the process.
And sometimes employees are reluctant to request assistance because they
may feel if there are some job assignments coming along I’m not going to get
that job assignment. Or there may be a stigma by having a disability and they
feel that they would be treated differently.
And some individuals may feel that I’ll lose my job if they know that I
actually have a disability. And so they will continue to work under stress and
that’s what they are call - and they may say stress. But we would need medical
documentation in order to support working with the individual.
And finding out exactly what’s going on and how they can actually be
accommodated. And when an employee needs to request leave or an extended
absence because of a disability they may need to go through the reasonable
accommodation process or FMLA.
And again the individual will have to make it known or if a manager is aware
that the person has a disability and it may be an intellectual disability. In the
past we used to call it mental retardation but they have changed it to an
intellectual disability.
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And with those particular individuals if they are having problems on the job
and you are aware that they are having problems work with them. You may
have to bring in assistance through the mission area designee and then we may
have to ask for additional systems from outside services. Next slide.
We’re at the question phase at this particular time. And if you have any
questions please don’t hesitate to ask them now.
Coordinator:
If you’d like to ask a question at this time please press star then 1. To
withdraw your request at any time you may press star then 2. Again, if you’d
like to ask a question please press star then 1. Our first question comes from
(Chris Johnson). Your line is open.
(Chris Johnson): You mentioned that the targeted disabilities we wanted to get to a 2% goal in
the Forest Service. What are we currently at?
Sheila Young:
We’re at .81%.
(Chris Johnson): Thank you.
Sheila Young:
You’re welcome.
(Eddie Espinosa): And that’s improved over the last year. We were at .71% about this time last
year. So we are making a significant improvement.
Coordinator:
The next question comes from (Sarah Ludell). Your line is open.
Man:
What do employees - employers do with medical notes given to them by
employees?
FTS-USDA-FS DC OFFICE
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07-20-11/10:00 am CT
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Sheila Young:
Okay. What the medical notes that you have you should keep those medical
notes separate from any personnel folders that you may have on the
employees and keep it in a separate file locked because if you are audited you
may be - the agency would be written up.
Man:
Are you still there?
Coordinator:
I’m showing no further questions in the queue.
Sheila Young:
All right. We’ll go to the next slide. And this is the roles and responsibilities
of the employee. Again I have listed the first bullet - submit requests verbally
or in writing. The employee does not have to say the magic word - reasonable
accommodation.
But they may just say that I’m having some medical issues and I need to work
from home two days during the week because they’re trying to test the
medication I’m on, can I do so? Now at that particular time the person is
asking to participate in the reasonable accommodation process.
The supervisor of that particular employee will assess the situation. They can
make the decision without coming through the reasonable accommodation
process if you know the person actually has a medical issue and that medical
issue may eventually lead to a disability.
And so if it’s again not obvious you may want to come through the reasonable
accommodation process because remember, anything that you do you will be
setting a precedent.
And if another employee should come and ask for leave because of medical
reasons the same thing, to work from home or so forth, then you would have
FTS-USDA-FS DC OFFICE
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to do the same thing. And so we want to make sure that we’re consistent in
what we do in providing the accommodation.
The manager - the employee will engage in an interactive process with the
manager or the immediate supervisor. They may have a team leader or the
disability employment program manager. They may start with the disability
employment program manager.
And if they should and - or they could come directly to the mission area
designee. And if they should do so they will let them know that the manager
should be in the process. The supervisor of that individual will be contacted.
We’ll let the individual know we will contact your manager to let them know,
and your supervisor, to let them know that you’re in the process and that
you’re asking for a reasonable accommodation.
And I would also ask the supervisor have you worked with this person before
in providing an accommodation? And if the individual’s manager may say no,
I did not - I didn’t - I was not aware, then I’ll ask you to go back and talk to
your supervisor as well.
Because what you are asking they may be able to provide it without having to
come through the reasonable accommodation process. Reasonable
accommodation requires that only the medical documentation is needed to
establish that a person has a disability.
And the disability will necessitate providing a reasonable accommodation. But
the doctor cannot be conclusive. They can’t say well you need to allow that
person to work from home because of their condition. They don’t know the
operation. You as a manager do.
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And so what we do, we work with you, the manager so you can describe to us
again by providing us the essential functions of the position. We also ask the
employee if they are - have any conduct of performance problem because
sometimes the disabilities may cause that person to have a conduct problem.
And a conduct problem I mean they are not coming into work and they’re not
calling in. That person’s disability or medication may cause them to react that
way. The individual on the - if they’re on certain medications may feel I did
call in and yet they did not.
And so it causes a conduct problem or performance. Again as I stated earlier,
stellar employees, their performance dropped. What is the cause? And it may
be their disability or the medicines that the persons are taking.
In response to a request for reasonable accommodation we cannot ask for
documentation that is not related to the person’s disability or the reason why
they’re in the process. Sometimes when we’re going through - to the doctor to
ask for information they provide too much information.
And that’s why we’re asking the managers not to receive the medical
documentation because that will actually free you of saying when I provide
this adverse action as a supervisor I may have to provide an adverse action.
The employee will possibly later on come back and say well you provided me
with this adverse action because you knew my disability. You knew my
medical condition and that’s why you’re doing this to me.
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And so we’re asking you not to provide the - not to receive the medical
documentation even if they want to give it to you. Tell them no, you don’t
want it. Send it to the mission area designees.
And this goes back to the second question that was asked about the - when
you receive documentation from the employees. Locking it up, keeping it in a
separate file cabinet. But if it’s dealing with a reasonable accommodation
contact the mission area designee.
If it’s dealing with a person under FMLA you need to consult with employee
relations in that capacity because I know that you do need medical
documentation when a person is participating in FMLA or if they’re asking
for donor’s leave.
You will need documentation to support that request. But under the reasonable
accommodation process we need to know what the disability is.
Under those particular processes they really don’t have to identify what the
disability is but they do need to know from the doctor that this is a serious
condition that the person is being treated for and how long that treatment may
be.
Under this particular process, the reasonable accommodation process, we do
need to know what the disability is, how long also whether the person is - this
is long term effect or short term or if it’s permanent.
And we also need to know the diagnosis and the prognosis and the impact this
medical condition is going to have on that person’s performing the essential
functions of their job. We need to know that.
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And we may require that the documentation about the disability and
functional limitations come from an appropriate healthcare or rehabilitation
professional.
And the appropriate professionals in any particular situation will depend on
the disability and the type of functional limitations it imposes on the person.
And the appropriate professionals may include but are not limited to doctors
including psychiatrists, psychologists, nurses, physical therapists,
occupational therapists, speech therapists, vocational rehabilitation specialists
and licensed mental health professionals.
These are the individuals we can receive information from. A person that is a
PhD but is not a doctor doctor we can’t accept documentation from that
particular person, only these particular individuals. Next slide.
Now this is the manager’s roles and responsibilities and this includes the
immediate supervisor, the team leaders. We’re asking you to engage in the
interactive process with the employee. Listen to them. Try to find out - you
don’t have to ask the person if they have a disability what it is.
But what you really want to know is having seen some of the things that
you’re doing and they’re not as great as they used to be or you have a decline
in your performance, is there something I can do to try to assist you? Do you
need a tool of some kind? It all depends on the type of work they’re doing.
This person also will approve requested accommodations. The managers will.
You may have identified this person as the deciding official. They are the ones
that will approve disability retirement, disability requests for reasonable
accommodation.
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And requests - they would normally at times request assistance from the
disability employment program manager, the disability employment program
manager again in (Sherry Neal). She will provide guidance and assistance to
you. She’s excellent in that particular area.
And so if she finds that she can’t do it, provide the assistance, she will contact
the national office and ask for assistance. She also - we also received written
disability determination letters from the mission area designee. The manager
will receive that from us.
What we do as mission area designees we will go through the process of
analyzing the person’s request for an accommodation by using the AD 1163
or if they put it in an email and state what their needs are it can come to us by
email as well.
That form is there because it makes it a lot easier to use. But they can send it
to us and identify the - we’re hoping the employee will also identify who their
supervisor is and point of contact information for that supervisor.
We’re also asking the employee to provide us with point of contact
information, the type of work that they are actually performing, that means the
job title, series and grades. And we will ask the individual to actually state to
us again what is it you’re looking for as a reasonable accommodation.
We have that information and we also after the employee - the employee may
provide medical documentation up front. And if they do it must be three
months or less. That’s in years - three months or less because we need current
medical documentation.
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If they went to the doctor last year and it may have been in April of last year,
that’s too old. We need current medical documentation because conditions do
change. They would probably improve or they may remain static or they may
get worse.
And we need to know from the doctor what we need to do to assist the
individual. And the manager responsibility is to accept or decline or make an
amendment to the written recommendations that we provide.
And so - and they can talk to us about it but if you should make a change
please let us know what those changes are.
We will provide the manager with the AD 1164 and that’s the reporting form
so they will be able to let us know what was actually provided, what type of
accommodation was actually the provided to the individual.
And the manager can also consider other options and again as I stated, this is
the immediate supervisor or the second level or the third level. We can
consider other options. If we provide one option you can come up with
another. But talk it over with us as well. Next slide.
And this is the interactive process. This is the cooperative process where both
parties are really talking to one another.
And even if the individual comes to the disability employment program
manager or the mission area designee the question would be have you talked
to your manager and if you have not, why not? We will go through that
particular process and we’ll listen.
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But we will let you know that the manager must be in the process. And the
individual must tell the employer that they need something from the employer
because of their disability. They may not know what it is.
Sometimes you may not know what type of accommodation you would need
in order to perform the essential functions of your job. And so therefore what
we would do - we would do the research for you.
We have different organizations out there that we use in order - they help us
with our research. And I’ll go over some of those later. And the
accommodation again need not be in writing. The person can verbally say that
there’s something going on with me. I’m not aware of what it is.
I’m getting some tests done and the doctor is trying to find out. But I need to
be able to take leave so that I can make my appointment. That’s requesting an
accommodation because they may not need to take leave.
You may be able to alter the schedule where they can come in, in the morning
and probably make their appointment in the afternoon. Or the appointment is
in the morning, they can come in later after the appointment. There are
various ways we can work around it.
And so do think it through. Think out of the box. That’s what we’re asking the
managers and the employee also. So think outside of the box. And the request
for accommodation doesn’t have to come from the employee.
It can come from a physician, it can come from a family member, a friend, the
manager can come and ask. Any number of people can ask.
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But what we do if they say that the person needs an accommodation and is not
the employee that’s requesting it, we will go back to the employee to confirm
that they would like to be in a reasonable accommodation process.
And the missionary designee may obtain the medical documentation to
determine if the individual’s medication would constitute a disability. That’s
something that we have to do. Because if it does not we will let you know that
you do not fall within the law itself.
But if a manager would like to provide a workplace solution to the problem,
we don’t call it a reasonable accommodation, but it’s a workplace solution so
that you will be able to perform the essential functions of your position for a
short period of time.
Because reasonable accommodation is for a permanent condition, not
temporary. And so when a person will say that I’m only going to need this
accommodation for three months that’s temporary. And so we’re asking the
managers to please work with the individual.
And again, as I stated earlier, this is the cooperative process. And the mission
area designees are available to provide guidance if the disability is not obvious
and the disability employment program manager is there to provide guidance
to you for those that are obvious disabilities. Next slide.
The disability employment programmer’s role and responsibility is to
participate in the interactive process with the employee and the manager. We
want that person to talk to the manager because if the person - if the DEPM I’ll shorten it to DEPM, Disability Employment Program Manager.
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That particular person will consult with the manager because if the employee
is coming to that person asking for assistance and for certain tools, then what
we are doing - we are - we really don’t know if what they’re asking for will
actually work because we’re not there in your organization.
We don’t know your mission totally, just little sketches of it, just from talking
to the individual. We will come to you as the manager to confirm what is
actually being requested. And so we’re asking the employee to start with the
manager first, talk to your managers and supervisors and team leaders.
If you have a need talk to them. And if you feel that you can’t then consult
with the DEPM or the mission area designee. And what we would do, we
would bring - the three of us will come together to discuss the need because
we may be able to resolve it without having to go through a long process.
And we may not need medical documentation. And the DEPMs create - will
create a case file for each person that’s coming through the process because
they would have to report out to the Washington Office, the national office.
They have to report out to let us know so we can place in the management
directive 715 the accomplishment, the proactive things that you are doing out
there.
So when we are sending that to EEOC, the Equal Employment Opportunity
Commission they will know that we are proactive in working with individuals
with disabilities within our workforce. Next slide. The DEPMs also assess the
effectiveness of various accommodations.
FTS-USDA-FS DC OFFICE
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They would go back to the person after six months, sometimes to maybe one
year, to find out if the accommodation is still working. And if it’s not then we
may have to look at alternatives. What do we really need to do?
And the employee can also come back to the DEPM to let the DEPM know
that this accommodation is not working and I really need to look at something
different. And so we would go through that process.
And they would assist the employees in completing the target centers - the
USDA target centers there’s a form that would have to be completed. And that
form is eventually sent over to the computer electronic accommodations
program within the Department of Defense.
And this particular form is for assistive technology and sometimes we’re
finding, with interpreters as well. But I think we have our own sign language
interpreter team that we use here within USDA. And so the DEPM will know
who to consult. And Disability Awareness Month - that’s in October.
We’re hoping events are taking place whether you’re putting up billboards or
just putting information out to the workforce to let them know that we do have
individuals with disabilities that have really met - they’re doing great things
not only within the Forest Service but outside of the Forest Service.
And they will also contact external resources on a need to know basis. The
external resources I’m referring to may be state vocation or rehabilitation
services. And then again they assist with the development of the MD 715 Part
J. Next slide.
Now the mission area designees - we participate in the interactive process and
we participate with the employee and the manager. And we will go through
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the process of determining whether the person has a disability. We will
request written essential functions as I stated earlier.
I’ll always emphasize essential functions of the job. We really need to know
that. Again, if a person should come to us and they say that I’m just stressed
out, I cannot work here anymore for this manager, I need to be moved to
another office to work with another manager that I know will treat me fairly.
That’s not really an accommodation in so many ways. But what we would do
- we would ask that person to provide us with medical documentation to let us
know the trigger. So we may be able to go back to the manager to say that this
person is having a difficult time working with you.
These are some of the things the person may have identified. We need to have
an interactive conversation with the employee, bringing them both into the
process so we can iron out some things. Or going through the ADR process
where you would have mediation. That could be a process.
But we are hoping that if a person is going through that particular phase they
won’t use the reasonable accommodation process for that particular purpose.
Or a person may feel that I’m being harassed. Being harassed is not a
reasonable accommodation. That’s in the EEO side of the house.
So we’re asking individuals if that’s happening, to consult with a counselor.
But we do get requests that are saying that they are harassed.
And so we’re just trying to make sure that anything that comes through the
reasonable accommodation process, that we are handling those as efficiently
and as fast as we possibly can. And we do create and maintain disability case
files on each person that’s coming into the process.
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We do not state to the manager what the person’s disability is but we will let
the manager know that the person actually have a disability and that we need
to accommodate the person or the accommodation that they are asking for we
can provide an ultimate accommodation other than the one that they had
requested.
And we also request, receive and we maintain the medical documentation and
it’s all confidential. We do hold all of that information confidential and we
keep it in a locked file cabinet. And the mission area designees are the ones
who actually can implement the reassignment process.
Once we have gone through the process of trying to accommodate the
employee and we find that we cannot accommodate the employee - say for
instance if a person is a recreation technician and they’re forestry technicians
but it’s recreation, and they are working outside, the majority of the duties are
outside, essential functions.
All of a sudden they had an injury - a back injury in which the doctor is saying
they cannot work on uneven terrain, they can’t walk on uneven terrain,
slippery slopes, they cannot lift or use heavy equipment, that’s a person we
may have to look for a job reassignment.
And we will work with a manager and the employee as well in that particular
arena. And now if we have to look for a workplace reassignment a letter will
come to the employee from the mission area designee stating that we could
not find an accommodation for you.
And so now you have an option to enter into the reassignment process and I’ll
explain the reassignment process later. But we are the ones who will
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implement the accommodation of last resort. Only the mission area designees
would do that. Next slide.
And this is the information that we will request from the doctor, the medical
provider of that particular individual.
They may have more than one medical provider and if they do we ask them to
provide the information from each one because that would give us the total
picture of what’s going on with the employee.
And we ask what the medical condition is and that’s the actual disability, the
impact that particular condition or disability will have on that person’s major
life activity. And how is this actually affecting the person not only here at
work but also the job as well?
The diagnosis and prognosis - we need to know that and how the
accommodation will enable the employee to perform the essential functions of
the job. And again, the manager would have to be very clear and not general
when they are providing the essential functions.
We are asking you to be very clear and provide as much information as you
possibly can to us again because we are not there. We do not totally know the
overall roles and responsibilities, you know, of a particular job.
And so we’re depending on you in identifying exactly what we need in order
for that person to be able to perform the essential functions. Next slide.
And if the person provides medical documentation and we review it and find
out that it’s insufficient we will go back to the employee with another letter to
ask for additional documentation from the doctor.
FTS-USDA-FS DC OFFICE
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And we will describe to them why we felt the information was not sufficient
and what we need in order to be able to know what appropriate
accommodation to recommend.
If they fail to provide the information and sometimes the medical
documentation may be so complex we will take it over to our medical officer
over at USDA. He will review it for us and he would give us a
recommendation on the next course of action we need to take.
And so there are times we will have to consult with the doctor over at USDA.
And if a person fails to provide the information requested we will send a letter
back to the employee after we normally wait - we give the person 30 days to
provide the medical documentation.
And if they don’t provide it within that 30 day timeframe we will wait another
three days. And if they don’t provide it we will send them a letter saying that
they failed to provide the medical documentation.
The case is closed but if you choose to come through the reasonable
accommodation process this is the information we need - the diagnosis to
prognosis, how your medical condition is affecting you in performing the
essential functions of your position. We still need that information.
And so if they choose to come back the door is not closed until after we go
through the reassignment process if we reach that process. Next slide. And
again we would go back to the employee as well. It all depends on the type of
accommodation provided.
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If a person has asthma or if a person has the migraines they may improve,
those particular things may improve. And so we normally would go back to
the person to ask for additional medical documentation six months to one
year. Again, it all depends on the accommodation that was actually provided.
And we provide guidance and assistance to the disability employment
program managers and we submit our responses either by email or certified by
mail. It’s normally by email unless the person is not at work and then we’ll
have to send it to their home.
And we will contact external resources on an as needed basis. And the
external resources that we would use would either be job accommodation
network or it may be a triplication of rehabilitation services. And there are
statistical reports we have to provide on a weekly, monthly or quarterly basis.
And then we assist them in development of the MD 715 and we also have
weekly meetings as a team, the mission area designees, so that we will know
what’s going on in each one of our areas. Next slide. They’re bi-weekly
meetings.
And we have - with the medical record, the confidentiality behind that,
individuals who have access to these would be the mission area designee or
the medical officer.
Now on medical emergencies there may be a time in which we have to let a
medical emergency crew for a person that’s having something that is
happening to them at any particular time or if we have fire drills and
individuals cannot walk the steps because of their disability.
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Those are individuals we need to let them know where individuals are located
in the building. And the - it’s up to the employee. They can volunteer to do it.
We can’t make them do it but they can voluntarily provide their name.
Now the HIPAA - I know a lot of persons - some people have said I can’t
provide medical documentation to you because the doctor said they can’t do it
because of the HIPAA.
But in this particular process HIPAA does not relate to what we do, okay? It
does not apply to federal agencies during the reasonable accommodation
process.
And so when we’re asking for the medical documentation it’s to help you, the
employee when you have a need, if you’re having any deficiencies on the job
in performing because of your disability and you’re requesting for a
reasonable accommodation, if you’re requesting a reasonable accommodation
we have to have a medical documentation.
Without it we cannot assist you. We cannot advise you or your manager. And
so again, as this will state, HIPAA does not apply to the agency and the
receipt of the medical information when requesting reasonable
accommodation.
But it does apply to your caregivers and your health providers and hospitals
and different things like that when people are going in and they don’t have a
need to know the information that they’re asking for. Next slide. The manager
and supervisors should only know the nature of the accommodation.
That means we let you know what you need to do in order to provide the
correct accommodation to the employee. The managers or supervisors don’t
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have a need to know what the disability is. And all medical records are subject
to the confidentiality provisions of the privacy act.
And we have to keep the information by law in a locked, secure location. And
so we do have that in our area, all mission area designees. Next slide. Now I
had talked to you about the reassignment obligation, the process.
Once we are - have gone through the accommodation process and we find that
we could not accommodate the employee’s request for an accommodation we
will send a letter to the employee to state that we could not accommodate you.
And so now you have an opportunity to elect to go through the reassignment
process. Now during this period if also the employee likes to seek other
positions on their own they can do so. They can still apply for other jobs.
But in this particular process what we do - we look at positions at the same
grade or lower. We start out at the same grade.
And what we ask you as an employee is to provide in order for us to know
that you are interested in participating in the reassignment process, we’re
asking you to provide a resume or work history, a geographic preference
because with this particular law we can look throughout the Forest Service for
a position for the employee or USDA.
And this search will take place for 90 days. But what we do - we ask you if
you would like to participate. And by providing us with these documents then
we know that you are interested in the process.
And we also ask you to - if there are any other job interests that you have, to
let us know what they are too. We will provide you with a form to complete.
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Once that information is received back and we give you five days but if you
don’t have a resume in place or if you don’t have your transcript - that’s one
other item we ask for now, the transcript as well.
If you don’t have a transcript on hand and you have to go out and get one
from the university or college you attended then just let us know when you
expect to receive it and we’ll hold the package until we receive that particular
document.
Once we receive it we will send a cover letter along with those documents to
HR. The HRO, the Human Resource Officer, will review the application and
then they will go through the process of trying to look for vacant, funded
positions that are within the Forest Service or within your area first.
For 30 calendar days they will look within your particular area, station, unit or
region and the areas that you had actually identified on the geographic
preference form.
After 30 days if they don’t find anything they will come back to you, the
employee, and say we didn’t find anything, would you like to expand the
area? And also we are going to start looking at positions below your grade.
Now any position that is found below your current grade, if you are a nine and
we find a position that’s a seven then you will receive retained salary at the
nine salary but you would go down to the seven - GS7 grade. You will retain
salary but you would not retain the grade in this particular process.
And that’s indefinite. After we go through - after they go through the process
they may find a position.
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And if they should find a position they would notify - this is HR - would
notify the gaining agency, organization, and they will let them know this is a
person - we found a position for the vacant position you have in your office.
This is the work history or resume of the person.
Is there anything that would prevent the person from being able to perform the
essential functions of this job? They don’t know that - what your disability is
or that you actually have a disability when you’re coming into the position.
They do not notify them of that.
But they do let them know that you are in the reassignment process. If nothing
is wrong then that position is offered to you, the employee. You have one time
to say yes, I’ll accept the position or no, I will not.
If you decide not to accept the position the reassignment process ends,
reasonable accommodation process also ends. And at that particular time your
manager will be notified and you could be removed from federal service.
It all depends on what happens between employee relations and your manager
at that point. If you should accept the position then they will give you a
specific period of time, reporting time, when you are to report to the new
position.
If you decide not to participate at all in the reassignment process then the case
- your reasonable accommodation process is closed.
The manager is notified that you elected not to participate in the process and
at that particular time your manager will consult with employee relations to
find out what is our next step at this point.
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And again, the agency does not have to create a position in order to
accommodate employees when they’re going through the reasonable
accommodation process. And the employee does not have to be the best
qualified.
They only have to be qualified for the position that they are being reassigned
into. Next slide.
These are some resources I have talked to you about earlier. USDA target
center - they are available to support the Forest Service employees who are
seeking to eliminate barriers for people who have visual, hearing, dexterity,
cognitive disabilities. That’s just to name a few.
And to improve accessibility and they cover the cost associated with the
accommodation. And so the organization does not have to worry about a fee how much it’s going to cost if a person is asking for an accommodation.
They do not provide in this particular process, any device that is of a personal
nature like hearing aids. They will not provide that because you need that even
off the job.
They will not provide a scooter for individuals to be able to get around in
unless you’re in a big building, a large building and your job calls for you to
take information from place to place within the organization. They can elect to
go ahead and purchase a scooter but that scooter remains on the job.
It does not go home with the employee. The Department of Rehabilitative
Services - their mission is to provide quality programs and services that
maximizes the employment and independence of persons with disabilities.
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We will go to them if we find that we have exhausted everything we possibly
could to try to accommodate an individual. And we would talk to the
employee first to see if they are willing to participate in the services the
Department of Rehabilitative Services provides.
And if they say yes, I’m willing to do so then I will contact a counselor at the
Department of Rehabilitative Services and that person will also contact the
employee.
And they would try to work some things out and then I’ll come back into the
process. And we’ll eventually bring the manager into the process.
And then the manager, employee and the counselor will have that
correspondence because what’s the main goal is, is to keep the person on the
job and also to provide the accommodations that would definitely help them to
be able to perform the essential functions of their job.
The job accommodation network is another one that I’d like to point out. They
are a consultant service used by the Office of Disability Employment Policy.
They’re part of the Department of Labor to provide information on workplace
accommodation and the employment of provisions of the Americans with
Disabilities Act which are applicable to the federal sector through the
Rehabilitation Act. That’ show they were actually created.
And that particular office also was responsible for the workforce recruitment
program. The workforce recruitment program is college students with
disabilities who are interested in working for the federal government during
the summer. And sometimes they’re looking for permanent employment.
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And we have an opportunity to bring these students in at no cost. Well there is
a cost. A semi...
(Eddie Espinosa): Yeah.
Sheila Young:
A semi cost here. I know within the Department of Defense there’s no cost to
anyone using the system. But here within the Forest Service the office that’s
handling this particular program is located in Albuquerque. It’s the human
resources office there.
(Jerry McCochran) is located here in the Washington Office, is the program
manager that will be able to assist you in placement of individuals who are
college students seeking employment through this particular program.
(Eddie Espinosa): Yeah. And you would pay the cost just like you would any other, you know,
with an intern, a student intern or if it was an employee obviously you’d pay
those employee costs.
Sheila Young:
So think about that program because this is an excellent resource. And then
we have the Veterans with Disabilities listed there. Those particular programs
have veterans that are looking for employment and some could be free for a
while until you’re ready to place them on a permanent basis.
And all of these sources are free for you to use so please go out and the job
accommodation network - they have a toolkit out there - A through - probably
through Z. For those - the toolkit consists of the various types of disabilities.
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And it will give you some insight on what you can do as managers and
employees of when you have a need for an accommodation. Next slide. And
this is disability etiquette.
I wanted to bring this slide in because we want to recognize that every person
with a disability - they’re all individuals, not collectively together. They’re all
individuals.
And so when you’re looking to provide an accommodation try not to think
about - I provided one with the same disability to another person I’m going to
provide the same accommodation to this person as well. They may not need
the identical accommodation to be different.
And use the term when you’re referring to individuals with disabilities,
instead of using handicap use the word disability. And they changed to the
word disability in 1990 and so that was when the Americans with Disabilities
Act was signed. It changed at that particular point.
And they were asking everyone to please - because a handicap - an individual
with a disability doesn’t consider themselves as being a handicap. A car can
be a handicap because it breaks down. An individual with a disability doesn’t
have a handicap.
And I can take you back to when it was actually - that term started over in
England and - after the men had come back from war and they wanted to be
able to take care of their family. They had disabilities and they had gone to the
Queen and asked can we go out and solicit?
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And what they used was a cap in their hand and people would just drop
money into it. And that’s where that term handicap came from. So let’s try not
to use that term. Let’s use disability instead.
Avoid the use of words and phrases such as cripple, sick, confined to
wheelchairs, defective, wheelchair bound. I’m sure we have all heard it. We
may have used those terms at one time. Deformed or retarded - use instead the
acceptable terms, a person with a disability or people with disabilities.
People who use wheelchairs, people with - they used to say retardation, now
it’s people with intellectual disabilities. People with epilepsy and individuals
who are hearing impaired. So let’s try to use the positive terms.
And one of the things that I would like to say is I would like to inform
everyone, both applicants and employees, managers and supervisors that
accommodations are available and it is the law to provide a reasonable
accommodation.
And in summary, medical documentation must remain confidential - oh, next
slide. Medical documentation must remain confidential and in a secure
location. The mission area designees receive medical documentation and not
the disability employment program managers.
The mission area designees determine if a person has a disability and they will
make recommendations to the deciding official. And we must apply the
accommodation of last resort reassignment.
And the disability employment program managers and mission area designees
will provide guidance to the managers, supervisors and the employees. And
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the disability employment program managers will work with the manager and
employee if the disability is obvious.
And the disability employment program managers - next slide. The disability
employment program managers will assist employees during the reasonable
accommodation process. And if they find that the mission area designee needs
to be involved they will contact us to let us know.
The target center - don’t forget the target center. And if you use - go through you cannot go directly to the target center. You would have to go through the
DEPM and the DEPM will send the paperwork to the target center. If you go
directly to the target center with your request there’s going to be a delay.
So please go through your DEPM and do not go - I know some of you know
the CEAP, the Computer Electronic Accommodations Program. Do not go
directly to them because it will be held and there is another delay.
So again the disability employment program manager will assist the
employees in completing the target center form. And the target center will
also direct you on how to get agronomic assessments performed if you need
one done.
And I’d like to reiterate that the HIPAA law, that’s Health Insurance
Portability and Accountability Act, does not apply to the agency when it
comes to medical documentation during the reasonable accommodation
process.
We must have the medical documentation in order to be able to assist you.
Next slide. Thank you and are there any questions?
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Coordinator:
If you would like to ask a question at this time please press star then 1. To
withdraw your request you may press star then 2. Again, if you’d like to ask a
question please press star then 1. Our first question comes from (Julie
Tucker). Your line is open.
(Julie Tucker):
Yes, hi. I’m just wondering so if HIPAA doesn’t apply I’m curious if it
applies to the doctor’s office and they still have to go through the clearance
with the doctor’s office to provide the information even if it doesn’t apply to
agencies. Isn’t that right?
Sheila Young:
You’re correct. What the individual would have to do - we normally give
them a form to complete where it’s a medical release form that the individual
will complete and provide that to the doctor so the doctor will know that that
information can and who that information should be released to.
(Julie Tucker):
Okay, thanks.
Sheila Young:
And the individual can also provide the medical documentation. The doctor
can give it to the individual and they in return can provide us with the medical
documentation.
Coordinator:
The next question comes from (Colleen Gamble). Your line is open.
Man:
If additional or more recent medical documentation is needed who bears the
cost of the office visit and any required tests, the employee or the agency?
Sheila Young:
The employee. If they have to go back for additional medical documentation,
because we’re hoping what the - when we originally requested the medical
documentation the doctor will provide us with what we’re asking for.
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And if it’s not sufficient then we will go back to the employee and they would
have to bear the burden of paying for it.
But if we consistently receive documentation that’s insufficient we will talk to
our doctor and he in return will let us know what we need to do, whether we
need to send the person out for a second opinion other than the doctors that
they used.
And in that case the agency will pay for it only if we send the person out to a
doctor of our choice.
Coordinator:
The next question comes from (Jennifer Stevenson). Your line is open.
(Jennifer Stevenson): This question has to do with hiring. Would an applicant who has a non
obvious diagnosed condition such as bipolar which may require
accommodation would they make that known when they apply for federal
employment?
Sheila Young:
They can use the Schedule A hiring authority. And what they would do - they
would go through stiplication or rehab services or the Veteran’s
Administration and - or their doctor but the doctor does not have to place on
that particular form what their disability is.
They would just say that the person is job ready for whatever position that
they are applying. And for a person with a hidden disability like that they
don’t have to disclose.
(Eddie Espinosa): And another thing that comes up is a lot of times folks with and without
disabilities, you know, are not aware that they need an accommodation. And
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so there’s an issue of a person who’s been working now for a month and they
go and request it.
We see cases where managers want to know if they have to provide it since
they didn’t know in advance. Well sometimes it’s hard to know what you’re
going to need on a workplace whether you have a disability or not. So we
would still just proceed like we would any other employee.
Requesting an accommodation after a person’s been hired or shortly after a
person is hired is not a reason for dismissal.
Sheila Young:
No. Because the law says once a person - the process is once they are given an
offer, a tentative offer if the position itself calls for that person to go out for,
you know, check ups or to have a physical done some jobs call for a physical
like law enforcement or fire - working on the fire.
And so in those particular things we may have to have that person go out and
have a physical because everyone else will. But normally no, I always say
report to the job. Once you’re there and if you find while you’re there you
need something then ask for it.
But not until - but you still don’t have to let them know what your disability
is.
(Eddie Espinosa): Right. And so Sheila was referring to those conditional job offers that we
make within the Forest Service.
Sheila Young:
Right.
Coordinator:
The next question comes from (Lisa Hurlis). Your line is open.
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(Lisa Hurlis):
Yeah, hi. Two questions - I’m wondering who are the mission area designees
that you’ve referred to throughout the presentation and how can they be
reached. And two, where does disability retirement come into this?
Sheila Young:
Okay. I will explain disability retirement also. The mission area designees in
the national office are (La’Shell Coleman), (Eddie Espinosa) and myself,
Sheila Young. And disability retirement - disability retirement will come in
after we have come through the process of trying to reassign the person.
Because if they apply for disability retirement without going through the
accommodation process the Office of Personnel Management have in a
disability package, that 3112 - the Standard Form 3112 is the disability
package. And in that package they have a form, the 3112 D as in Delta.
That’s the agency’s certification that we could not reassign or accommodate
the person. And so we have to go through the accommodation process first.
If we find that we cannot reassign the person, we couldn’t find a job for them
within 90 days, calendar days, if nothing is found then the option the person
will have is to apply for disability retirement. Now the agency does not
approve disability retirement.
Only OPM approves disability retirement. In that 3112 package there is a
form for the employee to take to their physicians. And what they would need
is to provide two years worth of medical documentation.
And in that medical documentation they also would have to show any testings
that they have gone through. The doctor cannot be conclusory in the
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documentation. And any medications that they’re taking, all of that has to be
in that particular package.
That package will come to this office up here to me, Sheila Young. And I in
return will review it, review the medical, review the applicant statement, also
the supervisor’s statement.
Once I review them I look to see if there are conflicts between what the
employee is saying and what the manager is saying.
And the conflicts may be - the person may say that I’m having difficulties
performing this job in their write up and that they’re not able to perform a lot
of it because of their medical condition because they don’t have to have a
disability, just a medical condition when you apply for disability retirement.
But the manager may say that the person has not been here, has not called in
and we go through, you know, the person hasn’t reported to work in over five
months. And so the employee stated that I’m on a work at home from my
house on their particular form.
So there’s a conflict on what the employee is saying and what the manager is
saying.
So I’ll go back to the manager, consult with the manager to say that the
employee is saying that they’re working at home and you’re saying that the
person has not been working at home and they haven’t called in, in five
months. And so we need to revisit the form.
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And I’ll talk to the employee as well. And at that particular time we’ll clear
everything up. And it may be the person didn’t call in because of their medical
condition they may have thought that they did.
That they were calling in, reporting during that period of time and for some
reason their disability is at the point where it has deteriorated so that they
cannot remember what they have done from day to day. The memory has
lapsed. And so we will work that out.
And the employee can place that in their statement how their disability is
actually affecting them. And then that package is sealed. The medical
documentation is sealed.
And I also put on the outside of that package the employee’s name, the
medical documentation and that is to be opened only by the eyes of OPM,
Office of Personnel Management.
And I’ll send that form along with the other pieces of the disability package,
the 3112 package, to HR, the specialist that is working with that particular
employee. And so the employee should contact one of the specialists that is
assigned to your particular area at the service center in Albuquerque.
And that name should be provided to me as well because I’ll send the package
to that particular person once I complete my portion in two days.
(Eddie Espinosa): I would also like to go back just real quickly to the first part of your question
about mission area designees. And Sheila’s already told you the three that are
here in the Washington Office. We recently trained other mission area
designees in Region 8, Region 6 and also in your region.
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But right now if you have any kind of medical issues that are coming up with
respect to accommodation we want you to send those to the Washington
Office. And just so people don’t try and guess who that is in Region 4, (Sherry
Neal) is a mission area designee.
But if you send information to her she’s just going to forward it onto us and
that will just slow down the process. So it’s best just to send it right to the
Washington Office.
Coordinator:
And the next question comes from (Cindy Fitzgerald). Your line is open.
Sheila Young:
Hello?
Coordinator:
Hello (Cindy Fitzgerald), your line is open. Please check your mute button if
you are speaking. And we’ll go to the next question. (Colleen Gamble), your
line is open.
Man:
So you - (Eddie) you mentioned not going to (Sherry) directly but going to the
WO. There are a few thousand people in the WO. Who in the WO should we
contact as far as mission area designee?
(Eddie Espinosa): Yeah. It would be - the primary point of contact as a mission area designee is
Sheila Young. So she would be the - that’s probably the best place to send it.
The next one would be (La’Shell Coleman) and I would - I am also mission
area designee but I would just turn it over to one of them to handle.
And just for clarification, although we’ve told you my name is (Eddie), if
you’re looking for me as far as emails and that kind of thing I’m listed under
(Richard Espinosa).
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Coordinator:
The next question comes from (Cindy Fitzgerald). Your line is open.
(Cindy Fitzgerald):
Okay. Yes, I had a couple of questions. First of all, do diseases like
alcoholism fall under these disabilities?
Sheila Young:
Only if the person is in treatment. If they are not in treatment they do not fall
under reasonable accommodation.
(Cindy Fitzgerald):
Okay. And the other question was earlier in the presentation you said
something about a permanent condition versus temporary condition. And that
this reasonable accommodations is just for permanent conditions. And then
you mentioned a situation where like a rec tech had a back injury.
And I’m wondering where you, you know, define - when do you know if it’s
permanent or if it’s temporary and falls under the reasonable accommodation?
Sheila Young:
That will come from the medical documentation. The doctor will describe the
person’s medical condition and the extent of that person’s condition. And
once the doctor describes it and states that the condition is permanent because
that’s what we ask, is it permanent or temporary?
And if the doctor describes it as permanent then we have to go through the
process of looking to see if they can perform the essential functions of the job.
And going - and the doctor will also state what the restrictions are of the
patient.
That’s the doctor’s patient and so they would describe the restrictions. And
they may say that the person will never be able to perform those particular
duties.
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(Cindy Fitzgerald):
Okay, but - and so until that determination these accommodations are not
the same?
Sheila Young:
No, they’re not.
(Cindy Fitzgerald):
Sheila Young:
Okay.
A temporary - let me give you an example of a temporary. A person who may
have broken a leg and they need to be accommodated until it heals.
And they - the same person is a forester technician, recreation but they cannot
go out on the slippery slopes, the ground, on uneven ground, rocky ground,
you know, they can’t do that because of the broken leg.
Until it heals we will ask the manager to provide them with a provisional
accommodation until - and see when it heals we still don’t know whether the
person will be able to resume those particular duties until something is sent
back from that person’s doctor.
(Cindy Fitzgerald):
Coordinator:
Okay, thank you.
I am showing no further questions in the queue.
(Eddie Espinosa): Okay. If there are no other questions then I’m going to go ahead and wrap this
up. And I really do appreciate everybody’s participation in today’s conference
call as well as the fact that, you know, I want to go ahead and apologize again
for our delayed start time.
I appreciate your all’s patience. I don’t think we dropped anybody in that time
and the numbers as far as call-ins continued to climb even though we were
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delayed longer than we wanted - would have wanted to be because of the
technical difficulties we experienced.
But again thank you all very much. We also want to thank (Sherry Neal) in
Region 4 for all the hard work that she did pulling this together out there. And
I want to thank my staff of (La’Shell Coleman) for setting up all the logistics
and for Sheila for providing the training.
Again, thank you very much and - oh, and one last thing. This training we
talked about earlier will be provided on the civil rights Web site. And - but it
will take - it will take probably five to seven days to actually have it posted.
And at that time we will send out an email to - it’ll probably go to (Sherry)
and (Sherry) can distribute it to Region 4 employees so that folks can either
listen to part of it again. Or if you know people who are not participating
they’ll have an opportunity to participate in this training.
So again thank you all very much and have a great day.
Coordinator:
This concludes today’s conference call. You may disconnect at this time.
(Eddie Espinosa): (Sean), thank you.
END