The Notice of Proposed Rulemaking (NPRM) to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, require the development and implementation of written procedures for processing requests for reasonable accommodation. While it is true that procedures may vary due to the size, structure, and resources of a company, there are specific elements put forth in the proposed regulations that must be included in all procedures:
- Contact information for responsible official - This official may be the same official responsible for the implementation of the contractor's affirmative action program, and must have the authority, resources, support, and access to top management necessary to effectively implement the reasonable accommodation procedures.
- Reasonable accommodation requests -
- How - Clarification that reasonable accommodation requests may be made verbally or in writing, with no required verbiage, by an applicant, employee or third party;
- When - Stipulation that a request may be made at any time and does not have to be repeatedly submitted for a recurring need (i.e. Sign Language Interpreter);
- Who - Identification of whom a request should be submitted to: At a minimum, this should include someone in the employees chain of command AND the named official responsible for implementation, and;
- Applicant notification - Process by which applicants will be notified of the company's reasonable accommodation obligation and the right of all applicants to request a reasonable accommodation to participate in the application process. Additionally, provisions for processing applicant requests within the application process timeframe.
- Written Confirmation - Although a reasonable accommodation request can be made in different ways, it is required that all requests be confirmed in writing and include:
- Date accommodation request was received (for oral requests this is the day the oral request was made); and
- Signature by the authorized decision maker.
- Processing Timeframes - A company may set its own timeframe for processing requests - however the proposed rule specifies a requirement of 5-10 business days without the need for supporting medical documentation and no more than 30 days where supporting medical documentation or special equipment is required. Procedures should explain any extenuating circumstances that may result in going beyond the stipulated time frames and the written notification used to advise the requestor of the delay.
- Process Description - A description of the steps involved, specific information required, and the interactive process that may be initiated with the requestor.
- Medical Documentation - Parameters must be defined for any required medical documentation and include the following:
- Not open-ended;
- Limited to the disability and functional limitations; and
- Required only if disability and reasonable accommodation is not known or obvious.
- Denial - Stipulation that denials must be in writing and include:
- Reason with date and signature by the authorized decision maker;
- Any relative information about an internal appeal process;
- A statement advising requestor of their right to file a discrimination complaint.
- Confidentiality - Indication that all requests for reasonable accommodation and related documentation will be treated as a confidential medical record and will be maintained in a separate medical file.
For more information on this proposed rule:
Comment period closes 2/7/2012 2/21/2012
THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.
For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc. visit our website www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from an Affirmative Action Consultant.
