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Accommodations for Employees with Disabilities Manual | Go Back | Home
Linda Lingle, Governor
Chiyome L. Fukino, Director of Health
Lucy Miller, Ph.D., Chairpersion
Francine Wai, Executive Director
June 2004 (Revised Edition)
STATE OF HAWAII
ACCOMMODATIONS FOR EMPLOYEES WITH DISABILITIES MANUAL
TABLE OF CONTENTS
1.0 Introduction
In 1991, A Task Force on Reasonable Accommodation developed a State policy for the provision of reasonable accommodations for applicants and employees with disabilities in State government positions. This policy was articulated in a Governor's Executive Memorandum 92-02.The Task Force developed this Manual as a reference guide for Departmental program managers responsible for staff hiring. Included are background information on the rationale for providing accommodations, specific procedures for obtaining some accommodations, as well as technical assistance resources to assist in providing accommodations for an applicant or employee with a disability.
The original August 1992 edition of the Manual was prepared by the Task Force on Reasonable Accommodation consisting of representatives of the Department of Accounting and General Services (lead agency), Department of Budget and Finance, Department of Human Resources Development, Department of Health, Department of Human Services, Department of Labor and Industrial Relations, Disability and Communication Access Board, Civil Rights Commission, and Office of Affirmative Action.
The Disability and Communication Access Board revised the original Manual in December 1996, and again in June 2004 with input from the agencies initially involved in the development of the manual. The June 2004 edition of the Manual updates and clarifies resources listed. The general content and procedures remain unchanged.
Note: References in Governor's Directive 92-02 to Commission on Persons with Disabilities are now Disability and Communication Access Board.
January 5, 1998
ADMINISTRATIVE DIRECTIVE 98-01
TO: All Department and Agency Heads
SUJECT: Reasonable Accommodations for Persons with Disabilities
This directive supersedes Executive Memorandum 92-02.
The State of Hawaii is committed to provide equal opportunity in State employment to qualified individuals with disabilities. Our commitment to equal opportunity includes a legal duty to provide reasonable accommodation to facilitate the employment of qualified individuals with disabilities.
Reasonable accommodation represents a logical adjustment made to the application process, in the work environment to enable the person to perform the essential functions of the job, or in benefits of employment.
Reasonable accommodation includes, but is not limited to, making existing facilities readily accessible to and useable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to vacant positions, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations.
As a major employer, State departments and agencies shall follow procedures established through the most current version of the "Reasonable Accommodation for Employees Manual" to provide equal employment opportunity to employees and job applicants with disabilities through providing reasonable accommodations.
The State Commission on Persons with Disabilities shall be responsible for the preparation of the manual. The Commission and the Department of Human Resources Development shall provide technical advice on providing reasonable accommodations to qualified persons and employees with disabilities, as outlined in the Manual.
Administrative Direcitve 98-01
January 5, 1998
Page 2
Each Department or agency head, as an appointing authority, shall provide equal employment opportunities, make reasonable accommodations, use departmental resources, use alternative ways of meeting personnel needs, and develop or modify programs to meet these goals. When the person with a disability acting as an applicant or employee engages in a program, service, or activity of the State of Hawaii, the department or agency sponsoring the activity shall have primary responsibility for providing and paying for the accommodation.
2.0 Employment of People with Disabilities by the State of Hawaii
2.1 Introduction and purpose of the Manual
This Manual establishes a uniform approach to providing reasonable accommodation consistent with federal and state laws. The purpose of this Manual is to provide guidance on how to reasonably accommodate State employees and applicants for State positions.
State departments have responsibilities in providing reasonable accommodations and ensuring equal opportunity in hiring, training, advancement, and treatment of persons with disabilities. The State shall strive to have persons with disabilities represented in every major organizational element, occupational category and grade level. The State of Hawaii shall promote goals and objectives to assure that considerations of issues concerning persons with disabilities are integrated into all aspects of personnel management.
2.2 The population of people with disabilities
The Census Report, Americans with Disabilities: 2001/2002 cites 54,000,000 Americans as having a disability. In Hawaii approximately 20% of the population or an estimated 248,980 people have disabilities. According to the Census Bureau, 60% of people with disabilities are of working age (15 to 64 years old), or 149,388 persons with disabilities in Hawaii. This Manual is directed at the potential employment of any of those estimated 149,388 persons with disabilities in the State of Hawaii.
A 1994 Harris Poll provided additional data related to persons with disabilities in the workforce. This was the first major national survey related to the attitudes and experiences of people with disabilities from people with disabilities themselves about their self-perceptions, how their lives have changed over time, about their employment, as well as their educational and social life. The survey was based on 1,021 phone interviews with a national sample of non-institutionalized persons with disabilities aged 15 and older. Key findings related to employment of persons with disabilities included:
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Two-thirds of all Americans with disabilities between the ages of 15 and 64 are not working (similar to the 1986 Harris Poll);
- Seventy nine percent of working-age persons with disabilities who are not working say that they would like to work (an increase from 66% in the 1986 Harris Poll);
- Nearly half of those who work feel that their work does not enable them to use their "full talents or abilities";
- Eight in ten working age adults with disabilities who are unemployed, but looking for work believe that they would have the kind of job they would like to have, if they didn't have a disability or a health problem;
- The most important reasons why working age adults with disabilities are not working included health problems limiting what they could do, medical treatment for disability, not being recognized as being capable of doing a full-time job;
Chapter 2, page 1
- Fifty seven percent of adults with disabilities between the ages of 15 and 64 who are not currently working reported they would lose benefits (i.e., income, health care) currently received from private insurance or the government, if they worked full-time;
- Almost 87% of employed adults with disabilities work outside their homes, while 12% work at home; and
- If an appropriate position were available, 70% of adults with disabilities who indicated that they would be willing and able to work were most interested in a technical job, working with their minds.
From these responses, it is clear that working age adults with disabilities continue to be a group representing a viable and nearly untapped labor pool for employment by the State of Hawaii.
2.3 What are the legal requirements?
The State of Hawaii, as an employer, is covered in its entirety by the employment provisions of the federal Americans with Disabilities Act. In addition, Sections 503 and 504 of the Rehabilitation Act of 1973, as amended cover those programs, which receive federal financial assistance. It should be noted that the provisions for both laws are virtually identical, although failure to comply with the latter may result in additional penalties and the withdrawal of federal financial assistance. Both laws prohibit discrimination against qualified individuals with disabilities. Further, they require that employers provide reasonable accommodation.
Both federal laws require that employers make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business. Furthermore, it is unlawful for the State to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of the State entity to make reasonable accommodation to such individual's physical or mental impairments.
State law (Hawaii Revised Statutes Chapter 378, Part 1) also states that persons with disabilities are entitled to equal employment opportunities. The State of Hawaii is an employer subject to the requirements of Chapter 378. The State law definition of disability is the same as the definition of disability under the Americans with Disabilities Act. The obligation to provide reasonable accommodation also exists under state law. Thus, both Chapter 378 and the ADA may be violated if reasonable accommodation is not provided to a qualified person with a disability.
The obligation to provide reasonable accommodation applies to all employment decisions and to the job application process. The obligation to make reasonable accommodation applies to all activities and programs provided in connection with employment and to all non-work program facilities provided or maintained by an employer for use by its employees. Accordingly, the obligation to accommodate is applicable to employer sponsored programs such as, placement or counseling services, and to employer provided facilities such as, cafeterias, lounges, gymnasia, auditoria, and transportation sites.
Chapter 2, page 2
The obligation to provide reasonable accommodation does not extend to the provision of items that are primarily for the personal benefit of the individual with a disability (e.g., prosthetic limb, prescription glasses) or for an activity that is not job-related.
2.4 Who do the federal and state laws protect?
- "Person with a disability" means an individual who has a physical or mental impairment which substantially limits one or more of the person's major life activities, has a record of such an impairment, or is regarded as having such an impairment.
- "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
- "Substantially limits" is determined by considering the extent, duration and impact of the impairment on a major life activity. The impairment must substantially limit a major life activity to be considered a disability. Temporary, non-chronic impairments which do not last a long time and have little or no long-term impact on a person's major life activities, are usually not considered a disability.
- "Qualified person with a disability" for the purposes of employment, is an individual who, with or without a reasonable accommodation, can perform the essential functions of a particular job.
Chapter 2, page 3
3.0 Reasonable Accommodation for People with Disabilities
It is the policy of the State of Hawaii to provide reasonable accommodation to the known disability of persons with disabilities who are otherwise qualified for the State government positions for which they are applying or in which they are currently employed. This policy is based on federal legislation, including the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, and state legislation, Hawaii Revised Statutes Chapter 378, Part 1. It is reaffirmed by the Governor's Executive Memorandum 98-01, contained in Section 1 of this Manual.
This policy applies to all employment practices and actions. It includes, but is not limited to, recruitment, examination and testing, hiring, training, disciplinary action, rate of pay or other compensation, advancement, reclassification, relocation, reallocation, promotion, demotion and benefits.
The provision of reasonable accommodation allows the State of Hawaii, as an employer, to:
- overcome potentially exclusionary employment practices, policies, and consequences;
- provide equal opportunities for participation in education and training programs;
- enhance the upward mobility of qualified employees with disabilities;
- obtain and retain the services of an otherwise underutilized labor pool.
3.1 What is a reasonable accommodation?
Reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done, to enable a qualified individual with a disability to attain the same level of performance or to enjoy equal benefits and privileges of employment as are available to a similarly situated employee without a disability.
Reasonable accommodation may occur in three phases of employment:
- In the application process . Reasonable modification must be provided in the job application process to provide a qualified applicant with a disability with an equal opportunity to be considered for the position;
- In the performance of the essential functions of a job. Reasonable accommodation must be provided to enable a qualified person with a disability to perform the essential functions of the job being sought or of a job currently held. This may include modifications or adjustments to the work environment, to the manner or circumstances which the position held or desired is customarily performed, or to employment policies;
Chapter 3, page 1
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In the receipt of all benefits of employment. Reasonable accommodations must be provided to enable an employee with a disability to enjoy benefits and privileges of employment equal to those enjoyed by other similarly situated employees without disabilities. This would include equal access to lunchrooms, meeting rooms, employer-sponsored services, social events, etc.
The reasonable accommodation requirement is best understood as a means by which barriers for an individual with a disability are removed or alleviated. These barriers may be physical or structural obstacles that inhibit or prevent the access of an individual with a disability to job sites, facilities or equipment. They may also be rigid work schedules that permit no flexibility as to when work is performed or when breaks may be taken, or inflexible job procedures that unduly limit the modes of communication that are used on the job, or the way in which particular tasks are accomplished.
Reasonable accommodation may include, but is not limited to:
- making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
- altering when or how an essential job function is performed;
- part-time or modified work schedules; reassignment to a vacant position;
- obtaining or modifying equipment or devices;
- modifying examinations, training materials, or policies;
- providing qualified readers or interpreters;
- permitting the use of accrued paid leave or unpaid leave for necessary treatment;
- providing reserved parking for a person with a mobility impairment; and
- other similar accommodations for individuals with disabilities.
These and other examples are discussed in Chapter 4. However, the examples in this Manual do not cover the entire range of potential accommodations, because every reasonable accommodation must be determined on an individual basis and no two people with disabilities are alike. Two people with the same disability may have very different abilities and limitations.
A reasonable accommodation always must take into consideration 1) the specific abilities and functional limitations of a particular applicant or employee with a disability and 2) the specific functional requirements of a particular job.
Chapter 3, page 2
3.2 Who may request an accommodation?
Employees or applicants with disabilities may request of the employer, reasonable accommodations regardless of title, salary grade, bargaining unit, employment status (permanent, temporary, provisional, emergency) or civil service status (regular, exempt).
For example, the need for an accommodation may be brought to your attention in the following situations:
- a job applicant may request an accommodation for a civil service examination or an interview;
- a new employee who self-identifies as having a disability may request an accommodation to perform the job he or she was hired to do;
- an employee returning to work after experiencing an illness or injury may request an accommodation to continue his or her current job;
- an employee with a disability whose medical condition has changed since initial hire may request an accommodation for the first time or a change in accommodation previously provided;
- any employee with a disability may request an accommodation at any time, particularly if the work environment changes.
3.3 Determining essential job functions
A key step in providing reasonable accommodation is determining essential job functions. The employer must evaluate whether a disabled person is qualified to perform the "essential" functions of a particular job, with or without accommodation. To do so, you must identify, in advance, the "essential" functions and the "non-essential" functions of the job. Reasonable accommodation must be provided to enable a qualified person to perform the essential functions of the job.
To establish essential job functions, the job must be clearly defined by analyzing it into component tasks and determining the physical demands these tasks place on the worker and the working conditions in which the job is performed. Once the functions of the job are established, the employer is permitted to determine the applicant's qualification for those functions using criteria (tests, inquiries, etc.) that neither screen out nor tend to screen out disabled people or classes of disabled people. Employers may use criteria that classify disabled people if they are job-related and meet a business necessity. Chapter 5, Section 5.2, Step 1, provides additional information on the job analysis process.
If, after administering the selection criteria, and the applicant meets the minimum qualification requirements, this individual is considered "otherwise qualified." When a person with a disability is otherwise qualified for the position for which they are applying or in which they are employed, State and federal laws require that employers provide reasonable accommodation to known disabilities.
Chapter 3, page 3
3.4 Determining what is reasonable
An employee with a disability may request any accommodation. However, it is the supervisor's job as the employer to provide only those accommodations that are reasonable.
Determining what is a "reasonable" accommodation is an individual matter. An accommodation is determined to be reasonable so long as it does not impose an "undue hardship" on the operation of the program or department. Some of the factors that must be considered in determining if an accommodation would impose an undue hardship are the:
- nature and net cost of the accommodation needed. With respect to cost, the criteria rest on the ability of the department and the State to pay for the item or service requested;
- overall financial resources, the number of persons employed at your facility or location, and the effect on expenses and resources;
- availability of resources at other levels of government;
- type of operation, including the composition, structure and functions of your workforce;
- impact of providing the accommodation on the operation of the program or facility, including the ability of other employees to perform the duties, the effect on the position and other employees, and the impact on the program or facility's ability to conduct business.
The supervisor must determine whether an accommodation constitutes an "undue hardship" on a case-by-case basis. This means that no one factor, such as cost, size or location of a particular facility, or any single combination of factors, can always be the standard by which "undue hardship" is measured.
The employer is not required to provide an accommodation for a qualified person with a disability when such provision would impose an "undue hardship" on the operation of the program or department. However, you may not simply assert that a needed accommodation will cause you undue hardship. The supervisor will have to present evidence and demonstrate that the accommodation will, in fact, cause you undue hardship.
The employer cannot claim "undue hardship" simply because the cost of an accommodation is high in relation to the value of the position in question (such as the salary for that position). An accommodation is not an "undue hardship" merely because it would cost the employer more than a fixed amount or certain percentage of the employee's salary.
If the employee with a disability or an entity other than the employer (such as the state vocational rehabilitation agency) will pay the part that would otherwise make the cost an undue hardship, the employer must permit such payment.
EXAMPLE: If the cost of an assistive device is $2000, and an employer believes that it can demonstrate that spending more than $1500 would be an undue hardship, the individual with a disability should be offered the option
Chapter 3, page 4
of paying the additional $500. Or, if it would be an undue hardship for an employer to purchase brailling equipment for a blind applicant, the applicant should be offered the option of providing his own equipment (if there is no other effective accommodation that would not impose an undue hardship).
Even though a certain accommodation is not expensive, it could be an "undue hardship" if it would fundamentally alter the workplace.
EXAMPLE: An applicant seeks a position as a Clerk Typist in a small one-person program coordinating social workers who are in and out all day. The applicant is Deaf. The essential functions of the job are answering incoming phone calls, relaying messages to the social workers on the road regarding their appointments, and typing routine documents. The applicant requests an interpreter to answer the phone. The request would be considered unreasonable since it would require a fundamental alteration of the nature of the work. In this instance the assistant (interpreter) would be performing the job for the Deaf individual rather than assisting the individual to perform the job.
EXAMPLE: An employee with a disability requests that the thermostat in the workplace be raised to a certain level to accommodate her disability. If this level would make it uncomfortably hot for other employees or customers this request would probably be unreasonable. However, if there was an alternative accommodation such as providing a space heater or placing the employee in a room with a separate thermostat this accommodation would not be an "undue hardship."
Any accommodation that would pose a significant health or safety risk to the employee or to anyone else is an unreasonable accommodation.
EXAMPLE: Assigning an employee to a job that has as an essential function operating a machine for which the individual is not qualified would be dangerous and unreasonable. The employer is not required to eliminate an essential job function just because an employee is unable to operate that equipment safely.
The employer is not required to make an accommodation simply because technology is available.
EXAMPLE: Purchasing a mechanical desk to assist an employee who has problems opening desk drawers would be unreasonable if other devices such as levers or even string were equally effective.
The employer is not required to make an entire existing facility barrier-free if a work location can be changed to accommodate an employee with a disability in all areas where access is required.
In determining whether an accommodation would cause an "undue hardship", the employer may consider the impact of the accommodation on the ability of other employees to do their jobs. However, the employer may not claim "undue hardship" solely because providing an accommodation has a negative impact on the morale of other employees.
Chapter 3, page 5
EXAMPLE: The employer also can not claim undue hardship because of "disruption" due to employees' fears about, or prejudices toward, a person's disability.
EXAMPLE: If an employee objects to working with an individual who has a disability because the employee feels uncomfortable or dislikes being near this person, this would not constitute an undue hardship.
If restructuring a job to accommodate an individual with a disability creates a heavier workload for other employees, this may constitute an "undue hardship." But if other employees complain because an individual with a disability is allowed to take additional unpaid leave or to have a special flexible work schedule as a reasonable accommodation, such complaints or other negative reactions would not constitute an "undue hardship."
Problems of employee morale and employee negative attitudes should be addressed through appropriate consultations with supervisors and, where relevant, with union representatives. The employer also may wish to provide employees with "awareness" training, to help overcome fears and misconceptions about disabilities, and to inform them of the State's obligations under the ADA. Information about training options can be obtained by contacting the Department of Human Resources Development Training Office. The terms of a collective bargaining agreement may be relevant in determining whether an accommodation would impose an undue hardship.
EXAMPLE: A worker who has a deteriorated disc condition and cannot perform the heavy labor functions of a machinist job, requests reassignment to a vacant clerk's job as a reasonable accommodation. If such a movement would be a promotion, and since bargaining unit provisions give priority to employees within the bargaining unit, placing the employee in the clerk position might constitute an undue hardship.
However, since both the State of Hawaii and the union are covered by the ADA's requirements, including the duty to provide a reasonable accommodation, the employer should consult with the union and try to work out an acceptable accommodation.
Chapter 3, page 6
4.0 Types of Reasonable Accommodation
There are as many types of reasonable accommodation as there are persons with disabilities. Every accommodation requires an individual assessment. This chapter describes some examples of accommodations.
Job restructuring or job modification is a form of reasonable accommodation that enables many qualified individuals with disabilities to perform jobs effectively. Job restructuring as a reasonable accommodation may involve reallocating or redistributing the marginal functions of a job.
The employer is not required to reallocate essential functions of a job as a reasonable accommodation. Essential functions, by definition, are those that a qualified individual must perform, with or without accommodation.
EXAMPLE: Inspection of identification cards is generally an essential function of the job of a security job. If a person with a visual impairment could not verify the identification of an individual using the photo and other information on the card, it would not be reasonable to transfer this function to another employee.
Job restructuring frequently is accomplished by exchanging marginal functions of a job that cannot be performed by a person with a disability for marginal job functions performed by one or more other employees.
EXAMPLE: An office has two data processing clerks. Typing on the computer is an essential function. Using the phone is a marginal function. If a qualified data processing clerk had a speech impairment, it would be reasonable to assign the function of using the phone to the employee without a speech impairment in exchange for doing that employee's filing.
Although the employer is not required to reallocate essential job functions, it may be a reasonable accommodation to change when or how the essential functions are done. These include:
- Reassign work at the existing site among co-workers.
EXAMPLE: If a secretary had a vision impairment that prevented the secretary from typing in small spaces on forms, whenever such forms needed to be prepared, they might be assigned to another secretary without a vision impairment. In exchange, the secretary with a disability could assume one of the colleague's duties, such as filing.
- Eliminate non-essential tasks.
EXAMPLE: If a part of the job is not necessary, it could be eliminated entirely. A mail clerk, rather than traveling to the post office in the early morning, might be allowed to wait for regular mail delivery.
Chapter 4, page 1
- Reassign visits to accessible sites.
EXAMPLE: A repairperson who uses a wheelchair could service the accessible sites, while the other sites could be assigned to someone who is not mobility-impaired.
- Allow work in other than the traditional office setting.
EXAMPLE: A surveyor can make calls on a designated line from home instead of having to come regularly to an inaccessible office to make those calls.
4.2 Modified work schedules and flexible leave policies
Modification of a regular work schedule or a flexible leave policy may be a reasonable accommodation unless it would cause an undue hardship. Modified work schedules may include flexibility in work hours or the work week, or part-time work, this will not be an undue hardship.
People whose disabilities may need modified work schedules include individuals:
- who require special medical treatment for their disability (such as cancer patients, people who have AIDS, or people with mental illness),
- who need rest periods (including some people who have multiple sclerosis, cancer, diabetes, respiratory conditions, or mental illness),
- whose disabilities (such as diabetes) are affected by eating or sleeping schedules,
- with mobility and other impairments who find it difficult to use public transportation during peak hours, or who must depend upon special paratransit schedules.
Flexible leave policies should be considered as a reasonable accommodation when people with disabilities require time off from work because of their disability. The employer is not required to provide additional paid leave as an accommodation, but should consider allowing use of accrued leave or leave without pay, where this will not cause an undue hardship.
People with disabilities may require a modified work schedule or flexible leave for a number of reasons related to their disability, such as:
- medical treatment related to the disability;
- repair of a prosthesis or equipment;
- temporary adverse conditions in the work environment (for example, an air-conditioning breakdown causing temperature above 85 degrees could seriously harm the condition of a person with multiple sclerosis);
- training in the use of an assistive device or a guide dog. (However, if an assistive device is used at work and provided as a reasonable accommodation, and if other employees receive training during work hours, then the disabled employee should receive training on this device during work hours, without the need to take leave.)
Chapter 4, page 2
Many people with disabilities are fully qualified to perform jobs with the accommodation of a modified work schedule. Some people are unable to work a standard 7:45 a.m. - 4:30 p.m. workday, or a standard Monday to Friday work week. Depending on the nature of the work assignment and operational requirements, modifications to work schedules and hours may be a reasonable accommodation as long as it does not result in an undue hardship. The employer should consult the personnel officer for any possible labor relation impact when considering such modifications.
EXAMPLE: An employee who needs kidney dialysis treatment is unable to work on two days because treatment is only available during work hours on weekdays. Depending on the nature of the work and the nature of the work operation, it may be possible, without causing an undue hardship, for the employee to perform work assignments at home on the weekend or to work three days a week as a part-time employee.
4.3 Modification or purchase of equipment and devices
Purchase of equipment or modifications to existing equipment may be effective accommodations for people with many types of disabilities.
There are many devices that make it possible for people to overcome existing barriers to performing functions of a job. These devices range from very simple solutions, such as an elastic band that can enable a person with cerebral palsy to hold a pencil and write, to "high-tech" electronic equipment that can be operated with eye or head movements by people who cannot use their hands.
Types of equipment and devices that may be appropriate include:
- teletypewriters (TTYs), telecommunications devices for the deaf (TDDs) or text telephones (TTs) to enable people with hearing and/or speech impairments to communicate over the telephone;
- telephone amplifiers for people with hearing impairments;
- special software for standard computers and other equipment to enlarge print or convert print documents to spoken words for people with vision and/or reading disabilities;
- tactile markings on equipment in Brailled or raised print for people with visual impairments;
- telephone headsets and adaptive light switches for people with cerebral palsy or other manual disabilities;
- talking calculators for people with visual or reading disabilities;
- speaker phones for people who are amputees or have other mobility impairments;
- a comfortable, supportive desk chair for a secretary with a bad back;
- a desk that has been raised by blocks for an employee who uses a wheelchair;
- a Kurzweil reading machine, a computerized device which converts all types of printed material into synthetic spoken English speech at approximately 150 words per minute for a visually impaired person. Users can read a variety of printed materials once they learn to understand the synthetic voice;
- modified equipment controls for hand or foot operation for a person with limited hand or foot control;
- keyboard hand rest and a finger guide mounted on typewriters or keypunch keyboards to keep persons with poor or spastic motor control from striking keys in error;
- arm rest attachments on typewriters for persons with good finger motion but weak or paralyzed arm muscles;
- typewriter brackets that hold a continuous roll of paper, plus a tear-off blade for the typist who has difficulty inserting separate sheets of paper;
- clipboards for employees with one arm;
- marking pens that permit visually impaired persons to write oversized letters;
- magnifying glasses for those with limited vision;
- buzzers to replace warning lights for blind employees;
- speaker phones for those who have difficulty holding the phone;
- an electronic video visual aid, which has a tiny electric eye camera that scans a page of print and sends a signal which eventually forms identical raised letters and numbers which can be felt by a blind user;
- a Braille typewriter or Braille writer for a blind employee.
Chapter 4, page 3
There are also many ways to modify standard equipment so as to enable people with different functional limitations to perform jobs effectively and safely.
The employer is only obligated to provide equipment that is needed to perform a job; there is no obligation to provide equipment that the individual uses regularly in daily life, such as glasses, a hearing aid or a wheelchair. However, as previously stated, the employer may be obligated to provide items of this nature if special adaptations are required to perform a job.
EXAMPLE: An employee with a mobility impairment owns and uses a manual wheelchair. However, if the employee's job requires movement between buildings that are widely separated and the employee's mobility impairment prevents operation of a wheelchair manually for that distance, or if heavy, deep-pile carpeting prevents operation of a manual wheelchair, then it may be a reasonable accommodation to provide an employee with a motorized wheelchair.
4.4 Reassignment to a vacant position
In general, reassignment should be considered only when an accommodation is not possible in an employee's present job, or when an accommodation in the employee's present job would cause an undue hardship. Reassignment also may be a reasonable accommodation if both employer and employee agree that this is more appropriate than accommodation in the present job.
Chapter 4, page 4
Reassignment is only required for current employees, not prospective employees. An employer is not required to consider a different position for a job applicant who is not able to perform the essential functions of the position, with or without reasonable accommodation.
Reassignment may be an appropriate accommodation when an employee becomes disabled, when a disability becomes more severe, or when changes or technological developments in equipment affect the job performance of an employee with a disability. If there is no accommodation that will enable the person to perform the present job, or if it would be an undue hardship for the employer to provide such accommodation, reassignment may be considered.
Reassignment may not be used to limit, segregate, or otherwise discriminate against an employee with a disability. The employer may not reassign people with disabilities only to certain undesirable positions, or only to certain offices, or facilities.
Reassignment should be made to a position equivalent to the one presently held in terms of pay and other job status, if the individual is qualified for the new position and if such a position is vacant or will be vacant within a reasonable amount of time. A "reasonable amount of time" should be determined on a case-by-case basis, considering relevant factors such as the types of jobs for which the employee with a disability would be qualified; the frequency with which such jobs become available; the employer's general policies regarding reassignments of employees; and any specific policies regarding sick or injured employees.
The employer may reassign an individual to a lower graded position if there are no accommodations that would enable the employee to remain in the current position and there are no positions vacant or soon to be vacant for which the employee is qualified (with or without an accommodation). In such a situation, the employee does not have to maintain the individual's salary at the level of the higher graded position, unless the employer does so for other employees who are reassigned to lower graded positions. The State Personnel Rules specifically address compensation adjustments when an employee is reassigned to another position due to disability.
The employer is not required to create a new job or to bump another employee from a job in order to provide reassignment as a reasonable accommodation. Nor is the employer required to promote an individual with a disability to make such an accommodation.
EXAMPLE: If there is no vacant position available at the time that an individual with a disability requires a reassignment, but the employer knows that an equivalent position for which this person is qualified will become vacant within one or two weeks, the employer should reassign the individual to the position when it becomes available.
4.5 Modifications of exams, training materials, or policies
Modifications or adjustments in the ways that tests and training are administered or revisions to other employment policies and practices also may be required as reasonable accommodations in order to provide equal employment opportunities for qualified individuals with disabilities.
Chapter 4, page 5
4.5.1 Tests and examinations. Accommodations may be needed to assure that tests or examinations measure the actual ability of an individual to perform job functions, rather than reflecting limitations caused by the disability. Tests should be given to people who have sensory, speaking, or manual impairments in a format that does not require the use of the impaired skills, unless that is the job-related skill the test is designed to measure.
EXAMPLE: An applicant for a job has dyslexia, a learning disability, which causes difficulty in reading. The applicant should be given an oral rather than a written test, unless reading is an essential function of the job. Or, the individual might be allowed more time to take a test, unless the test is designed to measure speed required on a job.
The employer is only required to provide a reasonable accommodation for a test if the individual with a disability requests such an accommodation. However, the employer has an obligation to inform job applicants in advance that a test will be given, so that an individual who needs an accommodation can make such a request.
4.5.2 Training. Reasonable accommodation should be provided, when needed, to give employees with disabilities equal opportunity to benefit from training to perform their jobs effectively and to advance in employment. Needed accommodations may include providing:
- accessible training sites;
- training materials in alternate formats to accommodate a disability;
- Sign Language interpreters.
EXAMPLE: An individual with a visual disability may need training materials on tape, in large print, or on a computer diskette.
EXAMPLE: An individual in a wheelchair may need an accessible site, including a restroom for an eight-hour workday.
4.5.3 Modifications to policies. Modifications to policies and procedures other than those previously mentioned may include:
- modification of a workplace policy prohibiting animals in the workplace, so that a person with a disability may be accompanied by a guide, signal, or service dog.
- modification of an emergency evacuation procedure to provide effective egress for employees with difficulty in mobility in case of emergency.
- provision of accessible parking for an employee with a qualified parking permit designated for persons with disabilities.
4.6 Modification of physical site (building and facility)
Employment activities must take place in an integrated setting. Employees with disabilities may not be segregated into particular facilities or parts of facilities. This means that architectural barriers might have to be removed or altered to provide structural accessibility to the workplace. However, the employer is not required to make structural modifications that are unreasonable and would impose an undue hardship.
Chapter 4, page 6
In existing structures, structural modifications are necessary to the extent that they will allow an employee with a disability to perform the essential functions of the job including access to work stations, and normal support facilities such as bathrooms, water fountains, and lunchrooms.
ATTACHMENT 4-A provides a list of some of the structural problems that persons with disabilities might face with the built environment.
Non-structural changes are allowed instead of structural changes if they achieve the same result:
EXAMPLE: A training is provided in a location without an accessible restroom. Rather than modify the restroom, the training can be moved to an accessible location.
EXAMPLE: A water fountain is too high for a person in a wheelchair. Rather than lower the drinking fountain, cup dispensers are installed.
4.7 Provision of readers, communication access providers, or personal assistants
4.7.1 Provision of qualified readers. It may be a reasonable accommodation to provide a reader for a qualified individual with a disability, if this would not impose an undue hardship.
In some job situations a reader may be the most effective and efficient accommodation, but in other situations equipment may enable an individual with a visual disability to perform job tasks just as effectively.
Providing a reader does not mean that it is necessary to hire a full-time employee for this service. Few jobs require an individual to spend all day reading. A reader may be a part-time employee or full-time employee who performs other duties. However, a reader for a visually impaired employee must read well enough to enable the individual to perform his or her job effectively. It would not be a reasonable accommodation to provide a reader with poor reading skills that hinder the job performance of the individual with a disability.
EXAMPLE: A social worker who is blind requests a reader for paperwork, interviews, and report generation. A reader could be provided for several hours a day in addition to the acquisition of a computer with spell-checker and voice output. If reading materials consists of court papers for child abuse cases, then a reader's vocabulary and reading level should be commensurate with the documents to be read.
4.7.2 Provision of qualified communication access providers. Communication access providers (i.e., a Sign Language interpreter, computer assisted notetaker or real time captioner) on an "as needed" basis may be a reasonable accommodation for a person who is Deaf, if this does not impose an undue hardship.
Chapter 4, page 7
A person who is Deaf or hard of hearing should be able to communicate effectively with others as required by the duties of the job. Identifying the needs of the individual in relation to specific job tasks will determine whether or when an interpreter may be needed. The financial and administrative resources available to the employer would be considered in determining whether it would be an undue hardship to provide such an accommodation.
EXAMPLE: A Deaf person applies for a job as a Clerk-Typist. It may be necessary to obtain a qualified interpreter for a job interview, because the applicant and interviewer must communicate fully and effectively to evaluate whether the applicant is qualified to do the job. Once hired, however, if the individual is doing clerical work, computer applications, or other job tasks that do not require much verbal communication, an interpreter may only be needed occasionally. Interpretation may be necessary for training situations, staff meetings or any employee party, so that this person can fully participate in these functions. Communication on the job may be handled through different means, depending on the situation, such as written notes, "signing" by other employees who have received basic Sign Language training, or by typing on a computer or typewriter.
4.7.3 Provision of personal assistants. Providing a personal assistant on an "as needed" basis may be a reasonable accommodation for a person with a mobility impairment, if this does not impose an undue hardship.
EXAMPLE: An assistant may be needed to retrieve items on shelves, file, or selectively assist a person with quadriplegia with other clerical duties. The assistant would not be required for toileting, dressing, or feeding, but rather only for work related tasks.
EXAMPLE: An assistant may be needed to guide a blind person who must travel as part of the job.
Chapter 7, Section 7.3, provides additional information on providing readers, interpreters, or personal assistants within the State system. Position descriptions are provided to outline the types of duties someone may provide if such positions existed or were to be created.
There are many other accommodations that may be effective for people with different disabilities in different jobs. Some other accommodations that may be appropriate include:
EXAMPLE: An employee makes sporadic site visits to a home for inspection. Mileage is paid as part of one's job. Instead, an employee who doesn't drive may be allowed to use paratransit or taxicabs instead of a personal car.
EXAMPLE: A person with mental retardation is hired for a maintenance position. An employer is offered the use of a job coach for individualized on-the-job training and services.
Chapter 4, page 8
ATTACHMENT 4-A
CHART OF POSSIBLE STRUCTURAL PROBLEMS
| Disability | Possible Access Problem Areas | Possible Responses |
| Blind and Visually Impaired (includes not only those persons who are blind, but also those with limited vision) |
|
|
| Deaf and Hearing Impaired (includes not only those persons who are deaf, but also those with limited or partial hearing) |
|
|
| Mentally Impaired |
|
|
| Difficulty with Upper Body Movement (includes those persons who have limited use of arms or shoulders; persons who are in wheelchairs or on crutches; people of short stature; those who cannot perform certain hand movements or have difficulty controlling movement) |
|
|
| Mobility Impairments (includes those persons having breathing difficulties or stamina limitations, as well as those in wheelchairs and on crutches) |
|
|
Chapter 4, Page 9
5.0 The Reasonable Accommodation Process
5.1. Employee identification of needs and request for reasonable accommodation
The employer is the hiring authority, who is obligated to make an accommodation only to the known limitations of an otherwise qualified individual with a disability. In general, it is the responsibility of the applicant or employee with a disability to inform the employer that an accommodation is needed to participate in the application process, to perform the essential job functions, or to receive equal benefits and privileges of employment. The employer is not required to provide an accommodation if unaware of the need or is not voluntarily informed about a person's disability.
Therefore, every assurance should be made to inform employees or applicants of the State of Hawaii policy to provide reasonable accommodation for individuals with disabilities and provide a mechanism for such individuals to identify their disability, the functional limitation resulting from their disability, and the nature of the accommodation being requested.
An applicant or employee does not have to specifically request a "reasonable accommodation," but must only let the employer know that some adjustment or change is needed to do a job because of the limitations caused by a disability. Form RA-1 ( ATTACHMENT 5-A) has been prepared as a standard form for departments to use in assisting the individual requesting an accommodation. While such form is not required in order to provide an accommodation, its use will facilitate the decision-making process internal to the program. In addition, the form will be acknowledged by the Department of Accounting and General Services and the Department of Budget and Finance, as appropriate, supporting documentation when a request for reasonable accommodation involves processing a purchase order or an adjustment in the budget.
If an applicant or employee has a "hidden disability," one that is not obvious, it is up to that individual to make the need for an accommodation known. If an applicant or employee has a known or visible disability that appears to limit, interfere with, or prevent the individual from performing job-related functions, the employer may ask the applicant to describe or demonstrate how the employee would perform the function with or without an accommodation. If an employee with a known disability is not performing well or is having difficulty in performing a job, the employer should assess whether this is due to a disability. The employer may inquire at any time whether the employee needs an accommodation.
If the individual's need for accommodation is not apparent, the employer may request documentation of those functional limitations for which the accommodation is being requested. Before consulting with the physician, it is necessary to obtain the individual's written consent for the release of medical information to your organization. Forms RA-2 and RA-3 ( ATTACHMENT 5-B ) have been prepared for departments to use for this purpose. You are not restricted to using this form; departments may adapt the form for their own use, if desired. It is also advised that you include a copy of the individual's position description and a brief description with essential job functions specified of the particular function that you are seeking to accommodate.
Chapter 5, page 1
In addition to documenting the individual's functional limitations, the physician should be able to provide the employer with information that will assist in identifying a potential accommodation. Some of the information that the employer may want to obtain from the physician includes:
- Diagnosis and prognosis
- Work restrictions and limitations
- Duration of disability
The physician is not expected to determine the most effective means of accommodation; this is the responsibility of the employer. However, consultation with the individual's physician may provide some viable information as to how a limitation can be accommodated.
The following general process should be followed:
- Step 1: Job Analysis. Analyze the actual job duties as specified in the position description to determine the true duties and percent of time spent performing actual duties. This is necessary to ascertain which job functions are the essential functions that the employee with a disability must perform with or without accommodation. The percentage of time assigned to various tasks is often, but not always, used to determine essential functions. This assessment may also identify marginal duties which can be reassigned to another individual without compromising the core of the individual's work, or if other accommodations may enable the employee with a disability to perform the essential functions. The departmental personnel office may be a valuable resource in determining essential job functions. Strategies for determining the essential job functions are included in ATTACHMENT 5-C .
- Step 2: Consultation with the Disabled Employee. Consult the employee with a disability to determine the precise job-related limitations imposed by the employee's disability, which, in turn, will make it possible to determine the accommodations that could alleviate or remove the precise barriers. The employee, having lived with a disability, may have good suggestions or practical solutions to offer for overcoming the barrier. This assessment will also ensure that the appointing authority only provide accommodations that are the result of an individual's disability. It is not the employer's responsibility to provide accommodations to an individual with a disability if those accommodations will not compensate for impairment affecting the employee's employment.
- Step 3: Identification of Potential Accommodations. In consultation with the individual to be accommodated, potential accommodations should be identified to assess the effectiveness each would have in enabling the individual to perform the essential functions of the position. If this consultation with the employee with a disability does not reveal a solution, several other sources of information are available within state government:
Your Department EEO/AAOfficer
State Disability and Communication Access Board
Vocational Rehabilitation and Services for the Blind Division
Department of Human Services
A description of each of the above offices with corresponding addresses and the type of technical assistance available is included as ATTACHMENT 5-D .
- Step 4: Selection of the Accommodation. Once potential accommodations have been identified, the employer should assess the effectiveness of each potential accommodation in assisting the individual in need of the accommodation in the performance of the essential functions of the position. If more than one of these accommodations will enable the individual to perform the essential functions or if the individual would prefer to provide the accommodation, the preference of the individual should be given primary consideration. It should be noted that the employer is encouraged, but not obligated, to select the preference of the employee. The hiring authority providing the accommodation has the ultimate discretion to choose between effective accommodations, and may choose a less expensive accommodation or the accommodation that is easier to provide or the accommodation which is less disruptive on the overall operations of the program. ATTACHMENT 5-E provides an illustration of this process. An individual with a disability is not required to accept an accommodation if the individual has not requested an accommodation and does not believe that one is needed. However, if the individual refuses an accommodation necessary to perform essential job functions, and as a result cannot perform those functions, the individual may not be considered qualified.
EXAMPLE: An individual with a visual impairment that restricts that person's field of vision but who is able to read would not be required to accept a reader as an accommodation. However, if this person could not read accurately unaided, and reading is an essential function of the job, that person would not be qualified for the job if that person refused an accommodation that would enable this individual to read accurately.
Chapter 5, page 3
5.3 Responsibility of the appointing authority (Department and Program)
The immediate supervisor is the key person in addressing and responding to requests from employees for reasonable accommodations. However, it is sound practice for higher level managers to be apprised of situations that may be difficult to address or may require their intervention. Managers need to determine and communicate to subordinate supervisors the role they are to play in this process. Although the State Disability and Communication Access Board and the Vocational Rehabilitation and Services for the Blind Division can be accessed to provide options for accommodations or creative solutions, the final decision to provide or not provide an accommodation, to hire or not to hire, or to take any specific employment action is the responsibility of the appointing authority and its Department.
REQUEST FOR ACCOMMODATION (Confidential)
DEPARTMENT OF________________________________
Date of Request ____________________
Please Check One: I am an ___ Applicant ___ Employe
Requester's Name: _____________________________________________________________
Class of Work or Position Title and Level: ___________________________________________
Division/Section/Unit: ___________________________________________________________
Worksite Address: ________________________ Worksite/Day Phone: _________________
APPLICATION
(Application to be completed by employee/applicant)
1. I am requesting the following accommodation(s): _________________________________ _________________________________________________________________________
2. It is necessary for me to have this accommodation for the following reasons: ____________ _________________________________________________________________________ _________________________________________________________________________
Requester's Signature _____________________________________ Date _________________
***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ******
DETERMINATION
Your request of ________________ for an accommodation has been:
___ Approved ACCOMMODATION(S) PROVIDED: ______________________________
___ Disapproved REASON(S) DENIED: ________________________________________________________
If you disagree with my determination, you may present additional information to me within ten (10) business days of the date that this determination is made to further substantiate your request. Please call me at ___________________ to discuss the above decision. (Telephone/ext.)
Appointing Authority's ________________________________Signature Date _____________________
RA-1
06/04
ATTACHMENT 5-A (BACK)
General Instructions
This form is meant to simplify the processing and recording of requests for accommodations. Requests for reasonable accommodation are confidential.
REQUEST FOR ACCOMMODATION form (optional)
General Information: To be completed by employee or applicant making request.
Department of: Enter the name of the department this request is made at.
Date of Request: Enter the date this application for request is made.
I am an: Check only one. Employee includes new appointee or applicant which has accepted an offer of employment.
Requester's Name: Self explanatory. Enter the name the requester is using for employment with the State. Class of Work or Position Title and Level: If an employee enter information on position held else if an applicant enter information on the position you are applying for.
Division/Section/Unit: Enter only if employee of the State.
Worksite Address: Enter only if employee of the State.
Worksite/Day Phone: If an employee enters worksite phone number else applicant enter phone number we can contact you during the day.
Application: To be completed by employee or applicant making request.
1. Requesting accommodation(s): Describe what requester believes is needed.
2. Reasons: Describe the disability and functional limitations that make this request necessary. Requester's Signature: Self explanatory.
Date: Enter the date application is signed.
Determination: To be completed by the Appointing Authority of the Department receiving the request.
Date of Request: Enter date of signature.
Approved/Disapproved: Check one only.
Accommodations provided: If approved, enter accommodation to be provided.
Reason(s) Denied: Enter reasons request denied. Be specific.
Telephone/ext.: Enter appointing authority's voice and TTY phone number, as appropriate.
Appointing Authority's Signature: Self explanatory. (Signature of supervisor or higher level designee as specified by department head.)
Date: Enter date of appointing authority's signature of action.
FOR INTERNAL USE ONLY
Submit for internal action only if request is unreasonable or presents a hardship on the employer.
FOR INTERNAL USE ONLY
Date Request Received: _______________________
Final Decision:_________________________________________________________________________
Action Taken: _____________________________________ Date of Final Decision:_________________ Comments: ___________________________________________________________________________ Examiner/Supervisor's Name: _________________________ Date Notice Sent: _____________________
RA-1
06/04
REQUEST FOR RECONSIDERATION OF AN ACCOMMODATION
(Confidential)
DEPARTMENT OF________________________________
Date of Request ____________________
Please Check One:
I am an ___ Applicant ___ Employe
Requester's Name: _____________________________________________________________
Class of Work or Position Title and Level: ___________________________________________
Division/Section/Unit: ___________________________________________________________
Worksite Address: ________________________ Worksite/Day Phone: _________________
APPLICATION FOR REDETERMINATION
1. To substantiate my request for an accommodation, I am submitting the following information for your reconsideration. Necessary documentation is attached. _________________________________ _____________________________________________________________________________
2. It is necessary for me to have this accommodation for the following reasons: ____________ _________________________________________________________________________ _________________________________________________________________________
Requester's Signature _____________________________________ Date _________________
REDETERMINATION
Your request of ________________ for an accommodation has been:
Date of Request
___ Approved ACCOMMODATION(S) PROVIDED: ______________________________
___ Disapproved REASON(S) DENIED:
If you disagree with my final determination, you may an administrative review of this decision by writing to the following office within ten (10) business days of my final decision.
Name: ______________________________________________________________________________
Title: ___________________________________________ Business Phone:_______________________
Appointing Authority's ________________________________Signature Date _____________________
RA-2
06/04
ATTACHMENT 5-B (BACK)
General Instructions
This form is meant to simplify the processing and recording of requests for accommodations. Requests for reasonable accommodation are confidential.
REQUEST FOR RECONSIDERATION OF AN ACCOMMODATION form (optional)
General Information: To be completed by employee or applicant making request.
Department of: Enter the name of the department this request is made at.
Date of Request: Enter the date this application for request is made.
I am an: Check only one. Employee includes new appointee or applicant which has accepted an offer of employment.
Requester's Name: Self explanatory. Enter the name the requester is using for employment with the State.
Class of Work or Position Title and Level: If an employee enter information on position held else if an applicant enter information on the position you are applying for.
Division/Section/Unit: Enter only if employee of the State.
Worksite Address: Enter only if employee of the State.
Worksite/Day Phone: If an employee enters worksite phone number else applicant enter phone number we can contact you during the day.
Application For Reconsideration: To be completed by employee or applicant making request.
1. Additional information for reconsideration: List new information submitted, other data, documents, explanation that may be used to clarify request (e.g., past accommodations, physician's reports, ability to supply personal devices, etc.). Attach all documents listed.
Requester's Signature: Self explanatory.
Date: Enter the date reconsideration is signed.
Redetermination: To be completed by the Appointing Authority of the Department receiving the request.
Date of Request: Enter date of signature.
Approved/Disapproved: Check one only.
Accommodations provided: If approved, enter accommodation to be provided.
Reason(s) Denied: Enter reasons request denied. Be specific.
Telephone/ext.: Enter appointing authority's voice and TTY phone number, as appropriate.
Appointing Authority's Signature: Self explanatory. (Signature of supervisor or higher level designee as specified by department head.)
Date: Enter date of appointing authority's signature of action.
FOR INTERNAL USE ONLY
Submit for internal action only if request is unreasonable or presents a hardship on the employer.
FOR INTERNAL USE ONLY
Date Request Received: _______________________
Final Decision:_________________________________________________________________________
Action Taken: _____________________________________ Date of Final Decision:_________________ Comments: ___________________________________________________________________________ Examiner/Supervisor's Name: _________________________ Date Notice Sent: _____________________
RA-2
06/04
State of Hawaii
Department of ______________________________
EMPLOYEE AUTHORIZATION FOR RELEASE OF INFORMATION
I hereby request and authorize __________________________________________
(Physician's Name) ______________________________________________
(Physician's Address) ____________________________________________
(Physician's Phone Number) ______________________________________
to release and send to the Department of _________________________________
the following information: ____________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________
which you may have or may receive about me. I understand this information is to help determine the extent of my disability, its effect on work activities, and any need for reasonable accommodation to enable me to perform my job in the workplace. I have read the above and fully understand its contents in entirety and am satisfied with the reason and purpose for which my permission is given.
My consent is valid for 180 days or shall terminate on _________________________, and may be revoked by me at any time except for action already taken.
Employee's Name (Print)_______________________________________________
Employee's Signature ___________________________________Date____________
RA-3
06/04
STRATEGIES FOR DETERMINING ESSENTIAL JOB FUNCTIONS
A key concept in the provision of reasonable accommodation is the determination of which job duties are essential. The essential job functions are compared to the functional capabilities of the workers to objectively determine:
1) if the individual is qualified for the specific job;
2) whether accommodations would be beneficial; and,
3) what specific types of accommodations should be considered.
Therefore, identifying the essential job functions is not only critical in providing a reasonable accommodation but also critical in deciding whether or not the employer has an obligation to provide the requested accommodation.
WHAT ARE ESSENTIAL FUNCTIONS?
The essential functions are job duties that: - the individual must be able to perform unaided or with the assistance of a reasonable accommodation; - are necessary to the operations of a program and the reason that the position exists; - could be so highly specialized and that it is performed by a limited number of employees; - the employer deems to be essential and were documented in written job descriptions prepared before advertising or interviewing; - takes up a vast majority of the employee's work time; - are consistent with collective bargaining agreements and with work experience of past incumbents and current incumbents similar positions.
HOW DO YOU DETERMINE ESSENTIAL JOB FUNCTIONS?
Conducting a job analysis provides a proven method for systematically establishing each of the essential elements of a specific job. Analysis is conducted through direct observation, discussions with employees and careful review of the position description to provide a comprehensive picture of the job.
There are two (2) aspects to the job analysis process: functional job requirements and work environment factors.
(1) Functional Job Requirements
A task is a distinct identifiable work activity that constitutes one of the logical and necessary steps to perform a job. Job requirements provide detailed information about: - How tasks are accomplished. (Methods, techniques, tools or equipment, utilized by a worker to complete work tasks.) - Physical movements and or mental processes involved in the work activity. (Descriptions of physical involvement include: pulling, pushing, lifting, carrying, kneeling, sitting, reading, climbing, walking, hearing, seeing. Examples of mental processes include: reasoning, remembering, reading, observing.)
(2) Work Environmental Factors
The nature of the environment is determined at the work site and involves knowledge about dimensions of furniture, equipment, workspace, clearance, etc. At some point, other key locations such as bathrooms, entrances, doorways, elevators, stairways, and hallways should be examined to determine accessibility. Once all the functional requirements of the job have been clearly identified along with significant environmental factors, the job analysis process is complete. However, worker qualifications must be made on the basis of the essential functions of the specific job in relation to the functional capabilities of the disabled individual.
SOURCES OF TECHNICAL ASSISTANCE
Disability and Communication Access Board The Disability and Communication Access Board (DCAB), administratively attached to the Department of Health, serves as a central clearinghouse of information for persons with disabilities. The DCAB office has staff program specialists located on Oahu. The staff can assist you in the following areas: explaining the requirements to provide reasonable accommodation under Federal or State law, providing general information on the availability of specific products which might resolve a particular employment situation (by accessing information from a national data base on products or from literature files in the office), explaining how to secure the services of a Sign Language Interpreter, Reader, Notetaker, or Personal Assistant, and guidance on appropriate fee schedules for such services on a consultant basis. The DCAB office is located at:
919 Ala Moana Blvd., #101
Honolulu, HI 96814 Phone: 586-8121 (Voice or TTY)
E-mail: dcab@doh.hawaii.gov
Neighbor Islands can contact the DCAB office by calling toll free:
Big Island 974-4000, ext. 68121#
Kauai 274-3141, ext. 68121# Maui 984-2400, ext. 68121#
Molokai 1 (800) 468-4644, ext. 68121#
State Vocational Rehabilitation and Services for the Blind Division
Department of Human Services
The State Vocational Rehabilitation and Services for the Blind Division within the Department of Human Services is responsible for providing technical assistance and information to various State Departments in addressing their responsibilities to employees and applicants who are clients of vocational rehabilitation services.
Vocational Rehabilitation and Services for the Blind Division
601 Kamokila Blvd., Room 515
Honolulu, HI 96707
Phone: 692-7715 (Voice or TTY)
AN EXAMPLE OF THE REASONABLE ACCOMMODATION PROCESS*
SCENARIO: A sack handler position requires an employee to pick up 50-pound sacks and carry them from the loading dock to the storage room.
A sack handler impaired by a back injury requests a reasonable accommodation.
| Essential function for a sack handler is to move sack from loading dock to storage room, but not necessarily to physically lift sacks. |
| Employer learns that employee can lift sacks to waist level, but disability prevents employee from carrying them. |
| Providing a dolly, hand truck or cart could enable employee to transport sacks. Carts are not feasible, because company does not own any and those available for purchase are the wrong size. Dolly and hand trucks are available and effective. |
| Employee prefers dolly. Employer determines that dolly will allow employee to move sacks, so is more efficient than hand truck. Employer agrees to provide dolly as reasonable accommodation. |
* Taken from the appendix to the EEOC regulations.
Accommodations Decisions Chart
If a request for an accommodation is made, the following chart can assist the supervisor in the decision-making process regarding provisions of the accommodation.
| Does the person have a disability? | Is the person "qualified"? | Is the accomodaton "reasonable"? | The accommodation must be provided. |
A person with a disability is one who:
If "yes" move to the box to the right. If "no" move to the box below. |
Persons with disabilities who with reasonable accommodation can perform the essential functions of a job are "qualified". Can thhe person perform the essential functions of the position? If "yes" move to the box to the right. If "no" move to the box below. |
An accommodatonwould impose an "undue hardship," and would therefore not be "reasonable," if it:
If "yes" move to the box to the right. If "no" move to the box below. |
|
| If the person does not have a disability, the accommodation need not be provided. | If the person is not "qualified" the reasonable accommodaton need not be provided. | If the accommodation is not reasonable it need not be provided. |
6.0 Paying for a Specific Accommodation
Some accommodations, such as equipment purchases or facility access, will cost money.
6.1 Program and departmental responsibility
Funding for equipment and/or facility improvements to finance specific accommodations should be sought through the normal budget process. The provision of some reasonable accommodations will require procedures unique to the State of Hawaii as an employer. These procedures are covered in Chapter 7.
Resources for equipment and/or facility improvements may be available through:
- The normal budget process
- Internal departmental savings
- Programs of other departments (Repair and Alteration/Repair and Maintenance programs of the Department of Accounting and General Services; loan or transfer of equipment from one agency to another.)
Since resources are finite, improvements needed to provide specific accommodations may require some creative pooling of funds from both within an agency as well as from other agencies. An example may be the pooling of Repair and Maintenance funds from the Department of Accounting and General Services and internal savings from the requesting agency. Another example may be the pooling of funds during the fiscal year end/start in order to resource the necessary changes.
Programs must exhaust their own budget; then program managers should consult with their Department's Administrative Services Officer
- IF a person with a disability is a client of the Vocational Rehabilitation and Services for the Blind Division of the State Department of Human Services or the Veterans Administration of the federal government, then the payment of an accommodation may be possible through those agencies.
- It may be possible to lease a piece of equipment at a much lower cost with less impact on a program's budget rather than purchase the item. EXAMPLE: Rather than purchasing a teletypewriter (TTY) for the deaf for between $200-$400 (2004 price range) it may be easier and less costly to have a Deaf employee lease the equipment from the phone company for and reimburse the employee for the cost.
- It may be possible to borrow the equipment rather than leasing or purchasing an item. A program should contact the Resources for Technical Assistance located in the Vocational Rehabilitation and Services for the Blind Division as described in ATTACHMENT 5-D for more information.
- A person with a disability may wish to use his or her own equipment (e.g., computer) in the office so long as supplies are purchased and the equipment is repaired, if broken. A Department's Administrative Services Office should be contacted for possibilities for such payment.
- If services involving personnel are needed (e.g., a reader assistant), a volunteer may be utilized, if effective. A program may be able to afford reimbursement of a volunteer's costs, such as mileage and parking, if a salary is not requested.
Chapter 6, page 1
7.0 State of Hawaii Procedures for Providing a Specific Accommodation
The provision of some reasonable accommodations will require procedures unique to the State of Hawaii as an employer.
7.1 Requests for equipment or furniture
Requests for equipment or furniture include, but are not limited to: telephone or telecommunications equipment and peripherals, computer equipment and peripherals, and adapted or specialized equipment or furniture.
7.1.1 Requests for telephone or telecommunications equipment. A request for specialized or adapted telephone equipment may include, but not be limited to: a teletypewriter for the deaf (TTY), amplified handset, flashing alarms, or hands-free headsets. All requests which impact on the telephone system must be approved by the Department of Budget and Finance-ICSD on a Telecom Request (TR) form. Submit a TR request form indicating the desired change, indicate in the section requiring a justification for the expenditure, that such request is "to provide reasonable accommodation for an employee with a disability" and attach the approved Form RA-1 to the TR form. Once approved, a purchase order may be processed. An example of a request is included as ATTACHMENT 7-A.
7.1.2 Requests for computer equipment. Requests for computer equipment may include, but are not limited to: voice output, mouse or joystick controls, head controls, or Braille printers. The employer should follow normal computer request procedures, as outlined by the Department of Budget and Finance. When the request for computer equipment is the result of a request for reasonable accommodation, the justification request should annotate that such request is "to provide reasonable accommodation for an employee with a disability" and attach the approved Reasonable Accommodation Form RA-1 to the TR form. Once approved, a purchase order may be processed. An example of an approval request is included as ATTACHMENT 7-B.
7.1.3 Requests for other furniture or equipment. Requests for furniture or equipment, other than a phone or computer, include, but are not limited to: an adapted desk or workstation, specialized chair, evacuation chair, mobility device for traveling, Braille machine, large print typewriter, audio cassette machine, or infrared loops or other amplification systems. The employer should follow normal equipment or furniture acquisition procedure, including gathering all necessary approvals. When the requests for furniture or equipment is the result of a request for reasonable accommodation, the justification should annotate that such request is "to provide reasonable accommodation for an employee with a disability" and attach the approved Reasonable Accommodation Form RA-1 to the request. Once approved, a purchase order may be processed.
Chapter 7, page
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