Peace of Mind Florida. FCADV/BIAF Reasonable Accommodation Policy and Procedures. June Page

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1 Peace of Mind Florida FCADV/BIAF Reasonable Accommodation Policy and Procedures June 2014 This project is supported by Grant No FW-AX-K004 awarded by the Office of Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author and do not necessarily reflect the views of the Department of Justice, Office of Violence Against Women. 1 Page

2 Peace of Mind Florida Peace of Mind Florida is a collaboration between the Florida Coalition Against Domestic Violence (FCADV) and the Brain Injury Association of Florida (BIAF). In October 2010, as a result of the Office of Violence Against Women (OVW) Disability Grant Program, FCADV and BIAF joined together to form Peace of Mind Florida. Peace of Mind Florida is a partnership designed to address how FCADV and BIAF will build internal capacity to provide training and technical assistance at the intersection of domestic violence and traumatic brain injury to its membership and staff. What We Believe The Peace of Mind Florida collaborative believes all Floridians who are survivors of domestic violence and traumatic brain injury should live in an environment that is accessible, responsive, comprehensive, and multicultural. Additionally, the environment must have sustainable services that foster empowerment-based advocacy and promote community integration and participation. Specifically, survivors should have options that offer them an autonomous life free of violence. Our Purpose Through this project, it is the intention of FCADV and BIAF, to collaboratively create sustainable system changes and provide training and technical assistance to support certified domestic violence center Advocates and Resource Facilitation Coordinators as they address the unique needs of survivors of domestic violence living with a disability as a result of a traumatic brain injury. These policies and procedures were created using adaptations of other referenced Office of Violence Against Women approved Responding to Disclosures of Abuse or Domestic Violence Policies and Procedures. Policies Peace and of procedures Mind Florida to meet Access the needs and identified Safety by the Review collaborative Tool partners. These policies and procedures should only be used by someone with experience and training in responding to disclosures of abuse or domestic violence. This policy is intended as informal guidance only. This policy also references the requirements of mandatory reporting and these references are for guidance use only. Identified Need 2 Page

3 Table of Contents Section Page I. Policy Statement 4 II. Definitions 4 III. Policy Purpose 5 IV. Policy Scope 6 V. Reasonable Accommodations for Employees 6 A. Confidentiality and Limitations 6 B. Making a Reasonable Accommodation Request 7 1. Who Can Make a Reasonable Accommodation Request 7 2. When to Make a Reasonable Accommodation Request 8 3. How to Make a Reasonable Accommodation Request 8 C. The Interactive Process 8 D. The Decision 9 1. Approval 9 2. Denial 10 VI. Reasonable Accommodations for Job Applicants 10 A. The Process 10 B. The Decision Approval Denial 11 VII. Reasonable Accommodations for Training Participants 12 A. The Process 12 B. The Decision Approval Denial 13 VIII. Staff Training 13 IX. Policy Dissemination 13 X. Dispute Resolution 13 3 Page

4 I. Policy Statement The Florida Coalition Against Domestic Violence (FCADV) and the Brain Injury Association of Florida (BIAF) are committed to providing safe, welcoming, and accessible environments to employees, job applicants, and FCADV/BIAF sponsored training participants. A person living with a disability who requires an accommodation or modification in order to perform the essential functions of a job, compete for a job, to enjoy equal benefits and privileges of employment, apply for a job, or attend an FCADV/BIAF sponsored training event may submit a request for a reasonable accommodation to the FCADV/BIAF [insert appropriate job title] at any time during the period of employment, before the application process or before a training event. The decision to approve or deny a request for a reasonable accommodation is made on a case-bycase basis. FCADV/BIAF will consider the disability and the needs of the individual as well as the needs of FCADV/BIAF when assessing FCADV/BIAF s reasonable ability to provide the accommodation. Moreover, when the initial request for a reasonable accommodation is not possible, FCADV/BIAF will engage in an interactive dialogue to explore and identify mutually agreeable alternative accommodations. The accommodation request will be processed according to the procedures outlined in this policy. II. Definitions Staff/Employees: Individuals who are employed by the agency on a full-time, part-time, or probationary status with either non-exempt or exempt status. Disability: A condition that substantially limits a major life activity, such as caring for one s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, lifting, sleeping, and working. 4 Page

5 Qualified Employee/Individual Living with a Disability: An individual with a disability ( the employee or the individual ) who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. (42 USCS 12131) Undue Hardship: An action that is unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of FCADV/BIAF. Reasonable Accommodation for an Employee: A reasonable accommodation is a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual living with a disability to perform the essential functions of the job or enjoy equal benefits and privileges of employment. Reasonable Accommodation for a Job Applicant: A reasonable accommodation is a modification or adjustment to the employment application process that makes it possible for an applicant to participate in the employer s hiring process and to receive equal consideration as an applicant for the job. Reasonable Accommodation for a Training Participant: A reasonable accommodation is a modification or adjustment to the training environment that makes it possible for a training participant to receive an equal benefit of an FCADV/BIAF sponsored training process/event. III. Policy Purpose The purpose of this policy is to provide qualified employees living with disabilities, job applicants living with disabilities, and training participants living with disabilities with guidelines to request/receive a reasonable accommodation and ensure the individuals receive an: 1. Equal opportunity to perform the essential functions of a job, and/or 2. Equal opportunity to enjoy equal privileges and benefits of a job, or 3. Equal opportunity to engage in the job application/hiring process, or 5 Page

6 4. Equal opportunity to participate in training events. The purpose of this policy is also to effectively communicate to employees, job applicants, and training participants the right they have to request a reasonable accommodation. To ensure that the information is effectively communicated, FCADV/BIAF will: 1. Post a notice in a workplace common area describing the employment provisions of the Americans with Disabilities Act of 1990 and Revised ADA Regulations Implementing Title II and Title III. 2. Provide to the employee, immediately upon hire, a copy (in an accessible format) of FCADV/BIAF s reasonable accommodation procedures, including the name and title of the staff person designated to receive process and implement the reasonable accommodation request. 3. Provide written notices in job vacancy advertisements that FCADV/BIAF will, with reasonable notice, provide reasonable accommodations to job applicants. FCADV/BIAF will publish, and provide upon request, the necessary steps for a job applicant to make the reasonable accommodation request. 4. Provide written notices in training announcements that FCADV/BIAF will, with reasonable notice, provide reasonable accommodations to training participants. FCADV/BIAF will publish, and provide upon request, the necessary steps for a training participant to make the reasonable accommodation request. IV. Policy Scope This policy applies to all FCADV/BIAF employees (including the remote staff of each agency), job applicants, and individuals seeking to participate in FCADV/BIAF sponsored training opportunities. V. Reasonable Accommodations for Employees A. Confidentiality and Limitations The disclosure of a disability is a personal decision. If an employee chooses to disclose a disability in order to request a reasonable accommodation, FCADV/BIAF will handle the 6 Page

7 information according to the confidentiality policies of FCADV/BIAF and the requirements under the law. FCADV/BIAF will comply with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504) and the Americans with Disabilities Act of 1990, 42 U.S.C , as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA). FCADV/BIAF will keep requests for reasonable accommodations and medical records in confidential files in a locked cabinet apart from the employees personnel files and will protect the confidentiality of the information except that FCADV/BIAF may: 1. Share information, only as most narrowly necessary, with an employee s supervisor or other FCADV/BIAF officials to make a decision regarding the reasonable accommodation request. 2. Share information with supervisors, as necessary, to provide the reasonable accommodation. 3. Share, at FCADV/BIAF s expense, the employee s medical records with a medical expert of FCADV/BIAF s choosing in order to determine if the reasonable accommodation is appropriate. 4. Share information with safety personnel if the individual living with a disability may require emergency treatment or assistance with evacuation. 5. Share information with government officials if it is necessary to investigate the employer s legal compliance. B. Making a Reasonable Accommodation Request 1. Who Can Make a Reasonable Accommodation Request? a. It is the responsibility of an individual living with a disability to make the reasonable accommodation request. b. The request for a reasonable accommodation may be made to FCADV/BIAF by the qualified individual living with a disability, family members of the 7 Page

8 individual, a health professional, or any other representative to whom the individual has given consent to act on her/his behalf. 2. When to Make a Reasonable Accommodation Request a. The individual may make a request for a reasonable accommodation (or a modification to an existing, approved request) at any time that the qualified individual encounters a workplace or training barrier that is preventing her/him, due to a disability, from performing the essential functions of a job or having equal access to a benefit or privilege of employment, the hiring process, or an FCADV/BIAF sponsored training event. 3. How to Make a Reasonable Accommodation Request a. An individual does not need to use the words reasonable accommodation when making a request. b. If the FCADV/BIAF [insert appropriate job title] is uncertain of the nature of the communication, the [insert appropriate job title] will ask if she/he is requesting a reasonable accommodation. c. The individual may make the request for a reasonable accommodation either orally or in writing to the FCADV/BIAF [insert appropriate job title]. d. The FCADV/BIAF [insert appropriate job title] will acknowledge the receipt of the request to the employee, in writing, within three business days. C. The Interactive Process After the reasonable accommodation request is made, the FCADV/BIAF [insert appropriate job title] or an appointed professional and the employee will communicate to determine, what, if any, accommodation can be provided. The interactive process may include: a. An analysis to identify the essential functions, privileges, and/or benefits of the job. b. A discussion with the employee to determine the precise limitations of performing the essential functions of the job or receiving equal privileges and benefits of the job. c. Coordination with the employee and a disability provider for external technical assistance to identify a reasonable accommodation, if necessary. 8 Page

9 d. Discussions with the employee to determine how the reasonable accommodation will help the employee successfully perform the essential functions of the job or allow the employee to enjoy equal privileges and benefits of the job. e. A request by FCADV/BIAF for additional documentation from a healthcare or rehabilitation professional to determine that the employee is living with a disability. FCADV/BIAF will make the request for additional documentation only if the disability is not readily apparent or if the employee has not already submitted sufficient information. If documentation is requested, FCADV/BIAF: a. May submit to the heath care or rehabilitation professional a list of questions (with a limited, signed release from the employee) to assist in processing the reasonable accommodation request. b. Will ensure that the documentation request is limited to only that which is needed to support that the employee is living with a disability and to assist in determining if a reasonable accommodation can be provided. D. The Decision FCADV/BIAF will provide both an oral and written decision to the employee following the interactive process within a reasonable period of time which will not exceed 30 days unless extenuating circumstances occur making such timeframe impossible to meet. If there are circumstances that FCADV/BIAF did not reasonably anticipate which delay the reasonable accommodation process, FCADV/BIAF will notate the reason(s) in writing, provide the written explanation to the employee, and keep a copy of the written explanation in the employee s reasonable accommodation file. 1. Approval a. If the interactive process supports that a reasonable accommodation is necessary and is not an undue hardship, FCADV/BIAF will approve a reasonable accommodation for the employee. FCADV/BIAF will consider the employee s preferred reasonable accommodation, but FCADV/BIAF will choose among equally effective accommodations based on cost and business needs. 9 Page

10 b. If FCADV/BIAF approves a reasonable accommodation but cannot\ implement it immediately, FCADV/BIAF will advise the employee of the reasonable timeframe in which the reasonable accommodation will be provided. 2. Denial a. FCADV/BIAF will provide the employee a written explanation for the denial of a request for a reasonable accommodation. b. FCADV/BIAF will advise the employee of her/his right to dispute the decision in accordance with FCADV/BIAF s dispute resolution policies. VI. Reasonable Accommodations for Job Applicant A. The Process FCADV/BIAF will offer reasonable accommodations to job applicants during FCADV/BIAF s hiring process to ensure that qualified individuals living with a disability are provided an equal opportunity to participate in the hiring process and receive equal consideration as an applicant for the job. FCADV/BIAF will: 1. Include a statement in job announcements and other recruiting methods that the FCADV/BIAF does not discriminate on the basis of disability or any other protected class. 2. Include the essential functions of the job in the job announcement. 3. Ensure that the job announcement and other recruiting methods are available in an accessible format, if necessary. 4. Advise all applicants of what is involved in the hiring process (e.g. interview, job demonstration, written test). 5. Include a statement in job announcements and other recruiting methods that applicants who need a reasonable accommodation for the hiring process should request the accommodation from the FCADV/BIAF Human Resources Director as far in advance as practicable. 6. Accept notices of an applicant s request for a reasonable accommodation in either oral or written form. 10 Page

11 7. Accept notices of an applicant s request for a reasonable accommodation from either the applicant or a third party on behalf of the applicant. 8. Begin, as soon as practicable, in an interactive conversation with the applicant to determine the type of reasonable accommodation to be considered. Additionally, FCADV/BIAF may ask for reasonable medical documentation which explains the disability and why an accommodation is necessary for the applicant to participate in the hiring process. FCADV/BIAF will make the request for additional documentation only if the disability is not readily apparent or if the applicant has not already submitted sufficient information. If documentation is requested, FCADV/BIAF: a. May submit to the heath care or rehabilitation professional a list of questions (with a limited, signed release from the applicant) to assist in processing the reasonable accommodation request. b. Will ensure that the documentation request is limited to only that which is needed to support that the applicant is living with a disability and to assist in determining if a reasonable accommodation can be provided. B. The Decision 1. Approval a. If the interactive process supports that a reasonable accommodation is necessary and is not an undue hardship, FCADV/BIAF will approve a reasonable accommodation for the applicant. FCADV/BIAF will consider the applicant s preferred reasonable accommodation, but FCADV/BIAF will choose among equally effective accommodations based on cost and business needs. b. FCADV/BIAF will advise the applicant of the reasonable timeframe in which the reasonable accommodation will be provided. 2. Denial a. FCADV/BIAF will provide the applicant a written explanation for the denial of a request for an accommodation. 11 Page

12 b. FCADV/BIAF will advise the applicant of her/his right to dispute the decision in accordance with FCADV/BIAF s dispute resolution policies. VII. Reasonable Accommodations for Training Participants A. The Process FCADV/BIAF will offer reasonable accommodations to both FCADV/BIAF employees and the general public ( training participants ) who attend FCADV/BIAF sponsored trainings to ensure equal access to the benefit of training events. FCADV/BIAF will request training space be accessible for persons living with a disability. FCADV/BIAF will: 1. Include a statement in training announcements that FCADV/BIAF does not discriminate on the basis of disability or any other protected class. 2. Ensure that the training announcement is available in an accessible format, if necessary. 3. Include a statement in training announcements that training participants who need a reasonable accommodation should request the accommodation from the FCADV/BIAF Human Resources Director or coordinator of the relevant training as far in advance as practicable. 4. Accept notices of a request for a reasonable accommodation from a training participant in either an oral or written form. 5. Accept notices of a request for a reasonable accommodation for a training participant from either the training participant or a third party on behalf of the training participant. 6. Begin, as soon as practicable, an interactive conversation with the training participant to determine the type of reasonable accommodation to be considered. B. The Decision 1. Approval a. FCADV/BIAF will consider the training participant s preferred reasonable accommodation, but FCADV/BIAF may choose among equally effective accommodations based on cost and business needs. 12 Page

13 b. FCADV/BIAF will advise the training participant of the reasonable timeframe in which the reasonable accommodation will be provided. 2. Denial a. FCADV/BIAF will provide the training participant a written explanation for the denial of a request for an accommodation. b. FCADV/BIAF will advise the training participant of her/his right to dispute the decision in accordance with FCADV/BIAF s dispute resolution policies. VIII. Staff Training The FCADV/BIAF [insert appropriate job title] will annually train all staff on the Reasonable Accommodation Policy and Procedures and disability awareness (including all applicable Federal, state and local requirements regarding reasonable accommodation requests). IX. Policy Dissemination This policy will be available in alternate formats upon request. This policy is available to all staff at time of hire and is available to all other individuals upon request to the FCADV/BIAF [insert appropriate job title]. X. Dispute/ Problem Resolution If an employee, job applicant, or training participant is dissatisfied with the result of the reasonable accommodation request, the individual can dispute the issue pursuant to the FCADV/BIAF dispute resolution policies. 13 Page