3 FAH-1 H-3670
PROCEDURES FOR REASONABLE ACCOMMODATION
(CT:POH-187; 03-22-2017)
(Office of Origin: HR/OAA/DRAD)
3 FAH-1 H-3671 Medical Documentation
in Support of the Reasonable Accommodation Request
3 FAH-1 H-3671.1 General
Provisions Governing Requesting Medical Documentation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. If an employee or applicant requests a reasonable
accommodation, the Department is entitled to know that an employee or applicant
has a covered disability that requires a reasonable accommodation. It may,
therefore, request appropriate medical information related to the functional
impairment and the requested accommodation where the disability and/or need for
accommodation is not obvious or already known. For purposes of these FAH
provisions and corresponding FAM provisions, the Department has designated the
Office of Medical Services Occupational Health Division of Domestic Programs (M/MED/CP/OHW/DP) as its medical expert. M/MED/CP/OHW/DP may, in its discretion, choose
to have the medical information reviewed by a medical professional at the
Departments expense.
b. The Bureau of Human Resources Office of Accessibility and Accommodations Disability/Reasonable
Accommodation Division (HR/OAA/DRAD) may
request appropriate medical information related to the functional impairment at
issue in conjunction with a reasonable accommodation request if HR/OAA/DRAD, in consultation with M/MED/CP/OHW/DP, deems the medical information
necessary to determine if the individual is disabled or to evaluate a request
for reasonable accommodation. No other Department office should initiate such
a request. The request may be made to the individual or a third party (see 3 FAM 3672.3, paragraph f) making the reasonable
accommodation request on behalf of the individual.
c. HR/OAA/DRAD will
instruct all individuals requesting accommodation to submit responsive medical
documentation directly to M/MED/CP/OHW/DP for
review and consideration.
d. HR/OAA/DRAD will
request only the documentation that is needed to establish that the person has
a disability and that the disability necessitates a reasonable accommodation.
The request should specify what types of information are needed regarding the
disability, its functional limitations, and the need for reasonable
accommodation. A request for medical documentation should also describe the
nature of the employees position, the functions the individual is expected to
perform, and any other relevant information.
e. Individuals may be asked to complete a Form DS-6546,
Medical Questionnaire for Assessment of Disability/Reasonable Accommodation,
and to submit the completed form directly to the Chief of Domestic Programs in
the Office of Medical Services (M/MED/CP/OHW/DP).
f. While MED assists HR/OAA/DRAD
in interpreting the medical information, MED recommendations as to
whether any particular accommodation request should be granted are advisory
only and do not constitute a decision on behalf of the Department as to whether
the request for reasonable accommodation will or will not be granted.
3 FAH-1 H-3671.2 Sufficient
Medical Documentation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Documentation is sufficient if it:
(1) Describes the nature, severity, and duration of
the individuals impairment; the activity or activities that the impairment
limits; and the extent to which the impairment limits the individuals ability
to perform the activity or activities; and
(2) Substantiates why the individual requires either a
reasonable accommodation in general or a specific accommodation, and how the
specific accommodation requested would permit the individual to perform the
essential functions of the job or enjoy a benefit of the workplace.
b. The Department may request only the information that
is relevant to making a decision about reasonable accommodation.
c. The Department should provide the following
information to the employee, the Bureau of Human Resources Office of Accessibility and Accommodations Disability/Reasonable
Accommodation Division (HR/OAA/DRAD), and
the Office of Medical Services Occupational Health Division of Domestic
Programs (M/MED/CP/OHW/DP):
(1) The nature of the job;
(2) The essential functions of the job the individual
will be expected to perform; and
(3) Any other information that is relevant to
evaluating the request.
3 FAH-1 H-3671.3 Insufficient
Medical Documentation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Documentation is insufficient if:
(1) It does not clearly explain the nature of the
disability;
(2) It does not explain the need for the reasonable
accommodation;
(3) It does not otherwise clarify how the requested
accommodation will assist the individual to perform the essential functions of
the job or to enjoy the benefits and privileges of the workplace;
(4) The health care professional does not have the
expertise to give an opinion about the individuals medical condition and the
limitations imposed by it; or
(5) Other factors indicate that the information
provided is not credible or is fraudulent.
b. If the information provided by the individual and
the individuals representative and/or health professional is insufficient to
enable the Bureau of Human Resources Office of Accessibility
and Accommodations Disability/Reasonable Accommodation Division (HR/OAA/DRAD) to determine whether an
accommodation is appropriate, HR/OAA/DRAD may
ask for further information. However, HR/OAA/DRAD
should explain to the individual why the information is insufficient;
what additional information is needed; and why it is necessary. HR/OAA/DRAD and the Office of Medical Services Occupational
Health Division of Domestic Programs (M/MED/CP/OHW/DP)
can determine what information is necessary. The individual requesting the
accommodation can also sign a limited release allowing M/MED/CP/OHW/DP to communicate directly with the
individuals health care professional.
c. If there is insufficient information to demonstrate
that the individual has a disability and needs a reasonable accommodation, HR/OAA/DRAD may request that the individual be
examined by a physician chosen by the Department. If this course of action is
taken, HR/OAA/DRAD must pay for the
examination.
d. Until sufficient documentation is provided, HR/OAA/DRAD may decline to provide the requested
reasonable accommodation.
3 FAH-1 H-3671.4 Confidentiality
of Medical Information
3 FAH-1 H-3671.4-1 Legal
Authorities
(CT:POH-148; 07-07-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Medical information maintained by the Department is
subject to confidentiality requirements. These include, inter alia:
(1) The Rehabilitation Act of 1973: Under the
Rehabilitation Act of 1973, medical information the Department receives in
connection with the reasonable accommodation process must be safeguarded from
unauthorized disclosure. Any Department of State employee receiving
information in connection with a request for reasonable accommodation may share
that information with other agency employees if, and only if, those employees
have a genuine and official need to know in order to assess or implement the reasonable
accommodation request; and
(2) The Privacy Act of 1974, as amended; 5 U.S.C. 552a
et seq.; and Federal regulations at 29 CFR 1611. The Departments requirements
to comply with the Privacy Act, with regard to all personal information
gathered by the Department, are discussed at 5 FAM 460.
3 FAH-1 H-3671.4-2 Confidentiality
Obligations
(CT:POH-148; 07-07-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Records pertaining to a request for reasonable
accommodation, whether in paper or electronic format, may not, absent other
legal authority, become part of an employees personnel file.
b. Under the Rehabilitation Act of 1973, medical
information obtained in connection with the reasonable accommodation process
must be safeguarded from disclosure. The following limited exceptions permit
disclosure of such confidential medical information to:
(1) Supervisors and managers where they need medical
information in order to abide by an employee's work restrictions;
(2) First aid and safety personnel if an employee
would need emergency treatment or require some other assistance (such as help
during an emergency evacuation) because of a disabling condition;
(3) U.S. Government officials or other authorized
individuals investigating compliance with the Rehabilitation Act and with
similar State and local laws; and
(4) To a States workers compensation office in order
to evaluate a claim pursuant to workers compensation laws, or for insurance
purposes.
c. Relevant laws and regulations should be consulted
before any release of medical information occurs. Whenever medical information
is disclosed, the individual disclosing the information should inform the
recipients of the confidentiality requirements that attach to it.
3 FAH-1 H-3672 INFORMATION TRACKING
AND REPORTING
3 FAH-1 H-3672.1 Retention of
Medical Information Supplied in Connection with a Request for Reasonable
Accommodation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The Office of Medical Services Occupational Health
Division of Domestic Programs (M/MED/CP/OHW/DP)
will maintain all records of medical information obtained in the course of
reasonable accommodation requests, for the duration of the requesting
individuals employment.
3 FAH-1 H-3672.2 Retention of All
Non-Medical Information Supplied in Connection with a Request for Reasonable
Accommodation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The Bureau of Human Resources Office of Accessibility and Accommodations Disability/Reasonable
Accommodation Division (HR/OAA/DRAD) will
maintain all other records pertaining to reasonable accommodation requests for
3 years after employee separation from the agency or all appeals are concluded,
whichever is later. HR/OAA/DRADs records
will include any nonmedical documentation of the individual's disability or
need for reasonable accommodation, as well as information about the disposition
of that individual's accommodation request.
3 FAH-1 H-3672.3 Collection of
Statistical Information Related to Requests for Reasonable Accommodation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The Bureau of Human Resources Office of Accessibility and Accommodations Disability/Reasonable
Accommodation Division (HR/OAA/DRAD) will
maintain documentation, for at least a revolving 5-year period, sufficient to
ascertain the following information:
(1) Number and types of reasonable accommodations that
have been requested during the course of application for a Foreign Service or
Civil Service position and whether those requests have been granted or denied;
(2) Jobs (occupational series, grade level, and agency
component) for which reasonable accommodations have been requested;
(3) Types of reasonable accommodations that have been
requested for each of those jobs;
(4) Number and types of reasonable accommodations for
each job, by agency component, that have been approved, and the number and
types that have been denied;
(5) Number and types of requests for reasonable
accommodations that relate to the benefits or privileges of employment, and
whether those requests have been granted or denied;
(6) Reasons for denial of requests for reasonable
accommodation;
(7) Amount of time taken to process each request for
reasonable accommodation; and
(8) Sources of technical assistance that have been
consulted in trying to identify possible reasonable accommodations.
HR/OAA/DRAD will make
such information available to the Equal Employment Opportunity Commission
(EEOC) upon request. Upon request, relevant and available information may also
be provided to the exclusive representative for bargaining unit employees they
represent.
3 FAH-1 H-3672.4 Periodic Review
of Statistical Information Related to Requests for Reasonable Accommodation
(CT:POH-187; 03-22-2017)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The Office of Civil Rights (S/OCR) will engage in a
periodic review of the data compiled by the Bureau of Human Resources Office of
Accessibility and Accommodations Disability/Reasonable
Accommodation Division (HR/OAA/DRAD) to
ascertain, inter alia, the following:
(1) How long, on average, it takes the Department to
respond to requests for different types of reasonable accommodations;
(2) Whether there are particular types of reasonable
accommodations that the Department has been unable to provide;
(3) Whether there are identifiable trends in denying
requests for reasonable accommodations; and
(4) What the reasons for denial have been.
b. Following the periodic review, the Director of S/OCR
may provide conclusions and recommendations to the Director General (DGHR)
regarding strengths and weaknesses in the Departments reasonable accommodation
program and make suggestions for improving the program. Such documentation
will be retained in S/OCR for 3 years.
3 FAH-1 H-3673 through h-3679
unassigned