Reasonable Accommodation Requests

BUREAU OF HUMAN RESOURCES
HUMAN RESOURCES POLICY AND PRACTICES MANUAL

3.2 ACCOMMODATION: REASONABLE ACCOMMODATION REQUESTS

POLICY AND PROCEDURE FOR PROCESSING REQUESTS FOR REASONABLE ACCOMMODATION FROM EMPLOYEES AND APPLICANTS:

This policy is intended to provide consistency in the consideration and determination of requests for reasonable accommodation. It also governs the steps that should be taken in the event that an applicant or employee requests reasonable accommodation. Managers, supervisors, and employees should also consult departmental EEO Officers and review related departmental EEO/AA policies when considering requests for reasonable accommodation.

References:	Americans With Disabilities Act
	Maine Human Rights Act
	Rehabilitation Act of 1973

1. POLICY: It is the policy of the State of Maine to provide reasonable accommodations, in a timely and cost-effective manner, for any qualified individual with a disability who is an employee or applicant for employment, in accordance with the provisions of the Maine Human Rights Act and the Americans With Disabilities Act. All state agencies shall adhere to all applicable state and federal laws, regulations, and guidelines with respect to providing reasonable accommodations to afford equal employment opportunity to any qualified individual with a disability.

2. PROCEDURE:

A. REQUESTS FOR ACCOMMODATION: All requests for accommodation must be addressed. If any employee or applicant makes a request for accommodation it is important that supervisors and management staff notify the agency EEO Officer of such requests.

1. EMPLOYEES: Employees requesting accommodation may direct the request to his or her direct supervisor or the agency EEO Officer/human resource representative. If the individual is a workers’ compensation return-to-work candidate, the request should be directed to the agency workers’ compensation representative.

2. CANDIDATES: Applicants requesting accommodation should direct the request to the interview panel or the agency EEO Officer

B. DOCUMENTATION: The documentation of requests for accommodation is important to ensure that all requests are appropriately considered, to fulfill EEO reporting requirements, and to review established practices.

C. REVIEW: Requests for accommodation, with supervisory comments, must be forwarded to the agency EEO Officer as expeditiously as possible, but not greater than fourteen calendar days of receipt. The agency EEO Officer or the State EEO Coordinator will make a determination if the request is consistent with both state and federal law and state policy. No request for accommodation shall be approved, modified, or denied prior to review by the agency EEO Officer or the State EEO Coordinator.

In conjunction with the employee’s supervisor, the agency EEO Officer will determine whether the request is reasonable within the framework of existing laws and regulations. Every effort must be made to respond to the applicant’s/employee’s request for accommodation within thirty days of receipt.

The EEO Officer may determine that it is necessary to obtain a statement from the applicant’s/employee’s treatment provider to verify and explain the limitations or restrictions being requested. If additional information is required, the applicant/employee will be contacted for a release of medical information. Any request for a second medical opinion will be made in accordance with the applicable bargaining agreement.

If the request is approved by the agency, the accommodation must be provided as promptly as possible. If the request is denied, the applicant/employee may request that the agency decision be reviewed by the State EEO Coordinator at the Bureau of Human Resources.

If at any time during the review process it is determined that an employee is unable to perform the essential functions of his or her position, even with reasonable accommodation, refer to Civil Service Bulletin 8.19, as amended, which explores options for reassignment.

Questions regarding this policy should be directed to the agency EEO Officer, who is generally located at the agency’s central administrative unit, or the State EEO Coordinator, who is located at the Bureau of Human Resources.

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