Step

Responsible Party

Action

1.

Supervisor/Manager and HR Analyst

Identifies the essential functions of the position for each employee's position description.

Individual requests specific accommodation or identifies specific limitations imposed by the disability. Individual employee submits request to his/her supervisor. The individual need not mention the ADA or use phrases like "reasonable accommodation" in their request. The individual may initiate a request orally or in writing.

Through an informal, interactive process, explore potential accommodations that would overcome the limitations.

If the disability or need for an accommodation is not obvious, documented or not already known to the supervisor/manager, ADA Coordinator, or the HR Analyst, it may be necessary for the individual to provide documentation about the disability and/or functional limitations. In this situation, the HR Analyst will request medical documentation, along with a signed Release of Information form directly from the requesting individual. If the information submitted does not clearly explain the disability, or the need for the accommodation, the HR Analyst has the right to request supplemental medical information. HR also has the right to have the medical information reviewed by a medical expert. A description of the essential functions and working conditions of the job needs to be provided. All medical information will be kept confidential and in locked files, separate from personnel files.

At this stage, the following should occur:

1. As appropriate, conduct a job analysis of the particular job involved and determine its physical and cognitive requirements.
2. Consult with the requesting individual regarding the precise job-related limitation imposed by the individual’s disability and how those limitations could be overcome with a reasonable accommodation.
3. In consultation with the requesting individual to be accommodated, explore potential accommodations that would overcome the limitations. Assess the effectiveness each would have in enabling the individual to perform the essential functions of the position; and
4. Supervisor confers with Human Resource Analyst, requesting individual, managers, ADA Coordinator and technical assistance, as necessary, to determine whether the accommodation is reasonable or would pose an undue hardship; and
5. If the accommodations are deemed reasonable, consider the preference of the requesting individualand select and implement the accommodation that is most appropriate for both the employee and the employer.

See the Office of Human Resources Common Terms for definitions and descriptions.

Has the right to accept or reject the proposed accommodation based on its effectiveness. May propose different accommodations.

Notifies the requesting individual of the agency's determination in writing and of the specific accommodations that it will make or has denied.

Accepts or rejects the Department's decision.

If dissatisfied with a DHS reasonable accommodation decision, the requesting individual may submit a written complaint. The complaint shall be submitted to the Office of Human Resources Administrator within 180 days from the date of the alleged violation. Exceptions may be granted in special circumstances.

The ADA Coordinator and/or Human Resource Analyst, under the direction of the appropriate Appointing Authority, shall promptly investigate any complaint received, and shall send a written response to the complainant within fifteen (15) days following receipt of the complaint. The complainant may be given the opportunity to meet with the ADA Coordinator and the Human Resource Analyst, whenever feasible in an effort to resolve the complaint. The written complaint and response shall be distributed to the complainant, to any relevant parties to the alleged action(s), and the DHS Human Resources Administrator. The results of this internal review are final. If the complainant is dissatisfied with the decision, s/he may file a complaint with:

1. Affirmative Action Director
   Governor’s Office
   155 Cottage Street NE
   Salem, OR 97301
   503-373-7444 (voice)
   
2. May file a complaint with a federal agency even if a complaint has been filed with the ADA Coordinator or under the terms of a collective bargaining agreement. Complaint should be filed within 180 days of the alleged violation and in accordance with the federal agency’s rules and policies. Exceptions may be granted in special circumstances. Complaints regarding employment may be filed with:
   
   Equal Employment Opportunity Commission
   1801 L Street NW
   Washington, D.C. 20507
   202-663-4900 or 1-800-669-4000 (voice)
   202-663-4399 or 1-800-669-6820 (TDD)
   
   or with the:
   
   Oregon Bureau of Labor and Industries
   800 NE Oregon St, Suite 1045
   Portland, OR 97232
   971-673-0761 (voice)