FAA Reasonable Accommodation Process

Associate Administrator for Civil Rights, John P. Benison, shares details of the upcoming Changes to FAA's Reasonable Accommodations Request Process which are effective starting July 1st, 2023.

DOT/FAA Reasonable Accommodation

Written guidance available from the Reasonable Accommodations Employee Guide - Version 7

Written Guidance for the post July 1, 2023 process not yet published.

Overview

A reasonable accommodation is any change to a job, the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities.

Federal agencies are required by law to provide reasonable accommodation to qualified applicants and employees with disabilities.

The FAA reasonable accommodation policy is contained in Order 1400.12 and DOT Order 1011.1b.

Submitting a Reasonable Accommodation

Employees should direct requests for reasonable accommodation to their first-line supervisor, designated as the reasonable accommodation decision maker in FAA Order 1400.12. A request may be made whenever the employee chooses, even if he or she has not previously disclosed the existence of a disability.

An employee may initiate a request for reasonable accommodation orally or in writing. Employees and job applicants seeking a reasonable accommodation should promptly follow an oral request with a written request to the decision maker.

If an employee with a disability requires assistance with the written request requirement, the first-line supervisor will provide or arrange for assistance. An employee may also request a reasonable accommodation through a family member, health professional, or other designated representative.

The requesting employee and the decision maker shall engage in an interactive process to determine what, if any, accommodation is required. The goal of this process is to ensure that all parties understand how the request will be processed, to ensure that there is an opportunity for all relevant information to be exchanged, and to provide the requesting employee with an opportunity to propose and discuss potential accommodations.

Medical Documentation

When the disability and/or need for accommodation is not obvious and is not otherwise known, the requesting employee may be asked to provide reasonable information/documentation about the functional impairment at issue and the requested accommodation. Failure to submit properly requested information/documentation may result in denial of the request for reasonable accommodation.

The Office of Civil Rights (ACR) may ask the requesting employee to provide medical documentation relevant to the reasonable accommodation decision. The employee should not provide any medical documentation to their manager.

The medical documentation should describe the following:

  • Nature, severity, and duration of the impairment relevant to the request.

  • One or more of the major life activities that the impairment limits

  • Extent or degree to which the impairment limits a major life activity.

  • Explanation of how the impairment affects the performance of a skill or a function.

  • Explanation as to how an accommodation will help an individual apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the workplace.

The law requires that medical information/documentation related to the reasonable accommodation process be kept confidential, therefore medical documentation will be kept in files separate and apart from an employee's personnel file(s). ACR will maintain all medical records for reasonable accommodation requests.

Disability Determination

Once a disability determination is made, the decision maker will render a decision on the reasonable accommodation request and will either grant the requested accommodation, grant an alternative accommodation, or deny the accommodation request.

All reasonable accommodation decisions will be issued to employees in a Decision Memorandum.

Examples of Reasonable Accommodations

There are various types of accommodations that can be provided based on an employee’s specific accommodation needs. Below are a few examples of accommodations that can be provided. If an employee is unsure of what accommodation, they may need they can work with ACR to assist with identifying appropriate accommodation options.

  • Purchasing or modifying existing equipment or devices.

  • Written materials accessible through alternative formats.

  • Sign language interpretation, CART Services.

  • Making changes to facilities or workspace.

  • Allow employee to work from home or another location.

  • Allow employee to use additional leave.

  • Modifying a workplace policy.

  • Reassignment to a vacant funded position. (Accommodation of last resort.)

Here are some examples of what the agency is not required to accommodate:

  • Remove an essential function of a position

  • Lower performance or production standards

  • Waive uniformly applied conduct rules that are job related and consistent with business necessity

  • Provide personal items such as eyeglasses, hearing aids, prosthesis

  • Provide an accommodation that poses an undue hardship to the Agency

  • Provide an accommodation that poses a direct threat to the employee or others

Additional Resources

Department of Transportation Disability Resource Center (DRC): The DRC supports the DOT in the employment, advancement, and retention of people with disabilities through the use of state-of-the-art technology and proactive customer services. The DRC is annually funded by all DOT modes, including FAA. Therefore, the cost of an accommodation should not be used as an excuse to deny a request for reasonable accommodation - in most cases, the accommodations are already paid for. FAA employees will need to work through the FAA reasonable accommodation process with their supervisor before submitting a request for a service or accommodation provided by the DRC.

Accommodation that can be provided through the DRC include:

·         Sign Language Interpreting Services

·         Communication Access Realtime Translation (CART) Service

·         Personal Assistance Services (PAS)

·         Assistive Technology Equipment and Training

Job Accommodation Network (JAN) - JAN is funded by the Department of Labor's Office of Disability Employment Policy, and is a resource for workplace productivity enhancements and reasonable accommodation solutions.

Equal Employment Opportunity Commission (EEOC)

AskEARN | Home - Employer Assistance and Resource Network on Disability Inclusion

Telework as a Reasonable Accommodation

Any questions relating to reasonable accommodations can be directed to:

Person with Disabilities webpage: my.faa.gov/go/pwdp