Library: Policy

340:1-11-41. Reasonable accommodations and undue hardship for Oklahoma Human Services (OKDHS) employees

Revised 9-15-23

(a) OKDHS employee requests for reasonable accommodations are resolved at the lowest level possible, on a case-by-case basis, after the Office for Civil Rights (OCR) accepts Form 14CR003E, Request for Reasonable Accommodation, and opens a case. OCR considers Americans with Disabilities Act (ADA) protocol for reasonable accommodation requests, when:

(1) the employee has a disability;

(2) the employee is qualified; and

(3) an effective and reasonable accommodation is available and does not create an undue hardship.

(b) When feasible, an employee makes a request for a reasonable accommodation in writing by submitting Form 14CR003E to the local ADA coordinator. • 1 The employee attaches a definitive, narrative medical statement from a medical professional that confirms the employee is disabled per the Americans with Disabilities Act Amendments Act (ADAAA) and specifies the reasonable accommodation(s) needed to perform the essential functions of the position. • 2

(c) The ADA coordinator in OKDHS local county offices is the Adult and Family Services field manager or the Child Welfare Services (CWS) district director in stand-alone CWS offices. In other offices and facilities the ADA coordinator is the person administratively responsible for that location. The local ADA coordinator is familiar with the information contained on the “Requests for Reasonable Accommodation” page located on the OCR page of the OKDHS InfoNet. The local ADA coordinator signs Form 14CR003E, retains a copy, and forwards the original and the medical documentation to the deputy director, division or program director, or designee, who signs the form and retains a copy. Original Form 14CR003E and the medical documentation are immediately forwarded to the OKDHS OCR to open a case and approve the medical statement. Signatures under this subsection of the form serve only to acknowledge the request and do not indicate agreement to provide the accommodation requested or any other accommodation.

(d) When the Form 14CR003E is fully-signed and is forwarded to OCR, and OCR approves the medical statement and opens a case, the local OKDHS office initiates the mandated interactive-process by meeting with the requesting employee one or more times in an attempt to clarify the need for accommodation and to determine what, if any, accommodation is provided. The interactive process may take up to 30-calendar days. At the end of the interactive process the employee is notified in writing of the decision, whether an accommodation is to be provided, and a copy of the notice is sent to OCR. When a decision is not made by the 30th day after OCR opens the case, OCR refers the request to the Request Review Committee (RRC) for a decision. • 3

(e) Upon receipt of the fully-signed Form 14CR003E and an approved, definitive, narrative medical statement, OCR opens a file and notifies the requesting employee that the local OKDHS office approves or denies the request and of his or her right to appeal the decision. OCR monitors the interactive process and serves as a resource to all parties.

(f) Accommodations that would result in an undue hardship to OKDHS do not have to be provided. Before making such a determination OCR consults with the regional director, division or program director, or designee.

(g) Appeals to the RRC are routed through the OKDHS OCR administrator.

(h) Employees who request a reasonable accommodation have the right to file a written appeal with the RRC when:

(1) his or her request is denied;

(2) a decision is not made by the 30th day of the interactive process; or

(3) the accommodation provided is not effective.

(i) OKDHS is not required to provide a reasonable accommodation when doing so would place an undue hardship on OKDHS in terms of effort or expense.

(1) For an employment-related accommodation the factors in (A) through (J) of this paragraph are considered with regard to employment.

(A) The nature and cost of the accommodation.

(B) The overall financial resources of the facility or facilities involved in providing the accommodation.

(D) The effect on expenses and resources, or the impact otherwise of the accommodation upon the facility's operation.

(E) OKDHS financial resources.

(F) The overall size of OKDHS with respect to the number of its employees.

(G) The number, type, and location of OKDHS facilities.

(H) The type of OKDHS operation or operations, including the composition, structure, and functions of the OKDHS work force.

(I) Geographic separateness.

(J) The administrative or fiscal relationship of the facility or facilities in question to OKDHS.

(2) For a program-related accommodation, the factors in (A) through (D) of this paragraph are considered.

(A) The OKDHS resources available for use in the funding and operation of the service, program, or activity.

(B) When the accommodation would fundamentally alter the nature of the service, program, or activity.

(C) If the accommodation is consistent with providing services in the most integrated setting appropriate to the needs of individuals with disabilities.

(D) If an alternative and accessible site is available for the provision of services.

INSTRUCTIONS TO STAFF 340:1-11-41

Revised 9-15-23

1. The Americans with Disabilities Act coordinator in Oklahoma Human Services (OKDHS) local county offices is the Adult and Family Services field manager or the Child Welfare Services (CWS) district director in stand-alone CWS offices. In other offices and facilities the ADA coordinator is the person administratively responsible for that location. The local ADA coordinator is familiar with the information contained on the “Requests for Reasonable Accommodation” page located on the OCR page of the OKDHS InfoNet.

2. To assist in determining the need for an accommodation the immediate supervisor provides an unrated copy of the employee's current performance evaluation, a list of essential functions, or the position specifications for the employee to share with the medical professional. Medical documentation may not be required when the need for an accommodation is easily observable or is well known.