Understanding the Reasonable Accommodation Process
HRA Employee Resources Hub
How can I request a Reasonable Accommodations, Personal Assistance Services, or a Pregnancy, Childbirth and Nursing Accommodations?
Requests for reasonable accommodation may be made either in writing or orally at any time by an individual with a disability. Requests for Pregnancy Accommodations follow a slightly different process. Learn more about requesting a pregnancy accommodation.
Employees are encouraged to complete VA Form 0857a, Written Confirmation of Request for Accommodation. While not required, completion of this form is requested for record keeping purposes and can streamline the request process.
Requests for reasonable accommodation can be submitted to:
- Employee supervisor,
- Employee manager,
- Reasonable Accommodation Coordinator (RAC),
- Human Resources Recruitment and Staffing Personnel, or
- Contact identified in a vacancy announcement.
Do not provide any medical documentation to anyone other than the Reasonable Accommodation Coordinator
What are the employees’ responsibilities in this process?
- Requesting the RA/PAS from your Supervisor, Manager or RAC
- Providing timely and sufficient medical documentation, if requested, (VA Form 0857e, Request for Medical Documentation) within 20 business days of the request from the RAC
- Participating in the interactive process with the Decision-Making Official (DMO)
- Completing and returning all forms within designated timelines, as required
Steps we’ll take after a request is submitted
Each reasonable accommodation request is processed on a case-by-case basis. Generally, your request will follow the flow below.
The process will start
- The RAC will provide you and the DMO with confirmation of your request and review the request in its entirety.
- The DMO may provide interim accommodation while your request is being processed.
- The RAC will provide VA0857e Request for Medical Documentation form, if needed, to support the request.
- The National Reasonable Accommodation Consultant is available to assist the RAC and DMO throughout the process.
Within 30 business days of receiving the request the
Human Resource Management Official:
- Processes the applicant’s request within 10 business days of receipt.
Employee:
- Receives a request to provide medical documentation within 20 business days of receipt.
Reasonable Accommodation Coordinator:
- Request and reviews medical documentation
- Provides DMO guidance.
- May request that the DMO complete an Essential Function Analysis that reviews the essential job functions of your position.
- Reviews the medical documentation, Essential Function Analysis, and provides the DMO guidance for an interactive meeting with you.
The Decision-Making Official:
- Conducts an interactive meeting to discuss what essential functions are affected by your functional limitations.
- Decides on the accommodation request as soon as possible.
- If it is determined that there is no effective accommodation to perform essential functions of the employee’s current position, and all other reasonable accommodations would impose an undue hardship on the Agency, VA will search for a vacant position at the same or a lower grade for which the employee is fully qualified and can perform with or without reasonable accommodation.
You will be contacted after the DMO makes their decision.
- Once a final determination is made, the DMO and employee must sign the VA0857f form.
- The RAC will coordinate implementation of the accommodation and maintain confidentiality of requests and related documentation/records.
Each reasonable accommodation request will be reviewed annually
The annual review helps VA ensure that:
- All accommodations are effective and appropriate.
- Employees’ and Agency’s needs are being met.
- Resources are used efficiently.
- VA complies with legal obligations under the Rehabilitation Act and the Equal Employment Opportunity Commission’s guidance.
When can requests be denied?
Requests for RAs or PAS may be denied in certain circumstances:
- Removes Essential Function(s). The requested accommodation would require the removal of an essential function from the position occupied by the employee or from the position for which the applicant applied
- Lowers Standards. The requested accommodation would require lowering the performance or production standard that is required of all employees in similar positions (job series/grade level)
- Undue Hardship. Providing the requested RA would cause the Agency significant difficulty or expense. Factors to consider when making this determination include the overall size of the Agency’s program with respect to number of employees; the type and number of facilities; size of the budget; the type of agency operation, composition, and structure of the agency’s workforce; and the nature and cost of the accommodation. 29 CFR 1630.2 (p). Only the Secretary of Veterans Affairs may deny an accommodation based upon cost.
- The accommodation would not be effective given the employees’ limitations, restrictions, and the situation in its entirety.
- Direct Threat. The individual poses a “direct threat” to the health and safety of themself or others. To meet this factor, there must be a high probability of substantial harm that cannot be eliminated or reduced by providing reasonable accommodation.
What can I do if I am not satisfied with my decision?
You have several options if you are not satisfied with the decision on your reasonable accommodation request.
- File a request for reconsideration within 7 days of the date of the notice on your determination. Send the request in writing to the DMO or RAC.
- File an Equal Employment Opportunity complaint within 45 days of the date of the notice on your determination.
- Participate in the Alternative Dispute Resolution process.
Learn more about the laws that protect qualified individuals with disabilities
VA follows these disability laws that protect individuals:
- Sections 501 and 505 of the Rehabilitation Act of 1973 – Prohibits employment discrimination against individuals with disabilities in the federal sector. Section 505 contains provisions governing remedies and attorney fees under Section 501.
Read more about the Rehabilitation Act on the Equal Employment Opportunity Commission website - Americans with Disabilities Act (ADA) of 1990 – Establishes a clear and comprehensive prohibition of discrimination on the basis of disability.
Read more about the Americans with Disabilities Act on the Equal Employment Opportunity Commission website - Americans with Disabilities Amendments Act of 2008 – Restores the intent and protections of the Americans with Disabilities Act of 1990.
Read more about the ADA Amendments Act on the Equal Employment Opportunity Commission website - Pregnant Worker’s Fairness Act (PWFA) – Requires a covered employer to provide a reasonable accommodation to a qualified employee or applicants known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Read more about the Pregnant Worker’s Fairness Act
