DC government agencies are required by the Americans with Disabilities Act (ADA) to provide reasonable accommodations for qualified employees and applicants with disabilities when necessary to allow them to perform the essential functions of their jobs, unless the accommodation would pose an undue financial or administrative burden or a direct threat to health or safety.

The DC Office of Disability Rights (ODR) is available to assist agencies and employees with disabilities with reasonable accommodations and other disability issues. ODR’s primary function is to provide technical assistance to agencies that may not have the necessary expertise to identify appropriate reasonable accommodations. ODR can assist agencies to identify and acquire equipment and services needed for reasonable accommodations.

Most reasonable accommodations are low-cost or no-cost. However, ODR is also offering a pilot program to assist agencies with funding to pay for reasonable accommodations.

• Agency Request Procedure for Reasonable Accommodation Funding (PDF Format Version)*
• Reasonable Accommodation Funding Plan Form (PDF Format Version)*

ODR Contact Information:

http://odr.dc.gov
 (202) 724-5055
 odr@dc.gov

 Haydn Demas, ADA Compliance Specialist (Employment)
 (202) 442-4692
 Haydn.Demas@dc.gov

Taking into account the preference of the qualified individual, the agency’s ADA Coordinator or other appropriate staff must consult with the employee or applicant with a disability and determine the accommodation that best serves the needs of the qualified individual and the agency. The agency has the discretion to choose a less expensive accommodation, an accommodation that is easier to provide or an accommodation that is less disruptive to the overall operations of the program. However, the agency must ensure that the accommodation provided is effective. The Job Accommodation Network (JAN) can be contacted for assistance in making this assessment at 1(800) 232-9675 (Voice/TTY) or http://janweb.icdi.wvu.edu/.

For more information on the reasonable accommodation process, see the DC Government Manual for Accommodating Employees with Disabilities at http://odr.dc.gov.

Requests for reasonable accommodation must be handled as expeditiously as possible.

Reasonable Accommodation Funding Requirements:

• Generally, each District agency must pay for its own costs of providing accommodations to qualified applicants and employees.
• For accommodations costing $2,500 - $10,000, ODR will help defray some or all of the costs of an accommodation on request from individual agencies.
• ODR will use this system to help fund equipment, technology, and furniture purchases as well as occasional services involving personnel.  However, ODR cannot provide full-time or part-time personnel.  Ongoing personnel needs (such as full-time or part-time sign language interpreters, readers, or assistants) must be handled through the agency’s budget.
• ODR may not be able to meet every agency’s request for funding of reasonable accommodations, and therefore, will prioritize the requests from the agencies and exercise discretion in approving requests.
• If the employee with a disability is a client of the Vocational Rehabilitation Services Administration (RSA) or has medical insurance, that agency or insurance company may fund work related equipment or modifications for that client.
• If a reasonable accommodation for an employee requires structural modifications to facilities, the agency and ODR may need to consult the Office of Property Management (OPM) and/or the landlord for assistance.
• If a reasonable accommodation for an employee requires technology, software, or computer equipment, the agency and ODR may need to consult with the Office of the Chief Technology Officer (OCTO) for assistance.

• Modifications of Agency Policy – these are generally no-cost accommodations provided by the agency without funding from ODR.  For examples of modifications of agency policy, see the DC Government Manual for Accommodating Employees with Disabilities.
• Adaptive Equipment - Equipment includes software and computer equipment, telephone equipment, adaptive furniture, and other physical or technological items. For examples of adaptive equipment commonly used for reasonable accommodations, see the DC Government Manual for Accommodating Employees with Disabilities.
• Professional Services – Services include interpreters, readers, note takers, or assistants.  Often, reasonable accommodation services can be provided on an “as needed” basis by agency staff.  However, in some cases professional services are needed. For examples of services commonly used for reasonable accommodations, see the DC Government Manual for Accommodating Employees with Disabilities.
• Modification of Physical Premises – Employee work areas and common areas may need to be modified to accommodate a qualified employee with a disability.  Requests for modification of the physical premises may include installation of a ramp, change in door or control hardware, installation of tactile signage, widening of doorways, installation of grab bars, modification of restroom facilities, designation of accessible parking, and other physical changes. When the reasonable accommodation for the employee requires structural modifications to facilities, the agency and ODR will consult with the Office of Property Management (OPM) and/or the facility landlord for assistance.

1. The agency’s ADA Coordinator or other appropriate staff, in consultation with the employee or applicant   with a disability, completes a “Reasonable Accommodation Plan” (Form A, attached) and returns the Plan with any needed medical documentation to ODR;
2. ODR will review the Reasonable Accommodation Plan and approve, reject or modify the request. The qualified individual and the agency’s ADA Coordinator may be consulted if necessary;
3. ODR shall:
   a)   Review any advice provided by the RSA, and conduct a technical review of possible equipment or services; b)   Take into account the preference of the qualified individual; and c)   Recommend to the agency’s ADA Coordinator the accommodation that best serves the needs of the qualified individual and the agency.
4. If ODR approves the request, it will arrange for the purchase of the equipment or service, its customization, and transfer to the requesting agency.
5. If ODR disapproves the request, it shall state its reasons for disapproval to the agency’s ADA Coordinator.
6. If the ODR proposes to modify the request, it shall state its reasons for the modification in writing to the agency’s ADA Coordinator. The agency’s ADA Coordinator shall consult with the qualified individual about consenting to the modification. The agency’s ADA Coordinator shall advise ODR in writing if the qualified individual consents to the modification;
7. Requests that are disapproved by the ODR or are modified, but not consented to by the qualified individual may be resubmitted with additional documentation or explanation to the ODR for reconsideration.
8. The agency is always free to (and may be required to) provide the requested accommodation at its own expense, regardless of ODR’s disapproval or modification of a request.

The agency shall be responsible for all maintenance of, repairs to, and consumables used in the operation of adaptive equipment, along with any specialized training of personnel in the operation of the adaptive equipment. The agency should consult with the Office of the Chief Technology Officer (OCTO) and/or the Office of Property Management (OPM) as appropriate.

Disposal of Adaptive Equipment

1. If the employee moves to a new position within DC government
   The adaptive equipment shall be transferred with the qualified individual, as long as the individual remains a District employee, the adaptive equipment is still required as a reasonable accommodation, and the adaptive equipment is not required as a reasonable accommodation by another employee.  If the equipment is no longer needed, the adaptive equipment shall be returned to ODR for reuse.
2. If the employee leaves District employment:
   If the adaptive equipment is not required as a reasonable accommodation for another employee, then the agency shall arrange for the adaptive equipment to be transferred to ODR for reuse.

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