Lawrence Berkeley National Laboratory masthead LBNL Home A-Z Index U.S. Department of Energy logo Phone Book Jobs Search

RPM

REQUIREMENTS AND POLICIES MANUAL

Search the RPM
 
Home

Reasonable Accommodation

Skip to end of metadata
Go to start of metadata

    Title:

    Reasonable Accommodation

    Publication date:

    11/9/2020

    Effective date:

    11/9/2020

    BRIEF

    Policy Summary

    This policy addresses the interactive process in which Lawrence Berkeley National Laboratory (Berkeley Lab) engages with employees with disabilities to identify and implement reasonable accommodations that will enable employees to perform the essential functions of their positions. If there is no reasonable accommodation that would enable the employee with a disability to perform the essential functions of the employee's current position absent undue hardship, the interactive process is used to explore the possibility of reassignment to a vacant position for which the employee is qualified.

    Who Should Read This Policy

    This policy applies to non-represented employees in all employee classifications. Represented employees should consult their collective bargaining agreements (CBA).

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.


    Title:

    Reasonable Accommodation

    Publication date:

    11/9/2020

    Effective date:

    11/9/2020

    POLICY

    A. Purpose

    This policy addresses the interactive process in which Lawrence Berkeley National Laboratory (Berkeley Lab) engages with employees with disabilities to identify and implement reasonable accommodations that will enable employees to perform the essential functions of their positions. If there is no reasonable accommodation that would enable the employee with a disability to perform the essential functions of the employee's current position absent undue hardship, the interactive process is used to explore the possibility of reassignment to a vacant position for which the employee is qualified.

    B. Persons Affected

    This policy applies to non-represented employees in all employee classifications. Represented employees should consult their collective bargaining agreement (CBA).

    C. Exceptions

    Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer (CHRO).

    D. Policy Statement

    1. General. Consistent with applicable law, Berkeley Lab provides reasonable accommodation to an otherwise qualified employee who has a disability or has become disabled and as a result needs assistance to perform the essential functions of the employee's current position. The interactive process will be used to determine what, if any, reasonable accommodation will be made.
    2. The Interactive Process
      1. The interactive process is an ongoing dialogue between the employee with a disability and appropriate representatives of Berkeley Lab about possible options for reasonably accommodating the employee's disability in the employee's current position. Options may include, but are not limited to, a modified work schedule in the employee's current position, a leave of absence, reassignment, modification of work tools or equipment, assistive devices, modification of existing facilities, and job restructuring. If there is no reasonable accommodation that would enable the employee to perform the essential functions of the employee's current position absent undue hardship, the interactive process is available to explore reassignment, in accordance with Section D.4 of this policy. Both Berkeley Lab and the employee are expected to participate in the interactive process in good faith.
      2. The essential functions of the job, the employee's functional limitations, possible accommodations, and the reasonableness of possible accommodations will be considered during the interactive process.
    3. Supporting Documentation. When Berkeley Lab requests that the employee provide documentation from the employee's health care provider to confirm that the employee has a disability and to identify the employee's functional limitations, the employee has an obligation to promptly comply with such requests. The information in this documentation may be subject to confirmation by Berkeley Lab. When Berkeley Lab determines that such confirmation is necessary, Berkeley Lab may require that the employee be examined by a Berkeley Lab-appointed licensed health care provider. In such circumstances, Berkeley Lab will pay the costs of the examination and reimburse the employee for any reasonable out-of-pocket travel expenses incurred in connection with the examination.
    4. Reassignment
      1. Berkeley Lab will pursue reassignment when:
        1. The interactive process has resulted in a determination that there is no reasonable accommodation that would enable the employee to perform the essential functions of the employee's current position absent undue hardship;
        2. The employee may be able to perform the essential functions of another Berkeley Lab position, with or without reasonable accommodation; and
        3. The employee is interested in reassignment.
      2. An alternate position is suitable if the employee possesses the requisite qualifications for the position (e.g., required skills, knowledge, abilities, experience, education, license, certificate) and can perform the essential functions of the position with or without reasonable accommodation. When a suitable position has been identified, the employee will be given preferential consideration for that position. An employee may be reassigned to a suitable position as a reasonable accommodation even if the position has not yet been publicized, in accordance with Section D.2.a of the Recruitment and Hiring policy.
      3. When conducting the alternate job search, vacant positions that would be considered lateral to the employee's current position will first be considered. All aspects of a vacant position will be considered when assessing whether it is lateral to the employee's current position. Notwithstanding the definition of "promotion," for purposes of this policy, if an employee's salary could remain the same in the alternate position, the fact that the salary range of the alternate position has a higher maximum than the salary range of the employee's current position will not, standing alone, mean that reassignment to that position would be a promotion rather than a lateral move. If there are no suitable lateral positions, the possibility of reassignment to a lower position will be explored.

    E. Roles and Responsibilities

    Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

    F. Definitions/Acronyms

    Term

    Definition

    Disability

    (1) A physical disorder or condition that limits a major life activity; (2) a mental or psychological disorder or condition that limits a major life activity; (3) a Medical Condition that is (a) a cancer-related physical or mental health impairment from a diagnosis, record, or history of cancer; or (b) a genetic characteristic that is known to be a cause of a disease or disorder that is associated with a statistically increased risk of development of a disease or disorder, though presently not associated with any disease or disorder symptoms; and (4) any other condition recognized as a disability under applicable law.

    Interactive Process

    The process by which Berkeley Lab and the employee engage in a dialogue about the employee's functional work limitations due to a disability and any accommodation that can be provided that would enable the employee to perform the essential functions of the employee's position and/or another identified position for which the employee qualifies.

    Promotion

    The change of an employee from one position to another position that has a higher salary range maximum.

    G. Recordkeeping Requirements

    Any medical documentation about an employee received in connection with the employee's request for reasonable accommodation or the interactive process should be treated as a confidential medical record for purposes of record storage.

    H. Implementing Documents

    For procedures and additional information, see the Integrated Disability & Absence Management Services website.

    I. Contact Information

    For more information, contact your division's Human Resources Center.
    Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

    J. Revision History

    Date

    Revision

    By Whom

    Revision Description

    Section(s) Affected

    Change Type

    1/2/2012

    0

    M. Bello

    Re-write for wiki (brief)

    All

    Minor

    10/5/2015

    1

    L. Westphal

    Re-write for wiki (policy)

    All

    Minor

    11/9/2020

    2

    W. Crosson

    Revised to align with University of California policy PPSM-81: Reasonable Accommodation.

    All

    Minor

    DOCUMENT INFORMATION

    Title:

    Reasonable Accommodation

    Document number

    02.02.004.000

    Revision number

    2

    Publication date:

    11/9/2020

    Effective date:

    11/9/2020

    Next review date:

    11/9/2023

    Policy Area:

    Work Environment

    RPM Section (home)

    Human Resources

    RPM Section (cross-reference)

    none

    Functional Division

    Human Resources

    Prior reference information (optional)

    RPM Section 2.01(D)

    Source Requirements Documents

    University of California Personnel Policies for Staff Members (PPSM) 81, Reasonable Accommodation

    Implementing Documents

    None

    • No labels