Law prescribes accommodations for disabled workers

上一篇 / 下一篇  2018-06-14 16:11:39 / 個人分類:教育人文


Law prescribes accommodations for disabled workers
Sections 501 and 504 of the Rehabilitation Act of 1973 require federal agencies to provide reasonable accommodations to “qualified” employees and applicants for employment with disabilities, unless the accommodation would impose an undue hardship to their agencies.

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“Qualified” means that the individual requesting the accommodation satisfies the job-related requirements of the position he or she holds (or is applying for) and can perform. its essential functions, with or without a reasonable accommodation. A reasonable accommodation is any change in the work environment or the way things are customarily done that would enable a qualified individual with a disability to be considered for a position, to perform. the essential functions of a position, and to enjoy benefits and privileges of employment.

Examples of accommodations include providing application forms in alternative formats such as large print or Braille; providing interpreters, readers or personal assistants; modifying the way a function is performed, and providing assistive technology or other workplace adaptive equipment. A request by a qualified employee with a disability to use a service animal at work is also considered a request for an accommodation. Federal law defines a service dog as any dog that is individually trained to do work or perform. tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.
The reasonable accommodation process begins as soon as an individual makes an oral or written request to the immediate supervisor, a supervisor or manager in the individual’s chain of command, the HR office or CpAC, or the organization’s EEO office or Disability program manager. With regard to applicants of employment, the selecting official or other official within the selecting official’s chain of command would serve as the decision maker.

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Requests for accommodations do not require the individual to specifically mention Rehabilitation Act or Reasonable Accommodation. However, the requester must generally inform. the decision maker of their need for an adjustment or change to some aspect of the application process, the performance of job functions, or a benefit of employment for a reason related to a medical condition.

The supervisor or decision maker receiving a request for an accommodation from an employee or applicant must document the request in writing and provide a copy to the DpM within two business days of receipt. The DpM will then provide a log number to the document for tracking purposes.

If the disability or need for accommodations is not obvious, the decision maker will consult with the Reasonable Accommodation Committee comprised of a representative from CHRA, Legal, Safety, and Medical, to obtain relevant medical documentation regarding the disability as well as the requester’s ability to perform. the functions of their job.

After a request for accommodations is made, the next step is for both parties to begin the interactive process with ongoing effective communication to include the decision maker meeting with the Reasonable Accommodation Committee.

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Both sides must communicate directly, exchange essential information and neither side can delay or obstruct the process. This means that the requester must provide relevant medical information if requested.

As part of the interactive process, supervisors may offer alternate accommodations as long as the alternate accommodation effectively overcomes the barrier that prevents the requester from performing the functions of their job.




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