STATE OF HAWAI'I
ACCOMMODATIONS FOR
EMPLOYEES WITH
DISABILITIES MANUAL
Print Version of Manual
DISABILITY AND COMMUNICATION
ACCESS BOARD
Neil Abercrombie, Governor
Loretta J. Fuddy, A.C.S.W., M.P.H., Director of Health
Barbara Fischlowitz-Leong, Chairperson
Francine Wai, Executive Director
April 2012
(Third Revision)
STATE OF HAWAI'I
ACCOMMODATIONS FOR EMPLOYEES
WITH DISABILITIES MANUAL
TABLE OF CONTENTS
1.0
Introduction
2.0
Employment of People with Disabilities by the State of Hawai'i
2.1 Introduction and purpose of the Manual
2.2 The population of people with disabilities
2.3 What are the legal requirements?
2.4 Who does the law protect?
3.0
Reasonable Accommodation for People with Disabilities
3.1 What is a reasonable accommodation?
3.2 Who may request an accommodation?
3.3 Determining essential job functions
3.4 Determining what is reasonable
4.0
Types of Reasonable Accommodation
4.1 Job restructuring
4.2 Modified work schedules and flexible leave policies
4.3 Modification or purchase of equipment and devices
4.4 Reassignment to a vacant position
4.5 Modification of exams, training materials, or policies
4.5.1 Tests and examinations
4.5.2 Training
4.5.3 Modifications to policies
4.6 Modification of physical site (building and facility)
4.7 Provision of readers, communication assess providers, or personal assistants
4.7.1 Provision of qualified readers
4.7.2 Provision of qualified communication access providers
4.7.3 Provision of personal assistants
4.8 Other accommodations
5.0
The Reasonable Accommodation Process
5.1 Employee identification of needs and request for reasonable accommodation
5.2 Medical documentation for reasonable accommodation requests
5.3 Consultation with the employee and others - interactive process
5.4 Responsibility of the appointing authority (Department and Program)
6.0
Paying for a Specific Accommodation
6.1 Program and departmental responsibility
6.2 Helpful ideas
7.0
State of Hawaii Procedures for Providing a Specific Accommodation
7.1 Requests for equipment or furniture
7.1.1 Requests for telephone or telecommunications equipment
7.1.2 Requests for computer equipment
7.1.3 Requests for other furniture or equipment
7.2 Requests for modification of the physical premises
7.2.1 Space in State-owned buildings
7.2.2 Space in leased, private buildings
7.2.3 Requests for accessible parking
7.3 Requests for services involving personnel
7.3.1 Requests for communication access providers
7.3.2 Requests for readers, notetakers, or mobility aides
7.3.3 Requests for personal assistants
7.3.4 Personnel options
7.3.4.1 Services to be performed by an existing employee
7.3.4.2 Services to be performed by a new hire
7.3.4.3 Services to be performed on fee-for-service basis
ATTACHMENTS
4-A
Chart of Possible Structural Problems
5-A
Request for Accommodation (RA-1)
5-B
Request for Reconsideration of an Accommodation (ADA-2)
5-B
Employee Authorization for Release of Information (ADA-3)
5-
C
Medical Documentation for Reasonable Accommodation Requests
5-
D
Strategies for Determining Essential Job Functions
5-E
Sources of Technical Assistance
5-F
An Example of the Reasonable Accommodation Process
5-
G
Accommodations Decisions Chart
7-A
Telecom Request - Blank Form with Numbered Spaces
7-A
Telecom Request - Instructions for Completing Form
7-A
Telecom Request - Sample Form Filled Out
7-A
Telecom Request - Instructions for Completing Form
7-A
Minicom 225 TTY - Picture and Description
7-A
Videophone - Picture and Description
7-B
Non-Budgeted Computer Hardware or Software Request Sample Form
7-B
Sample Form - Page 2
7-B
Non-Budgeted Computer Hardware or Software Request Instruction Form
7-B
Instruction Form - Page 2
7-
C
Sample Letter to Comptroller Requesting Modification to a State-owned Premise
7-
D
Sample Letter to Comptroller Requesting Modification to a Privately-owned
Premise
7-E
Sample Letter to Comptroller Requesting Parking
7-F
Position Description - Sign Language Interpreter
7-
G
Position Description - Reader Assistant
7-
H
Position Description - Personal Assistant
7-I
Guidelines for Programs when Selecting Among Personnel Options for Support
Services
7-J
Requisition and Purchase Order for Reader/Notetaker Services
7-J
Bill for Collection for Reader/Notetaker Services
7-K
Requisition and Purchase Order for Interpreter Services/Communication Access
Providers
7-K
Bill for Collection for Interpreter/Communication Access Services
7-L
Requisition and Purchase Order for Personal Services
7-L
Bill for Collection for Personal Services
1.0 Introduction
In 1991, A Task Force on Reasonable Accommodation developed a State policy for the
provision of reasonable accommodations for applicants and employees with disabilities
in State government positions. This policy was articulated in a Governor's Executive
Memorandum 92-02.
The Task Force developed this Manual as a reference guide for Departmental program
managers responsible for staff hiring. Included are the background information on the
rationale for providing accommodations, specific procedures for obtaining some
accommodations, as well as technical assistance resources to assist in providing
accommodations for an applicant or employee with a disability.
The original August 1992 edition of the Manual was prepared by the Task Force on
Reasonable Accommodation consisting of representatives of the Department of
Accounting and General Services (lead agency), Department of Budget and Finance,
Department of Human Resources Development, Department of Health, Department of
Human Services, Department of Labor and Industrial Relations, Disability and
Communication Access Board, Hawai'i Civil Rights Commission, and Office of
Affirmative Action.
The Disability and Communication Access Board revised the original Manual in
December 1996, June 2004 and March 2012. This Manual is primarily for State of
Hawai'i employers (managers). However, it may also be useful for private employers as
a reference, although forms and procedures are specific to State government
employment. This Manual does not focus on determining whether or not an individual
meets the Americans with Disabilities Act (ADA) definition of disability (see Section 2.4
for general definitions). Rather it focuses on the requirements and process of providing
reasonable accommodation once a person is determined to have a disability. The
general content and procedures remain unchanged, although resources have been
updated and references to the ADA Amendments Act of 2008 (ADAAA) have been
noted.
This Manual is intended as a reference guide to provide technical assistance. It does
not substitute for legal advice. Please contact the Departmental Human Resources
Office or the Department of the Attorney General, as appropriate, for legal advice.
For additional technical assistance, contact the Departmental ADA Coordinator or the
Disability and Communication Access Board (DCAB).
This Manual is also available at
http://hawaii.gov/health/adacoordination/sohramanual/index.htm.
Chapter 1, page 1
January 5, 1998
ADMINISTRATIVE DIRECTIVE 98-01
TO: All Department and Agency Heads
SUJECT: Reasonable Accommodations for Persons with Disabilities
This directive supersedes Executive Memorandum 92-02.
The State of Hawaii is committed to provide equal opportunity in State employment to
qualified individuals with disabilities. Our commitment to equal opportunity includes a
legal duty to provide reasonable accommodation to facilitate the employment of
qualified individuals with disabilities.
Reasonable accommodation represents a logical adjustment made to the application
process, in the work environment to enable the person to perform the essential
functions of the job, or in benefits of employment.
Reasonable accommodation includes, but is not limited to, making existing facilities
readily accessible to and useable by individuals with disabilities, job restructuring, part-
time or modified work schedules, reassignment to vacant positions, acquisition or
modification of equipment or devices, appropriate adjustment or modifications of
examinations, training materials or policies, the provision of qualified readers or
interpreters, and other similar accommodations.
As a major employer, State departments and agencies shall follow procedures
established through the most current version of the "Reasonable Accommodation for
Employees Manual" to provide equal employment opportunity to employees and job
applicants with disabilities through providing reasonable accommodations.
The State Commission on Persons with Disabilities shall be responsible for the
preparation of the manual. The Commission and the Department of Human Resources
Development shall provide technical advice on providing reasonable accommodations
to qualified persons and employees with disabilities, as outlined in the Manual.
Chapter 1, page 2
Administrative Direcitve 98-01
January 5, 1998
Page 2
Each Department or agency head, as an appointing authority, shall provide equal
employment opportunities, make reasonable accommodations, use departmental
resources, use alternative ways of meeting personnel needs, and develop or modify
programs to meet these goals. When the person with a disability acting as an applicant
or employee engages in a program, service, or activity of the State of Hawaii, the
department or agency sponsoring the activity shall have primary responsibility for
providing and paying for the accommodation.
Chapter 1, page 3
2.0 Employment of People with Disabilities by the State of Hawai'i
2.1 Introduction and purpose of the Manual
The purpose of this Manual is to provide guidance on how to reasonably accommodate
State employees and applicants for State positions. This Manual establishes a uniform
approach to providing reasonable accommodation consistent with federal and state
laws.
State departments have a responsibility to provide reasonable accommodation ensure
equal opportunity in the hiring, training, advancement, and treatment of persons with
disabilities. The State shall strive to have persons with disabilities represented in every
major organizational element, occupational category and grade level.
The State of Hawai'i shall promote goals and objectives to assure that considerations of
issues concerning persons with disabilities are integrated into all aspects of personnel
management.
2.2 The population of people with disabilities
The Census Report, Americans with Disabilities: 2001/2002 cites 54,000,000 Americans
as having a disability or twenty percent (20%) of the general population. In Hawai'i
approximately 20% of the population, or an estimated 274,962 people, have disabilities.
According to the Census Bureau, 60% of people with disabilities are of working age (15
to 64 years old), equaling to 164,977 persons with disabilities of working age in Hawai'i.
This Manual is directed at the potential employment of any of those estimated 164,977
persons with disabilities in the State of Hawai'i.
A 1994 Harris Poll provided additional data related to persons with disabilities in the
workforce. This was the first major national survey related to the attitudes and
experiences from people with disabilities themselves about their self-perceptions, how
their lives have changed over time, about their employment, as well as their educational
and social life. The survey was based on 1,021 phone interviews with a national sample
of non-institutionalized persons with disabilities aged 15 and older. Key findings related
to employment of persons with disabilities included:
Two-thirds of all Americans with disabilities between the ages of 15 and 64 are
not working (similar to the 1986 Harris Poll);
Seventy nine percent of working-age persons with disabilities who are not
working say that they would like to work (an increase from 66% in the 1986
Harris Poll);
Nearly half of those who work feel that their work does not enable them to use
their "full talents or abilities;"
Chapter 2, page 1
Eight in ten working age adults with disabilities who are unemployed, but looking
for work believe that they would have the kind of job they would like to have, if
they didn't have a disability or a health problem;
The most important reasons why working age adults with disabilities are not
working included health problems limiting what they could do, medical treatment
for disability, not being recognized as being capable of doing a full-time job;
Fifty seven percent of adults with disabilities between the ages of 15 and 64 who
are not currently working reported they would lose benefits (i.e., income, health
care) currently received from private insurance or the government, if they worked
full-time;
Almost 87% of employed adults with disabilities work outside their homes, while
12% work at home; and
If an appropriate position were available, 70% of adults with disabilities who
indicated that they would be willing and able to work were most interested in a
technical job, working with their minds.
From these responses, it is clear that working age adults with disabilities continue to be
a group representing a viable and nearly untapped labor pool for employment by the
State of Hawai'i.
2.3 What are the legal requirements?
NOTE: THIS SECTION IS FOR REFERENCE PURPOSES ONLY. CONSULT YOUR
DEPARTMENTAL HUMAN RESOURCES OFFICE OR THE DEPARTMENT OF THE
ATTORNEY GENERAL FOR LEGAL ADVICE.
The State of Hawai'i, as an employer, is covered in its entirety by the employment
provisions of the federal Americans with Disabilities Act (ADA) of 1990 and the
subsequent Americans with Disabilities Act Amendments Act (ADAAA) of 2008. In
addition, Section 504 of the Rehabilitation Act of 1973, as amended, covers those
programs that receive federal financial assistance. Both laws prohibit discrimination
against individuals with disabilities.
Both the Rehabilitation Act of 1973 and the ADA require that employers make
reasonable accommodation to the known physical or mental limitations of an applicant
or employee with a disability, unless the employer can demonstrate that the
accommodation would impose an undue hardship on the agency's operation.
The State of Hawai'i is an employer subject to the requirements of Chapter 378. State
law (Hawai'i Revised Statutes, Chapter 378, Part 1) also provides equal employment
opportunities for persons with disabilities. The obligation to provide reasonable
accommodation also exists under state law. Thus, a cause of action by an employee
may be filed under either state or federal law for alleged failure to provide reasonable
accommodation.
Chapter 2, page 2
The obligation to provide reasonable accommodation applies to all employment
decisions and to the job application process. The obligation to provide reasonable
accommodation applies to all activities and benefits provided in connection with
employment and to all facilities provided or maintained by an employer for use by its
employees. Accordingly, the obligation to accommodate is applicable to employer
sponsored programs such as, placement or counseling services, and to employer
provided facilities such as, cafeterias, lounges, gymnasia, auditoria, and transportation
sites.
The obligation to provide reasonable accommodation does not extend to the provision
of items that are primarily for the personal benefit of the individual with a disability (e.g.,
prosthetic limb, prescription glasses) or for an activity that is not job-related.
2.4 Who does the law protect?
The ADAAA amended and clarified the definition of a person with a disability, by
broadening its scope and offering more clarification as to coverage.
"Person with a disability" means an individual who has a physical or mental
impairment which substantially limits one or more of the person's major life
activities, has a record of such an impairment, or is regarded as having such an
impairment.
"Physical or mental impairment" means (1) any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting one or more body
systems, such as neurological, musculoskeletal, special sense organs,
respiratory (including speech organs), cardiovascular, reproductive, digestive,
genitourinary, immune, circulatory, lymphatic, skin, and endocrine; or (2) any
mental or psychological disorder, such as an intellectual disability (formerly
mental retardation), organic brain syndrome, emotional or mental illness, and
specific learning disabilities.
"Major life activities" means those activities performed by an average person with
little or no difficulty. They include, but are not limited to, caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping, walking, standing,
sitting, reaching, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.
"Substantially limits" is determined by considering the extent, duration and impact
of the impairment on a major life activity. The impairment must substantially limit
a major life activity to be considered a disability. Temporary, non-chronic
impairments which do not last a long time and have little or no long-term impact
on a person's major life activities, are usually not considered a disability.
With one exception ("ordinary eyeglasses or contact lenses"), the determination of
whether an impairment substantially limits a major life activity shall be made without
regard to the ameliorative effects of mitigating measures such as medication or hearing
aids.
Chapter 2, page 3
The ADAAA clarified that an impairment that is episodic or in remission is a disability if it
would substantially limit a major life activity when active.
Chapter 2, page 4
3.0 Reasonable Accommodation for People with Disabilities
It is the policy of the State of Hawai'i to provide reasonable accommodation to the
known disability of persons with disabilities who are otherwise qualified for the State
government positions for which they are applying or in which they are currently
employed. This policy is based on federal legislation, including the Americans with
Disabilities Act (ADA) and Sections 503 and 504 of the Rehabilitation Act of 1973, as
amended, and state law, Hawai'i Revised Statutes, Chapter 378, Part 1. The Governor’s
Executive Memorandum 98-01, contained in Section 1 of this Manual, reaffirms the
policies.
This policy applies to all employment practices and actions. It includes, but is not limited
to, recruitment, examination and testing, hiring, training, disciplinary action, rate of pay
or other compensation, advancement, reclassification, relocation, reallocation,
promotion, demotion and benefits.
The provision of reasonable accommodation allows the State of Hawai'i, as an
employer, to:
Overcome potentially exclusionary employment practices, policies, and
consequences;
Provide equal opportunities for participation in education and training programs;
Enhance the upward mobility of qualified employees with disabilities; and
obtain and retain the services of an otherwise underutilized labor pool.
Reasonable accommodation requires that the employer take steps to eliminate existing
physical, procedural, and attitudinal barriers to permit a qualified person with a disability
to work.
3.1 What is a reasonable accommodation?
Reasonable accommodation is a modification or adjustment to a job, the work
environment, or the way things are usually done, to enable a qualified individual with a
disability to enjoy equal benefits and privileges of employment as are available to a
similarly situated employee without a disability.
Reasonable accommodation may occur in three phases of employment:
In the application process. Reasonable modification must be provided in the job
application process to provide a qualified applicant with a disability with an equal
opportunity to be considered for the position.
In the performance of the essential functions of a job. Reasonable
accommodation must be provided to enable a qualified person with a disability to
perform the essential functions of the job being sought or of a job currently held.
This may include modifications or adjustments to the work environment, to the
manner or circumstances which the position held or desired is customarily
performed, or to employment policies.
Chapter 3, page 1
In the receipt of all benefits of employment. Reasonable accommodations must
be provided to enable an employee with a disability to enjoy benefits and
privileges of employment equal to those enjoyed by other similarly situated
employees without disabilities. This would include equal access to lunchrooms,
meeting rooms, employer-sponsored services, social events, etc.
The reasonable accommodation requirement is best understood as a means by which
barriers for an individual with a disability are removed or alleviated. These barriers may
be physical or structural obstacles that inhibit or prevent the access of an individual with
a disability to job sites, facilities, or equipment. They may also be policies such as work
schedules that permit no flexibility as to when work is performed or when breaks may be
taken, or job procedures that unduly limit the modes of communication that are used on
the job, or the way in which particular tasks are accomplished.
Reasonable accommodation may include, but is not limited to:
Making existing facilities used by employees readily accessible to and usable by
individuals with disabilities;
Altering when or how an essential job function is performed;
Part-time or modified work schedules;
Reassignment to a vacant position;
Obtaining or modifying equipment or devices;
Modifying examinations, training materials, or policies;
Providing qualified readers or interpreters;
Permitting the use of accrued paid leave or unpaid leave for necessary
treatment;
Providing reserved parking for a person with a mobility impairment; and
Other similar accommodations for individuals with disabilities.
These and other examples are discussed in Chapter 4. However, the examples in this
Manual do not cover the entire range of potential accommodations, because every
reasonable accommodation must be determined on an individual basis and no two
people with disabilities are alike. Two people with the same disability may have very
different abilities and limitations.
A reasonable accommodation always must take into consideration 1) the specific
abilities and functional limitations of a particular applicant or employee with a disability,
and 2) the specific functional requirements of a particular job.
Chapter 3, page 2
3.2 Who may request an accommodation?
Employees or applicants with disabilities may request a reasonable accommodation
regardless of title, salary grade, bargaining unit, employment status (permanent,
temporary, provisional, emergency) or civil service status (regular, exempt) and at any
phase of the employment process.
For example, the need for an accommodation may be raised in the following situations:
A job applicant may request an accommodation for a civil service examination or
an interview;
A new employee who self-identifies as having a disability may request an
accommodation to perform the job he or she was hired to do;
An employee returning to work after experiencing an illness or injury may request
an accommodation to continue his or her current job;
An employee with a disability whose medical condition has changed since initial
hire may request an accommodation for the first time or a change in
accommodation previously provided; and
Any employee with a disability may request an accommodation at any time,
particularly if the work environment changes.
3.3 Determining essential job functions
A key step in providing reasonable accommodation is determining the essential
functions of a job. The employer must evaluate whether a person with a disability is
qualified to perform the "essential" functions of a particular job, with or without
reasonable accommodation. To do so, an employer should identify, in advance, the
"essential" functions and the "non-essential" or "marginal" functions of the job.
Reasonable accommodation must be provided to enable a qualified person to perform
the essential functions of the job.
To establish essential job functions, the job must be clearly defined by analyzing its
component tasks and determining the physical demands these tasks place on the
worker and the working conditions where the job is performed. Once the functions of the
job are established, the employer is permitted to determine the applicant's qualification
for those functions using criteria (tests, inquiries, etc.) that are job-related and meet a
business necessity. Chapter 5, Section 5.2, Step 1, provides additional information on
the job analysis process.
If, after administering the selection criteria, and the applicant meets the minimum
qualification requirements, this individual is considered "qualified." When a person with
a disability is qualified for the position for which he/she is applying or in which he/she is
employed, State and federal laws require that an employer provide reasonable
accommodation to known disabilities.
Chapter 3, page 3
3.4 Determining what is reasonable
An employee with a disability may request any accommodation. However, it is the
employer's job to provide only those accommodations that are reasonable.
Determining what is a "reasonable" accommodation requires an individual analysis. An
accommodation is determined to be reasonable so long as it does not impose an
"undue hardship" on the operation of the program or department. Some of the factors
that must be considered in determining if an accommodation would impose an undue
hardship are the:
Nature and net cost of the accommodation needed. With respect to cost, the
criteria rest on the ability of the Department and the State to pay for the item or
service requested;
Overall financial resources, the number of persons employed at the facility or
location, and the effect on expenses and resources;
Availability of resources at other levels of government;
Type of operation, including the composition, structure and functions of the
workforce; and
Impact of providing the accommodation on the operation of the program or
facility, including the ability of other employees to perform the duties, the effect
on the position and other employees, and the impact on the program or facility's
ability to conduct business.
The employer must determine whether an accommodation constitutes an "undue
hardship" on a case-by-case basis. This means that no one factor, such as cost, size or
location of a particular facility, or any single combination of factors, can always be the
standard by which "undue hardship" is measured.
An employer is not required to provide an accommodation for a qualified person with a
disability when such provision would impose an "undue hardship" on the operation of
the program or department. However, an employer may not simply assert that a
requested accommodation will cause an undue hardship. An employer will have to
present evidence and demonstrate that the accommodation will, in fact, cause an undue
hardship.
An employer cannot claim "undue hardship" simply because the cost of an
accommodation is high in relation to the value of the position in question (such as the
salary for that position). An accommodation is not an "undue hardship" merely because
it would cost the employer more than a fixed amount or certain percentage of the
employee's salary.
Chapter 3, page 4
If the employee with a disability or an entity other than the employer (such as the state
vocational rehabilitation agency) will pay the part that would otherwise make the cost an
undue hardship, the employer must permit such payment.
EXAMPLE: If the cost of an assistive device is $2,000, and an employer demonstrates
that spending more than $1,500 would be an undue hardship, the individual with a
disability should be offered the option of paying the additional $500. Or, if it would be an
undue hardship for an employer to purchase Brailling equipment for a blind applicant,
the applicant should be offered the option of providing his own equipment (if there is no
other effective accommodation that would not impose an undue hardship).
Even though a certain accommodation is not expensive, it could be an "undue hardship"
if it would fundamentally alter the workplace.
EXAMPLE: An applicant seeks a position as a clerk typist in a small one-person
program coordinating social workers who are in and out all day. The applicant is Deaf.
The essential functions of the job are answering incoming phone calls, relaying
messages to the social workers on the road regarding their appointments, and typing
routine documents. The applicant requests an interpreter to answer the phone. The
request could be considered unreasonable since it would require a fundamental
alteration of the nature of the work. In this instance, the assistant (interpreter) would be
performing the job for the Deaf individual rather than assisting the individual to perform
the job.
EXAMPLE: An employee with a disability requests that the thermostat in the workplace
be raised to a certain level to accommodate her disability. If this level would make it
uncomfortably hot for other employees or customers this request would probably be
unreasonable. However, if there was an alternative accommodation such as providing a
space heater or placing the employee in a room with a separate thermostat this
accommodation would not be an "undue hardship."
Any accommodation that would pose a significant health or safety risk to the employee
or to anyone else is an unreasonable accommodation.
EXAMPLE: Assigning an employee to a job that has as an essential function operating
a machine for which the individual is not qualified would be dangerous and
unreasonable. The employer is not required to eliminate an essential job function
because an employee is unable to operate that equipment safely.
The employer is not required to make an accommodation simply because technology is
available.
EXAMPLE: Purchasing a mechanical desk to assist an employee who has problems
opening desk drawers would be unreasonable if other devices such as levers or a
handle were equally effective.
Chapter 3, page 5
The employer is not required to make an entire existing facility barrier-free if a work
location can be changed to accommodate an employee with a disability in all areas
where access is required.
In determining whether an accommodation would cause an "undue hardship," the
employer may consider the impact of the accommodation on the ability of other
employees to do their jobs. However, the employer may not claim "undue hardship"
solely because providing an accommodation has a negative impact on the morale of
other employees.
EXAMPLE: If an employee objects to working with an individual who has a disability
because the employee feels uncomfortable due to a person's facial disfigurement or
appearance due to Down Syndrome or possible seizure or difficulty speaking, this would
not constitute an undue hardship.
If restructuring a job to accommodate an individual with a disability creates a heavier
workload for other employees, this may constitute an "undue hardship." But if other
employees complain because an individual with a disability is allowed to take allowable
unpaid leave (such as Family Medical Leave for oneself) or to have a special flexible
work schedule as a reasonable accommodation, such complaints or other negative
reactions would not constitute an "undue hardship."
Problems of employee morale and employee negative attitudes should be addressed
through appropriate consultations with supervisors and, where relevant, with union
representatives. The employer also may wish to provide employees with "awareness"
training, to help overcome fears and misconceptions about disabilities, and to inform
them of the State's obligations under the ADA. The terms of a collective bargaining
agreement may be relevant in determining whether an accommodation would impose
an undue hardship.
EXAMPLE: A worker who has a deteriorated disc condition and cannot perform the
heavy labor functions of a machinist job, requests reassignment to a vacant clerk's job
as a reasonable accommodation. If such a movement would be a promotion, and since
bargaining unit provisions give priority to employees within the bargaining unit, placing
the employee in the clerk position might constitute an undue hardship.
However, since both the State of Hawai'i and the union are covered by the ADA's
requirements, including the duty to provide a reasonable accommodation, the employer
should consult with the union and try to work out an acceptable accommodation.
Chapter 3, page 6
4.0 Types of Reasonable Accommodation
There are as many types of reasonable accommodation as there are persons with
disabilities. Every accommodation requires an individual assessment. This chapter
describes some examples of accommodations.
4.1 Job restructuring
Job restructuring or job modification is a form of reasonable accommodation that
enables many qualified individuals with disabilities to perform jobs effectively. Job
restructuring as a reasonable accommodation may involve reallocating or redistributing
the marginal functions of a job.
The employer is not required to reallocate essential functions of a job as a reasonable
accommodation. Essential functions, by definition, are those that a qualified individual
must perform, with or without accommodation.
EXAMPLE: Inspection of identification cards is generally an essential function of a
security officer. If a person with a visual impairment could not verify the identification of
an individual using the photo and other information on the card, it would not be
reasonable to transfer this function to another employee.
Job restructuring frequently is accomplished by exchanging marginal functions of a job
that cannot be performed by a person with a disability for marginal job functions
performed by one or more other employees.
EXAMPLE: An office has two data processing clerks. Typing on the computer is an
essential function. Using the phone is a marginal function. If a qualified data processing
clerk had a speech impairment, it would be reasonable to assign the function of using
the phone to the employee without a speech impairment in exchange for doing that
employee's filing.
Although the employer is not required to reallocate essential job functions, it may be a
reasonable accommodation to change when or how the essential functions are done.
These include:
Reassign work at the existing site among co-workers.
EXAMPLE: If a secretary had a vision impairment that prevented the secretary from
typing in small spaces on forms, whenever such forms needed to be prepared, they
might be assigned to another secretary without a vision impairment. In exchange, the
secretary with a disability could assume one of the colleague's duties, such as filing.
Eliminate non-essential tasks.
EXAMPLE: If a part of the job is not necessary, it could be eliminated entirely. A mail
clerk, rather than traveling to the post office in the early morning, might be allowed to
wait for regular mail delivery.
Chapter 4, page 1
Reassign visits to accessible sites.
EXAMPLE: If a program has two repairpersons who go into the field, a repairperson
who uses a wheelchair could service the accessible sites, while the repairperson
without a disability could service the other sites, assuming that an equal workload could
be arranged.
Allow work in other than the traditional office setting.
EXAMPLE: A surveyor can make calls on a designated line from home instead of
having to come regularly to an inaccessible office to make those calls.
4.2 Modified work schedules and flexible leave policies
Modification of a regular work schedule or a flexible leave policy may be a reasonable
accommodation unless it would cause an undue hardship. Modified work schedules
may include flexibility in work hours or the workweek, or part-time work, based upon the
nature of the program.
People whose disabilities may need modified work schedules include individuals:
Who require special medical treatment for their disability (such as cancer
patients, people who have AIDS, or people with mental illness),
Who need rest periods (including some people who have multiple sclerosis,
cancer, diabetes, respiratory conditions, or mental illness),
Whose disabilities (such as diabetes) are affected by eating or sleeping
schedules, or
With mobility and other impairments who find it difficult to use public
transportation during peak hours, or who must depend upon special paratransit
schedules.
Flexible leave policies should be considered as a reasonable accommodation when
people with disabilities require time off from work because of their disability. The
employer is not required to provide additional paid leave as an accommodation, but
should consider allowing use of accrued leave or leave without pay, where this will not
cause an undue hardship.
People with disabilities may require a modified work schedule or flexible leave for a
number of reasons related to their disability, such as:
Medical treatment related to the disability;
Repair of a prosthesis or equipment;
Chapter 4, page 2
Temporary adverse conditions in the work environment (for example, an air
conditioning breakdown causing temperature above 85 degrees could seriously
harm the condition of a person with multiple sclerosis); or
Training in the use of an assistive device or a guide dog. (However, if an
assistive device is used at work and provided as a reasonable accommodation,
and if other employees receive training during work hours, then the employee
with a disability should receive training on this device during work hours, without
the need to take leave.)
Many people with disabilities are fully qualified to perform jobs with the accommodation
of a modified work schedule. Some people are unable to work a standard 7:45 a.m. to
4:30 p.m. workday, or a standard Monday to Friday workweek. Depending on the nature
of the work assignment and operational requirements, modifications to work schedules
and hours may be a reasonable accommodation as long as it does not result in an
undue hardship. The employer should consult the human resource officer for any
possible labor relation impact when considering such modifications.
EXAMPLE: An employee who needs kidney dialysis treatment is unable to work on two
days because treatment is only available during work hours on weekdays. Depending
on the nature of the work and the nature of the work operation, it may be possible,
without causing an undue hardship, for the employee to perform work assignments at
home on the weekend or to work three days a week as a part-time employee.
4.3 Modification or purchase of equipment and devices
Purchase of equipment or modifications to existing equipment may be effective
accommodations for people with many types of disabilities.
There are many devices that make it possible for people to overcome existing barriers
to performing functions of a job. These devices range from very simple solutions, such
as an elastic band that can enable a person with cerebral palsy to hold a pencil and
write, to "high-tech" electronic equipment that can be operated with eye or head
movements by people who cannot use their hands.
Types of equipment and devices that may be appropriate include:
Teletypewriters (TTYs) or videophones enable people with hearing and/or
speech impairments to communicate over the telephone;
Telephone amplifiers for people who are hard of hearing;
Special software for computers and other equipment to enlarge print or convert
print documents to voice output for people with vision and/or reading disabilities;
Tactile markings on equipment in Braille or raised print for people with visual
impairments;
Chapter 4, page 3
Telephone headsets and adaptive light switches for people with cerebral palsy or
other manual disabilities;
Talking calculators for people with visual or reading disabilities;
Speaker phones or headsets for people who are amputees or have other mobility
impairments;
A comfortable, supportive desk chair for a secretary with a bad back;
A desk that has been raised by blocks for an employee who uses a wheelchair;
A Kurzweil reading machine, a computerized device which converts all types of
printed material into synthetic spoken English speech at approximately 150
words per minute for a person with a visual impairment. Users can read a variety
of printed materials once they learn to understand the synthetic voice;
Modified equipment controls for hand or foot operation for a person with limited
hand or foot control;
Keyboard hand rest and a finger guide mounted on typewriters or keypunch
keyboards to keep persons with motor control disabilities to prevent striking keys
in error;
Armrest attachments on typewriters for persons who have finger control but
paralyzed arm muscles;
Typewriter brackets that hold a continuous roll of paper, plus a tear-off blade for
the typist who has difficulty inserting separate sheets of paper;
Clipboards for employees with one arm;
Marking pens that permit persons with visual impairments to write oversized
letters;
Magnifiers for those with limited vision;
Buzzers to replace warning lights for employees who are blind;
Speakerphones or headsets for those who have difficulty holding the phone;
An electronic video visual aid, which has a tiny electric eye camera that scans a
page of print and sends a signal which eventually forms identical raised letters
and numbers which can be felt by a person who is blind; or
A Braille typewriter or Braille writer for a employee who is blind.
There are also many ways to modify standard equipment so as to enable people with
different functional limitations to perform jobs effectively and safely.
Chapter 4, page 4
The employer is only obligated to provide equipment that is needed to perform a job;
there is no obligation to provide equipment that the individual uses regularly in daily life,
such as glasses, a hearing aid or a wheelchair. However, as previously stated, the
employer may be obligated to provide items of this nature if special adaptations are
required to perform a job.
EXAMPLE: An employee with a mobility impairment owns and uses a manual
wheelchair. However, if the employee's job requires movement between buildings that
are widely separated and the employee's mobility impairment prevents operation of a
wheelchair manually for that distance, or if heavy, deep-pile carpeting prevents
operation of a manual wheelchair, then it may be a reasonable accommodation to
provide an employee with a motorized wheelchair or scooter for use at the workplace.
4.4 Reassignment to a vacant position
In general, reassignment should be considered only when an accommodation is not
possible in an employee's present job, or when an accommodation in the employee's
present job would cause an undue hardship. Reassignment also may be a reasonable
accommodation if both employer and employee agree that this is more appropriate than
accommodation in the present job.
Reassignment is only required for current employees, not prospective employees. An
employer is not required to consider a different position for a job applicant who is not
able to perform the essential functions of the position, with or without reasonable
accommodation.
Reassignment may be an appropriate accommodation when an employee acquires a
disability, when a disability becomes more severe, or when changes or technological
developments in equipment affect the job performance of an employee with a disability.
If there is no accommodation that will enable the person to perform the present job, or if
it would be an undue hardship for the employer to provide such accommodation,
reassignment may be considered.
Reassignment may not be used to limit, segregate, or otherwise discriminate against an
employee with a disability. The employer may not reassign people with disabilities only
to certain undesirable positions, or only to certain offices, or facilities.
Reassignment should be made to a position equivalent to the one presently held in
terms of pay and other job status, if the individual is qualified for the new position and if
such a position is vacant or will be vacant within a reasonable amount of time. A
"reasonable amount of time" should be determined on a case-by-case basis,
considering relevant factors such as the types of jobs for which the employee with a
disability would be qualified; the frequency with which such jobs become available; the
employer's general policies regarding reassignments of employees; and any specific
policies regarding sick or injured employees.
Chapter 4, page 5
The employer may reassign an individual to a lower graded position if there are no
accommodations that would enable the employee to remain in the current position and
there are no positions vacant or soon to be vacant for which the employee is qualified
(with or without an accommodation). In such a situation, the employee does not have to
maintain the individual's salary at the level of the higher graded position, unless the
employer does so for other employees who are reassigned to lower graded positions.
(Note: Collective bargaining agreements, including those for public employees, may
address compensation adjustments when an employee is reassigned to another
position due to disability. These must be adhered to if they contain requirements not
covered in the ADA.)
The employer is not required to create a new job or to bump another employee from a
job in order to provide reassignment as a reasonable accommodation. Nor is the
employer required to promote an individual with a disability to make such an
accommodation.
EXAMPLE: If there is no vacant position available at the time that an individual with a
disability requires a reassignment, but the employer knows that an equivalent position
for which this person is qualified will become vacant within one or two weeks, the
employer should reassign the individual to the position when it becomes available.
4.5 Modifications of exams, training materials, or policies
Modifications or adjustments in the way that tests and training are administered or
revisions to other employment policies and practices may also be required as
reasonable accommodations in order to provide equal employment opportunities for
qualified individuals with disabilities.
4.5.1 Tests and examinations. Accommodations may be needed to assure that tests
or examinations measure the actual ability of an individual to perform job functions,
rather than reflecting limitations caused by the disability. Tests should be given to
people who have sensory, speaking, or manual impairments in a format that does not
require the use of the impaired skills unless that is the job-related skill the test is
designed to measure.
EXAMPLE: An applicant for a job has dyslexia, a learning disability, that causes
difficulty in reading. The applicant should be given an oral rather than a written test,
unless reading is an essential function of the job. Or, the individual might be allowed
more time to take a test, unless the test is designed to measure speed required on a
job.
The employer is only required to provide a reasonable accommodation for a test if the
individual with a disability requests an accommodation. However, the employer has an
obligation to inform job applicants in advance that a test will be given, so that an
individual who needs an accommodation can make a request.
Chapter 4, page 6
4.5.2 Training. Reasonable accommodation should be provided, when needed, to give
employees with disabilities equal opportunity to benefit from training to perform their
jobs effectively and to advance in employment. Needed accommodations may include
providing:
Accessible training sites;
Training materials in alternate formats to accommodate a disability; or
Sign Language interpreters.
EXAMPLE: An individual with a visual disability may need training materials on tape, in
large print, or on a computer diskette.
EXAMPLE: An individual in a wheelchair may need an accessible site, including a
restroom for an eight-hour workday.
4.5.3 Modifications to policies. Modifications to policies and procedures other than
those previously mentioned may include:
Modification of a workplace policy prohibiting animals in the workplace to
allow a person with a disability to be accompanied by a service animal.
Modification of an emergency evacuation procedure to provide effective
egress for employees with mobility disabilities in case of emergency.
Provision of accessible parking for an employee with a qualified parking
permit designated for persons with disabilities.
4.6 Modification of physical site (building and facility)
Employment activities must take place in an integrated setting. Employees with
disabilities may not be segregated into particular facilities or parts of facilities. This
means that architectural barriers might have to be removed or altered to provide
structural accessibility to the workplace. However, the employer is not required to make
structural modifications that are unreasonable and would impose an undue hardship.
In existing structures, structural modifications are necessary to the extent that they will
allow an employee with a disability to perform the essential functions of the job including
access to work stations, and normal support facilities such as bathrooms, water
fountains, and lunchrooms.
ATTACHMENT 4-A provides a list of some of the structural problems that persons with
disabilities might face with the built environment.
Chapter 7, Section 7.2, provides information on how to request a modification of the
employer's physical premises.
Chapter 4, page 7
Non-structural changes are allowed instead of structural changes if they achieve the
same result:
EXAMPLE: A training is provided in a location without an accessible restroom. Rather
than modify the restroom, the training can be moved to an accessible location that
includes an accessible restroom.
EXAMPLE: A water fountain is too high for a person in a wheelchair to use. Rather than
lower the drinking fountain, cup dispensers are installed. The dispenser must be kept
filled with cups on a continuous basis to be considered accessible.
4.7 Provision of readers, communication access providers, or personal assistants
4.7.1 Provision of qualified readers. It may be a reasonable accommodation to
provide a reader for a qualified individual with a disability, if this would not impose an
undue hardship.
In some job situations a reader may be the most effective and efficient accommodation,
but in other situations equipment may enable an individual with a visual disability to
perform job tasks just as effectively.
Providing a reader does not mean that it is necessary to hire a full-time employee for
this service. Few jobs require an individual to spend all day reading. A reader may be a
part-time employee or full-time employee who performs other duties. However, a reader
for a visually impaired employee must read well enough to enable the individual to
perform his or her job effectively. It would not be a reasonable accommodation to
provide a reader with poor reading skills that hinder the job performance of the
individual with a disability.
EXAMPLE: A social worker who is blind requests a reader for paperwork, interviews,
and report generation. A reader could be provided for several hours a day in addition to
the acquisition of a computer with spell-checker and voice output. If reading materials
consists of court papers for child abuse cases, then a reader's vocabulary and reading
level should be commensurate with the documents to be read.
4.7.2 Provision of qualified communication access providers. Communication
access providers (i.e., a Sign Language interpreter, computer assisted notetaker or real
time captioner) on an "as needed" basis may be a reasonable accommodation for a
person who is Deaf, if this does not impose an undue hardship.
A person who is Deaf or hard of hearing should be able to communicate effectively with
others as required by the duties of the job. Identifying the needs of the individual in
relation to specific job tasks will determine
Chapter 4, page 8
whether or when an interpreter may be needed. The financial and administrative
resources available to the employer would be considered in determining whether it
would be an undue hardship to provide such an accommodation.
EXAMPLE: A Deaf person applies for a job as a clerk typist. It may be necessary to
obtain a qualified interpreter for a job interview, because the applicant and interviewer
must communicate fully and effectively to evaluate whether the applicant is qualified to
do the job. Once hired, however, if the individual is doing clerical work, computer
applications, or other job tasks that do not require much verbal communication, an
interpreter may only be needed occasionally. Interpretation may be necessary for
training situations, staff meetings or any employee party, so that this person can fully
participate in these functions. Communication on the job may be handled through
different means, depending on the situation, such as written notes, "signing" by other
employees who have received basic Sign Language training, or by typing on a
computer or typewriter.
4.7.3 Provision of personal assistants. Providing a personal assistant on an "as
needed" basis may be a reasonable accommodation for a person with a mobility
impairment, if this does not impose an undue hardship.
EXAMPLE: An assistant may be needed to retrieve items on shelves, file, or selectively
assist a person with quadriplegia with other clerical duties. The assistant would not be
required for toileting, dressing, or feeding, but rather only for work related tasks.
EXAMPLE: An assistant may be needed to guide a blind person who must travel as part
of the job.
Chapter 7, Section 7.3, provides additional information on providing readers,
interpreters, or personal assistants within the State system. Position descriptions are
provided to outline the types of duties someone may provide if such positions existed or
were to be created.
4.8 Other accommodations
There are many other accommodations that may be effective for people with different
disabilities in various jobs. Some other accommodations that may be appropriate
include:
EXAMPLE: An employee makes sporadic site visits to a home for inspection. Mileage is
paid as part of one's job. Instead, an employee who doesn't drive may be allowed to use
paratransit or a taxicab instead of a personal car.
EXAMPLE: A person with a developmental or intellectual disability is hired for a
maintenance position. The employer is offered the use of a job coach for individualized
on-the-job training and services.
Chapter 4, page 9
ATTACHMENT 4-A
CHART OF POSSIBLE STRUCTURAL PROBLEMS
Disability
Possible Access Problem Areas
Possible Responses
Blind and Visually
Impaired
(includes not only
those persons who
are blind, but also
those with limited
vision)
Path of travel
Displays of information
Controls with written directions
Elevator operating buttons
Completion of written forms
Label in Braille
Provide Readers
Respond to
questions orally
Air radio
announcements
Use writing,
drawing, optical aids
(e.g., magnifiers)
Deaf and Hearing
Impaired
(includes not only
those persons who
are deaf, but also
those with limited or
partial hearing)
Information obtained through:
o telephones
o warning devices (e.g.,
fire alarms, public
address systems)
o equipment operating
noises
Use amplification
devices
Install a TTY or
videophone
Use an interpreter
Publish written
announcements
Allow mail-in
procedures to be
used
Accommodate
lipreaders
Use visual cues for
signage
Mentally Impaired
Difficulty understanding
o signs
o controls
o operating instructions
o directions
Use visual cues for
signage
Allow someone to
assist and/or
answer questions
and provide
directions
Difficulty with Upper
Body Movement
(includes those
persons who have
limited use of arms or
shoulders; persons
who are in
wheelchairs or on
crutches; people of
Difficulty operating (or locating
or reaching) certain hardware-
hand controls on doors
o hand controls on doors
o toilet room fixtures
o water fountains
o telephones
o vending machines
o light fixtures
Relocate a program
or service to
accessible area
Use adaptive
equipment or modify
hardware
short stature; those
who cannot perform
certain hand
movements or have
difficulty controlling
movement)
Mobility Impairments
(includes those
persons having
breathing difficulties or
stamina limitations, as
well as those in
wheelchairs and on
crutches)
No grab bars, handrails, other
supports
No designated parking spaces
Distances from parking, public
transit stops
Route of travel
o outside: curbs. walks,
unlevel surfaces
o inside: unlevel
surfaces, carpeting,
textured tile
Entrances and doors
Restrooms, telephones, water
fountains
Location ot controls, general
purpose hardware
Replace existing
hardware,
equipment
Make necessary
structural changes
to eliminate barriers
Chapter 4, Page 10
5.0 The Reasonable Accommodation Process
5.1 Employee identification of needs and request for reasonable accommodation
The employer, as the hiring authority, is obligated to make an accommodation only to
the known limitations of an otherwise qualified individual with a disability. In general, it is
the responsibility of the applicant or employee with a disability to inform the employer
that an accommodation is needed to participate in the application process, to perform
the essential job functions, or to receive equal benefits and privileges of employment.
The employer is not required to provide an accommodation if the employer is unaware
of the need or is not voluntarily informed about a person's disability.
Therefore, every assurance should be made to inform employees or applicants of the
State of Hawai'i policy to provide reasonable accommodation for individuals with
disabilities and provide a mechanism for such individuals to identify their disability, the
functional limitation resulting from their disability, and the nature of the accommodation
being requested.
An applicant or employee does not have to specifically request a "reasonable
accommodation," but must only let the employer know that some adjustment or change
is needed to do a job because of the limitations caused by a disability. Form RA-1
(ATTACHMENT 5-A) has been prepared as a standard form for Departments to use in
assisting the individual requesting an accommodation. While such form is not required
in order to provide an accommodation, its use will facilitate the decision-making process
internal to the program. In addition, the form will be acknowledged by the Department of
Accounting and General Services and the Department of Budget and Finance, as
appropriate, as supporting documentation when a request for reasonable
accommodation involves processing a purchase order or an adjustment in the budget.
If an applicant or employee has a "hidden disability," one that is not obvious, it is up to
that individual to make the need for an accommodation known. If an applicant or
employee has a known or visible disability that appears to limit, interfere with, or prevent
the individual from performing job-related functions, the employer may ask the applicant
to describe or demonstrate how the employee would perform the function with or
without an accommodation. If an employee with a known disability is not performing well
or is having difficulty in performing a job, the employer should assess whether this is
due to a disability. The employer may inquire at any time whether the employee needs
an accommodation.
5.2 Medical documentation for reasonable accommodation request
If the individual's need for accommodation is not apparent, the employer may request
documentation of those functional limitations for which the accommodation is being
requested. Before consulting with the physician, it is necessary to obtain the individual's
written consent for the release of medical information to your organization. Forms RA-2
and RA-3 (ATTACHMENT 5-B) have been prepared for Departments to use for this
purpose. You are not restricted to using this form; Departments may adapt the form for
their
Chapter 5, page 1
own use, if desired. It is also advised that you include a copy of the individual's position
description and a brief description with essential job functions specified of the particular
function that you are seeking to accommodate.
In addition to documenting the individual's functional limitations, the physician should be
able to provide the employer with information that will assist in identifying a potential
accommodation. However, the physician is not expected to determine effectiveness of
an accommodation; this is the responsibility of the employer. However, consultation with
the individual's physician may provide some viable information as to how a limitation
can be accommodated.
The purpose of contacting a physician for medical documentation is to (1) verify that an
individual making a request for an accommodation is a person with a disability and (2)
to ascertain detailed information regarding the functional limitations of the individual as
they relate to the essential functions of the job. Information regarding an individual's
lifestyle or non-work accommodation is not relevant.
ATTACHMENT 5-C provides guidelines for consultation with a physician when seeking
medical documentation for reasonable accommodation requests. Each request should
be individualized to the person and the job in question.
The initial request may not result in as much information/assistance from the doctor as
desired. This process may involve multiple requests to the physician especially if job
reassignment is an option and various alternatives are considered.
5.3 Interactive process
Once an individual with a disability has requested provision of an accommodation, the
employer must make an effort to determine an appropriate accommodation and if it is
reasonable in light of the agency's operation or program. The appropriate reasonable
accommodation is best determined through a flexible, interactive process between the
employer and the individual with a disability.
In many instances, the appropriate reasonable accommodation may be so obvious that
it may not be necessary to proceed in a formalized fashion. However, in other
instances, neither the individual requesting the accommodation nor the employer can
readily identify the appropriate accommodation. Under such circumstances, it may be
necessary to implement a more defined problem-solving process, such as the one
described below, as part of an effort to identify the appropriate reasonable
accommodation.
Chapter 5, page 2
The following general process should be followed:
Step 1: Job Analysis. Analyze the actual job duties as specified in the position
description to determine the true duties and percent of time spent performing
actual duties. This is necessary to ascertain which job functions are the essential
functions that the employee with a disability must perform with or without
accommodation. The percentage of time assigned to various tasks is often, but
not always, used to determine essential functions. This assessment may also
identify marginal duties which can be reassigned to another individual without
compromising the core of the individual's work, or if other accommodations may
enable the employee with a disability to perform the essential functions. The
Departmental Personnel Office may be a valuable resource in determining
essential job functions. Strategies for determining the essential job functions are
included in ATTACHMENT 5-D.
Step 2: Consultation with the Employee with a Disability. Consult the
employee with a disability to determine the precise job-related limitations
imposed by the employee's disability, which, in turn, will make it possible to
determine the accommodations that could alleviate or remove the precise
barriers. The employee, having lived with a disability, may have good
suggestions or practical solutions to offer for overcoming the barrier. This
assessment will also ensure that the appointing authority only provide
accommodations that are the result of an individual's disability. It is not the
employer's responsibility to provide accommodations to an individual with a
disability if those accommodations will not compensate for impairment affecting
the employee's employment.
Step 3: Identification of Potential Accommodations. In consultation with the
individual to be accommodated, potential accommodations should be identified to
assess the effectiveness each would have in enabling the individual to perform
the essential functions of the position. If this consultation with the employee with
a disability does not reveal a solution, several other sources of information are
available:
The Department EEO/AA Officer
State Disability and Communication Access Board
Vocational Rehabilitation and Services for the Blind Division
Department of Human Services
Job Accommodation Network (JAN)
A description of each of the above offices with corresponding addresses and the type of
technical assistance available is included as ATTACHMENT 5-E.
Chapter 5, page 3
Step 4: Selection of the Accommodation. Once potential accommodations
have been identified, the employer should assess the effectiveness of each
potential accommodation in assisting the individual in need of the
accommodation in the performance of the essential functions of the position. If
more than one of these accommodations will enable the individual to perform the
essential functions or if the individual would prefer to provide the
accommodation, the preference of the individual should be given primary
consideration. It should be noted that the employer is encouraged, but not
obligated, to select the preference of the employee. The hiring authority providing
the accommodation has the ultimate discretion to choose between effective
accommodations, and may choose a less expensive accommodation or the
accommodation that is easier to provide or the accommodation that is less
disruptive on the overall operations of the program.
ATTACHMENTS 5-F and 5-G provide a chart and an illustration of this process.
An individual with a disability is not required to accept an accommodation if the
individual has not requested an accommodation and does not believe that one is
needed. However, if the individual refuses an accommodation necessary to perform
essential job functions, and as a result cannot perform those functions, the individual
may not be considered qualified.
EXAMPLE: An individual with a visual impairment that restricts that person's field of
vision but who is able to read would not be required to accept a reader as an
accommodation. However, if this person could not read accurately unaided, and reading
is an essential function of the job, that person would not be qualified for the job if that
person refused an accommodation that would enable this individual to read accurately.
5.4 Responsibility of the appointing authority (Department and Program)
The immediate supervisor is often the key person in addressing and responding to
requests from employees for reasonable accommodations. However, it is sound
practice for higher-level managers and/or Departmental Personnel offices to be
apprised of situations that may be difficult to address or may require their intervention.
Departments need to determine and communicate to managers and subordinate
supervisors the role they are to play in this process. Throughout the process, the
employee's privacy rights and the confidentiality of their medical information, must be
preserved.
Although the State Disability and Communication Access Board and the Vocational
Rehabilitation and Services for the Blind Division can be accessed to provide options for
accommodations or creative solutions, the final decision to provide or not provide an
accommodation, to hire or not to hire, or to take any specific employment action is the
responsibility of the appointing authority and its Department.
Chapter 5, page 4
ATTACHMENT 5-A (FRONT)
REQUEST FOR ACCOMMODATION (Confidential)
DEPARTMENT OF________________________________
Date of Request ____________________
Please Check One: I am an ___ Applicant ___ Employe
Requester's Name:
_____________________________________________________________
Class of Work or Position Title and Level:
___________________________________________
Division/Section/Unit:
___________________________________________________________
Worksite Address: ________________________ Worksite/Day Phone:
_________________
APPLICATION
(Application to be completed by employee/applicant)
1. I am requesting the following accommodation(s):
_________________________________
______________________________________________________________________
___
2. It is necessary for me to have this accommodation for the following reasons:
____________
______________________________________________________________________
___
______________________________________________________________________
___
Requester's Signature _____________________________________ Date
_________________
***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ******
DETERMINATION
Your request of ________________ for an accommodation has been:
___ Approved ACCOMMODATION(S) PROVIDED:
______________________________
___ Disapproved REASON(S) DENIED:
______________________________________
______________________________________________________________________
_
If you disagree with my determination, you may present additional information to me
within ten (10) business days of the date that this determination is made to further
substantiate your request. Please call me at ___________________ to discuss the
above decision. (Telephone/ext.)
Appointing Authority's ________________________________Signature Date
____________________
RA-1
06/04
Chapter 5, page 5
ATTACHMENT 5-A (BACK)
General Instructions
This form is meant to simplify the processing and recording of requests for
accommodations. Requests for reasonable accommodation are confidential.
REQUEST FOR ACCOMMODATION form (optional)
General Information: To be completed by employee or applicant making request.
Department of: Enter the name of the department this request is made at.
Date of Request: Enter the date this application for request is made.
I am an: Check only one. Employee includes new appointee or applicant which has
accepted an offer of employment.
Requester's Name: Self explanatory. Enter the name the requester is using for
employment with the State
Class of Work or Position Title and Level: If an employee enter information on
position held else if an applicant enter information on the position you are applying for.
Division/Section/Unit: Enter only if employee of the State.
Worksite Address: Enter only if employee of the State.
Worksite/Day Phone: If an employee enters worksite phone number else applicant
enter phone number we can contact you during the day.
Application: To be completed by employee or applicant making request.
1. Requesting accommodation(s): Describe what requester believes is needed.
2. Reasons: Describe the disability and functional limitations that make this request
necessary. Requester's Signature: Self explanatory.
Date: Enter the date application is signed.
Determination: To be completed by the Appointing Authority of the Department
receiving the request.
Date of Request: Enter date of signature.
Approved/Disapproved: Check one only.
Accommodations provided: If approved, enter accommodation to be provided.
Reason(s) Denied: Enter reasons request denied. Be specific.
Telephone/ext.: Enter appointing authority's voice and TTY phone number, as
appropriate.
Appointing Authority's Signature: Self explanatory. (Signature of supervisor or higher
level designee as specified by department head.)
Date: Enter date of appointing authority's signature of action.
FOR INTERNAL USE ONLY
Submit for internal action only if request is unreasonable or presents a hardship on the
employer.
FOR INTERNAL USE ONLY
Date Request Received: _______________________
Final
Decision:______________________________________________________________
___________
Action Taken: _____________________________________ Date of Final
Decision:_________________ Comments:
______________________________________________________________________
_____ Examiner/Supervisor's Name: _________________________ Date Notice Sent:
__________________
RA-1
04/12
Chapter 5, page 6
ATTACHMENT 5-B (FRONT)
REQUEST FOR RECONSIDERATION OF AN ACCOMMODATION
(Confidential)
DEPARTMENT OF________________________________
Date of Request ____________________
Please Check One:
I am an ___ Applicant ___ Employe
Requester's Name:
_____________________________________________________________
Class of Work or Position Title and Level:
___________________________________________
Division/Section/Unit:
___________________________________________________________
Worksite Address: ________________________ Worksite/Day Phone:
_________________
APPLICATION FOR REDETERMINATION
(Application to be completed by employee/applicant)
1. To substantiate my request for an accommodation, I am submitting the following
information for your reconsideration. Necessary documentation is attached.
_________________________________
______________________________________________________________________
_______
2. It is necessary for me to have this accommodation for the following reasons:
____________
______________________________________________________________________
___
______________________________________________________________________
___
Requester's Signature _____________________________________ Date
_________________
REDETERMINATION
Your request of ________________ for an accommodation has been:
Date of Request
___ Approved ACCOMMODATION(S) PROVIDED:
______________________________
___ Disapproved REASON(S) DENIED:
If you disagree with my final determination, you may an administrative review of this
decision by writing to the following office within ten (10) business days of my final
decision.
Name:
______________________________________________________________________
_____
Title: ___________________________________________ Business
Phone:____________________
Appointing Authority's ________________________________Signature Date
___________________
RA-2
04/12
Chapter 5, page 7
ATTACHMENT 5-B (BACK)
General Instructions
This form is meant to simplify the processing and recording of requests for
accommodations. Requests for reasonable accommodation are confidential.
REQUEST FOR RECONSIDERATION OF AN ACCOMMODATION form (optional)
General Information: To be completed by employee or applicant making request.
Department of: Enter the name of the department this request is made at.
Date of Request: Enter the date this application for request is made.
I am an: Check only one. Employee includes new appointee or applicant which has
accepted an offer of employment.
Requester's Name: Self explanatory. Enter the name the requester is using for
employment with the State.
Class of Work or Position Title and Level: If an employee enter information on
position held else if an applicant enter information on the position you are applying for.
Division/Section/Unit: Enter only if employee of the State.
Worksite Address: Enter only if employee of the State.
Worksite/Day Phone: If an employee enters worksite phone number else applicant
enter phone number we can contact you during the day.
Application For Reconsideration: To be completed by employee or applicant making
request.
1. Additional information for reconsideration: List new information submitted, other
data, documents, explanation that may be used to clarify request (e.g., past
accommodations, physician's reports, ability to supply personal devices, etc.). Attach all
documents listed.
Requester's Signature: Self explanatory.
Date: Enter the date reconsideration is signed.
Redetermination: To be completed by the Appointing Authority of the Department
receiving the request.
Date of Request: Enter date of signature.
Approved/Disapproved: Check one only.
Accommodations provided: If approved, enter accommodation to be provided.
Reason(s) Denied: Enter reasons request denied. Be specific.
Telephone/ext.: Enter appointing authority's voice and TTY phone number, as
appropriate.
Appointing Authority's Signature: Self explanatory. (Signature of supervisor or higher
level designee as specified by department head.)
Date: Enter date of appointing authority's signature of action.
FOR INTERNAL USE ONLY
Submit for internal action only if request is unreasonable or presents a hardship on the
employer.
FOR INTERNAL USE ONLY
Date Request Received: _______________________
Final
Decision:______________________________________________________________
______
Action Taken: _____________________________________ Date of Final
Decision:_________________ Comments:
______________________________________________
Examiner/Supervisor's Name: _________________________ Date Notice Sent:
_________________
RA-2
04/12
Chapter 5, page 8
ATTACHMENT 5-B
State of Hawaii
Department of ______________________________
EMPLOYEE AUTHORIZATION FOR RELEASE OF INFORMATION
I hereby request and authorize __________________________________________
(Physician's Name) ______________________________________________
(Physician's Address) ____________________________________________
(Physician's Phone Number) ______________________________________
to release and send to the Department of _________________________________
the following information: ____________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
which you may have or may receive about me. I understand this information is to help
determine the extent of my disability, its effect on work activities, and any need for
reasonable accommodation to enable me to perform my job in the workplace. I have
read the above and fully understand its contents in entirety and am satisfied with the
reason and purpose for which my permission is given.
My consent is valid for 180 days or shall terminate on _________________________,
and may be revoked by me at any time except for action already taken.
Employee's Name (Print)_______________________________________________
Employee's Signature ___________________________________Date____________
RA-3
04/12
Chapter 5, page 9
ATTACHMENT 5-C
MEDICAL DOCUMENTATION FOR REASONABLE ACCOMMODATION REQUESTS
General Guidelines for Medical Documentation Requests
If an employee requests an accommodation, and the need for the accommodation is not
obvious, the employer may ask for information. Specifically, the employer is entitled to
documentation about the disability and any functional limitations it causes.
The employer may ask for documentation describing the impairment; the nature;
severity and duration of the impairment; the activity or activities that the impairment
limits; and the extent to which the impairment limits the employee's ability to perform the
activity or activities.
Any medical documentation or examination conducted at the request of the employer
must be job-related and consistent with business necessity. A medical examination is a
procedure or test that seeks information about an individual's physical or mental
impairments or health.
An employer cannot request a complete medical record from a medical
professional because that record may contain information unrelated to the
specific disability at issue. If more than one disability exists, only information
about the one at issue may be requested.
A doctor or medical professional cannot tell the employer what is or is not a reasonable
accommodation, nor what is an undue hardship. This is the employer’s responsibility. A
doctor or medical professional can provide the employer with an assessment of the
condition and suggestions as to what might mitigate the limitations of the conditions.
Guidelines for Inquiries to a Physician or Medical Professional
Verification of disability status (nature of the physical or mental impairment of the
employee).
Impact of the impairment on a major life activity, including working.
Functional limitations associated with the impairment in relation to the essential
functions of the job (provide a copy of the position description).
Potential workplace accommodation that would allow the employee to complete
the essential job functions of his or her position.
Length of time the accommodation will be needed.
Employee's ability to meet certain health or safety requirements, e.g., perform
CPR (must specify what those requirements are).
Whether the employee poses a direct threat to self or others and, if yes, what
interventions might reduce the direct threat.
Impact of medications, if relevant to the request, including side effects of the
medication.
Chapter 5, Page 10
Helpful Hints when Making a Medical Inquiry
Keep your inquiries to accommodations relating to the job, not to other aspects of
the employee's personal life (e.g., reading the computer at work versus reading a
magazine at home) or non-relevant history (e.g., when a condition was first
contracted from an illness or injury).
Do not ask for verification of disability if the disability is obvious.
Do not ask for more verification of disability if the individual makes multiple
requests for accommodations, unless the employee claims that their condition
has changed or discloses another condition.
Only ask questions about a disability that an employee disclosed, even if another
condition is suspected, but not disclosed.
Do not ask about prognosis of a condition, as this may change, although you
may ask about duration of a condition to the extent that it will affect how long an
accommodation is to be provided.
Physicians may be best at verification of a disability but not as helpful with
accommodations or adjustments to the workforce, if not medically prescribed.
Utilize other professionals (therapists, rehabilitation counselors, etc.) for more
information on accommodation requests once you verify a person's condition.
Confidentiality and the Genetic Information and Notification Act
All rules relating to confidentiality of medical information apply to medical or health-
related information gathered from requests to a physician for a reasonable
accommodation request. To protect doctors and other health care professionals from
violating patient confidentiality, the Equal Employment Opportunity Commission (EEOC)
Guidance warns employers that they must obtain a release from the employee
permitting the health care worker to answer relevant questions. Confidentiality by the
employer must be maintained concerning any medical information received during the
documentation process.
An employer should make it clear that it is not requesting family medical history or
genetic information. Such a request would violate the Genetic Information
Nondiscrimination Act (GINA). However, if the employer inadvertently receives such
information, having previously provided a disclaimer will create a safe harbor under
GINA. The EEOC recommends the following language be included on any medical
request document:
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and
other entities covered by GINA Title II from requesting or requiring genetic information
of an individual or family member of the individual, except as specifically allowed by this
law. To comply with this law, we are asking that you not provide any genetic information
when responding to this request for medical information. "Genetic information," as
defined by GINA, includes an individual's family medical history, the results of an
individual's or family member"s genetic tests, the fact that an individual or an individual's
family member sought or received genetic services, and genetic information of a fetus
carried by an individual or an individual's family member or an embryo lawfully held by
an individual or family member receiving assistive reproductive services.
Chapter 5, page 11
ATTACHMENT 5-D
STRATEGIES FOR DETERMINING ESSENTIAL JOB FUNCTIONS
A key concept in the provision of reasonable accommodation is the determination of
which job duties are essential. The essential job functions are compared to the
functional capabilities of the workers to objectively determine:
1. if the individual is qulified for the specific job;
2. whether accommodations would be beneficial; and,
3. what specific types of accommodations should be considered.
Therefore, identifying the essential job functions is not only critical in providing a
reasonable accommodation but also critical in deciding whether or not the employer has
an obligation to provide the requested accommodation.
WHAT ARE ESSENTIAL FUNCTIONS?
The essential functions are job duties that:
The individual must be able to perform unaided or with the assistance of a
reasonable accommodation;
Are necessary to the operation of a program and the reason that the position
exists;
Could be so highly specialized and that it is performed by a limited number of
employees;
The employer deems to be essential and were documented in written job
descriptions prepared before advertising or interviewing;
Takes up a vast majority of the employee's work time; and
Are consistent with collective bargaining agreements and with work experience of
past incumbents and current incumbents similar positions.
HOW DO YOU DETERMINE ESSENTIAL JOB FUNCTIONS?
Conducting a job analysis provides a proven method for systematically establishing
each of the essential elements of a specific job. Analysis is conducted through direct
observation, discussions with employees, and careful review of the position description
to provide a comprehensive picture of the job.
There are two (2) aspects to the job analysis process: functional job requirements
and work environment factors.
(1) Functional Job Requirements
A task is a distinct identifiable work activity that constitutes one of the logical and
necessary steps to perform a job. Job requirements provide detailed information about:
How tasks are accomplished (methods, techniques, tools or equipment, utilized
by a worker to complete work tasks).
Chapter 5, page 12
(2) Work Environmental Factors
The nature of the environment is determined at the worksite and involves knowledge
about dimensions of furniture, equipment, workspace, clearance, etc. At some point,
other key locations such as bathrooms, employee parking, entrances, doorways,
elevators, stairways, and hallways should be examined to determine accessibility.
Once all the functional requirements of the job have been clearly identified along with
significant environmental factors, the job analysis process is complete. However, worker
qualifications must be made on the basis of the essential functions of the specific job in
relation to the functional capabilities of the individual with a disability.
Chapter 5, page 13
ATTACHMENT 5-E
SOURCES OF TECHNICAL ASSISTANCE
Disability and Communication Access Board
The Disability and Communication Access Board (DCAB) is administratively attached to
the Department of Health. DCAB can assist in the following areas: explaining the
requirements to provide reasonable accommodation under federal or state law,
providing general information on the availability of specific products which might resolve
a particular employment situation (by accessing information from a national database on
products or from literature files in the office), explaining how to secure the services of a
sign language interpreter, reader, notetaker, or personal assistant, and guidance on
appropriate fee schedules for such services on a consultant basis. DCAB's technical
assistance to employers on reasonable accommodation specific to an individual is
limited to state and county employees. The DCAB office is located at:
919 Ala Moana Blvd., #101
Honolulu, HI 96814 Phone: 586-8121 (Voice or TTY)
E-mail: [email protected]
Neighbor Islands can contact the DCAB office by calling toll free:
Big Island
974-4000, ext. 68121#
Kauai
274-3141, ext. 68121#
Maui
984-2400, ext. 68121#
Molokai and Lanai
1(800) 468-4644, ext. 68121#
State Vocational Rehabilitation and Services for the Blind Division
Department of Human Services
The State Vocational Rehabilitation and Services for the Blind Division within the
Department of Human Services is responsible for providing technical assistance and
information to various State Departments in addressing their responsibilities to
employees and applicants who are clients of vocational rehabilitation services.
Vocational Rehabilitation and Services for the Blind Division
600 Kapiolani Blvd., #301
Honolulu, HI 96813
Phone: 586-4944 (Voice or TTY)
Chapter 5, page 14
ATTACHMENT 5-E
Job Accommodation Network
The Job Accommodation Network (JAN) assists people with disabilities enhance their
employability by showing employers how to capitalize on the value and skills of
individuals with disabilities in the workplace by providing expert, and confidential
guidance on workplace accommodations and disability employment issues. JAN offers
practical solutions that benefit both employer and employee with suggestions about how
to accommodate an employee with a disability at little or no cost.
P.O. Box 6080
Morgantown, WV 26506-6080
Phone: (800) 526-7234 (V); (877) 781-9403 (TTY)
E-mail: http://askjan.org/JANonDemand.htm
Web site: http://askjan.org/index.html
Chapter 5, page 15
ATTACHMENT 5-F
AN EXAMPLE OF THE REASONABLE ACCOMMODATION PROCESS*
SCENARIO: A sack handler position requires an employee to pick up 50-pound sacks
and carry them from the loading dock to the storage room.
A sack handler impaired by a back injury requests a reasonable accommodation.
Step
Result
1. Job Analysis
Essential function for a sack handler is to move sacks from
loading dock to storage room, but not necessarily to physically
lift sacks.
2. Interactive
Process with the
Employee with a
Disability
Employer learns that employee can lift sacks to waist level,
but disability prevents employee from carrying them.
3. Identification of
Potential
Accommodations
Providing a dolly, hand truck or cart could enable employee to
transport sacks. Carts are not feasible, because company
does not own any and those available for purchase are the
wrong size. Dolly and hand trucks are available and effective.
4. Selection of the
Accommodation
Employee prefers dolly. Employer determines that dolly will
allow employee to move sacks, so is more efficient than hand
truck. Employer agrees to provide dolly as reasonable
accommodation.
* Taken from the appendix to the EEOC regulations.
Chapter 5, page 16
ATTACHMENT 5-G
Accommodations Decisions Chart
If a request for an accommodation is made, the following chart can assist the
supervisor in the decision-making process regarding provisions of the
accommodation.
Does the person
have a disability?
Is the person
"qualified"?
Is the accomodaton
"reasonable"?
The accommodation
A person with a
Persons with
disabilities who with
An accommodaton
would impose an
If the answer is
"yes," it means the
disability is one who:
1. has a mental
or physical
impairment
which
substantially
limits one or
more major life
activities;
2. has a record
of such an
impairment; or
3. is regarded as
having an
impairment.
If "yes" move to the
box to the right.
If "no" move to the
box below.
reasonable
accommodation can
perform the essential
functions of a job are
"qualified".
Can thhe person
perform the essential
functions of the
position?
If "yes" move to the
box to the right.
If "no" move to the
box below.
"undue hardship,"
and would therefore
not be "reasonable,"
if it:
1. would impose
an undue
cost; and/or
2. would
compromise
business
necessity.
If "yes" move to the
box to the right.
If "no" move to the
box below.
accommodation
requested is
reasonable and must
be provided.
If the answer is "no,"
the person does not
have a disability, then
the accommodation
need not be
provided.
If the answer is "no,"
the person is not
"qualified" then the
reasonable
accommodaton does
not need not be
provided.
If the answer is "no,"
the accommodation
is not reasonable
and need not be
provided.
Chapter 5, page 17
6.0 Paying for a Specific Accommodation
Some accommodations, such as equipment purchases or facility access, will cost
money.
6.1 Program and departmental responsibility
Funding for equipment and/or facility improvements to pay for specific accommodations
should be sought through the normal budget process. The provision of some
reasonable accommodations will require procedures unique to the State of Hawai'i as
an employer. These procedures are covered in Chapter 7.
Resources for equipment and/or facility improvements may be available through:
Normal budget process;
Internal Departmental savings; and
Programs of other Departments (Repair and Alteration/Repair and Maintenance
programs of the Department of Accounting and General Services; loan or
transfer of equipment from one agency to another).
Since resources are finite, improvements needed to provide specific accommodations
may require some creative pooling of funds from both within an agency as well as from
other agencies. An example may be the pooling of Repair and Maintenance funds from
the Department of Accounting and General Services and internal savings from the
requesting agency. Another example may be the pooling of funds during the fiscal year
end/start in order to resource the necessary changes.
Programs must exhaust their own budget; then program managers should consult with
their Department's Administrative Services Officer.
6.2 Helpful ideas
IF a person with a disability is a client of the Vocational Rehabilitation and
Services for the Blind Division of the State Department of Human Services or the
Veterans Administration of the federal government, then the payment of an
accommodation may be possible through those agencies.
It may be possible to lease a piece of equipment at a much lower cost with less
impact on a program's budget rather than purchase the item.
EXAMPLE: Rather than purchasing a teletypewriter (TTY) for the deaf for
between $200-$400 (2004 price range) or videophone it may be easier
and less costly to have a Deaf employee lease the equipment from the
phone company and reimburse the employee for the cost.
Chapter 6, page 1
It may be possible to borrow the equipment rather than leasing or purchasing an
item. A program should contact the Resources for Technical Assistance located
in the Vocational Rehabilitation and Services for the Blind Division as described
in ATTACHMENT 5-E for more information.
A person with a disability may wish to use his or her own equipment (e.g.,
computer) in the office so long as supplies are purchased and the equipment is
repaired, if broken. A Department's Administrative Services Office should be
contacted for possibilities for such payment.
If services involving personnel are needed (e.g., a reader assistant), a volunteer
may be utilized, if effective. A program may be able to afford reimbursement of a
volunteer's costs, such as mileage and parking
Chapter 6, page 2
7.0 State of Hawai'i Procedures for Providing a Specific Accommodation
The provision of some reasonable accommodations will require procedures unique to
the State of Hawai'i as an employer.
7.1 Requests for equipment or furniture
Requests for equipment or furniture include, but are not limited to: telephone or
telecommunications equipment and peripherals, computer equipment and peripherals,
and adapted or specialized equipment or furniture.
7.1.1 Requests for telephone or telecommunications equipment. A request for
specialized or adapted telephone equipment may include, but not be limited to: a
teletypewriter for the deaf (TTY), videophone, amplified handset, flashing alarms, or
hands-free headsets. All requests that impact the telephone system must be approved
by the Department of Budget and Finance-ICSD on a Telecom Request (TR) form.
Submit a TR request form indicating the desired change, indicate in the section
requiring a justification for the expenditure, that such request is "to provide reasonable
accommodation for an employee with a disability" and attach the approved Reasonable
Accommodation Form RA-1 to the TR form. Once approved, a purchase order may be
processed. An example of a request is included as ATTACHMENT 7-A.
7.1.2 Requests for computer equipment. Requests for computer equipment may
include, but are not limited to: voice output, mouse or joystick controls, head controls, or
Braille printers. The employer should follow normal computer request procedures, as
outlined by the Department of Budget and Finance. When the request for computer
equipment is the result of a request for reasonable accommodation, the justification
request should annotate that such request is "to provide reasonable accommodation for
an employee with a disability" and attach the approved Reasonable Accommodation
Form RA-1 to the T-205 form. Once approved, a purchase order may be processed or
payment made through pCard. An example of an approval request is included as
ATTACHMENT 7-B.
7.1.3 Requests for other furniture or equipment. Requests for furniture or equipment,
other than a phone or computer, include, but are not limited to: an adapted desk or
workstation, specialized chair, evacuation chair, mobility device for traveling, Braille
machine, large print typewriter, audio cassette machine, or infrared loops or other
amplification systems. The employer should follow normal equipment or furniture
acquisition procedure, including gathering all necessary approvals. When the requests
for furniture or equipment is the result of a request for reasonable accommodation, the
justification should annotate that such request is "to provide reasonable accommodation
for an employee with a disability" and attach the approved Reasonable Accommodation
Form RA-1 to the request. Once approved, a purchase order may be processed or
payment made through pCard.
Chapter 7, page 1
7.2 Request for modification of the physical premises
Requests for modification of the physical premises may include, but are not limited to:
installation of a ramp, change in door or control hardware, installation of tactile signage,
widening of doorways, installation of grab bars, and modification of restroom facilities.
7.2.1 Space in State-owned buildings. The Department of Accounting and General
Services (DAGS) manages many State-owned buildings. If the hiring authority wishes to
modify DAGS-controlled premises, notify DAGS Central Services Division, of the
request in writing, following normal Departmental procedures. No special form is
required. An example of a request is included as ATTACHMENT 7-C. In the request,
indicate that such request is "to provide reasonable accommodation to an employee
with a disability" and attach the approved Reasonable Accommodation Form RA-1 to
the request. The Central Services Division of DAGS shall make a determination if they
are able to do the work themselves. Minor building alterations can often be done by the
Central Services Division staff "in-house" or by contracting the work out to a private
contractor. If so, they will notify the employer and schedule the job. Depending on the
complexity of the job, architectural plans may or may not be required. If the work is
beyond the capability of "in-house" staff, Central Services shall refer the request to the
Public Works Division of DAGS to seek the services of a consultant. Plans and
specifications must be prepared either by in-house staff or private consultants. Based
upon the specific site, the nature and cost of the modification, a portion of the costs may
have to be borne by the agency.
NOTE: If a building is owned by the State but managed by another Department (Health,
University of Hawai'i, Labor and Industrial Relations, Transportation, Education, etc.)
then each Department will have its own procedures to request modification of its
buildings, facilities, or sites. All state and county buildings, facilities, or sites regardless
of management must have their construction plans reviewed by the Disability and
Communication Access Board, per Hawai'i Revised Statutes §103-50.
7.2.2 Space in leased, private buildings. State offices located in leased, private
buildings are not managed by any State agency. Therefore, modification of the physical
premises becomes a process of negotiation with the respective landlord. Convey the
request for the modification to the landlord. The request should be in writing for
appropriate documentation, especially if the request is denied. If the request is not
approved, contact DAGS Leasing Branch, in writing. The request shall include a copy of
the written request to the landlord and the approved RA-1 Form. No special form is
required. An example of a request is included as ATTACHMENT 7-D. DAGS Leasing
Branch shall subsequently continue
Chapter 7, page 2
negotiations with the landlord, which may include an amendment to the existing lease.
Based upon the specific lease, the nature and cost of the modification, a portion of the
costs may have to be borne by the agency.
7.2.3 Request for accessible parking. Employees who have a mobility disability and
who possess a "parking permit for persons with disabilities" issued by the County, have
priority for employee parking from the DAGS Parking Control Branch in lots under their
jurisdiction, per Administrative Rules under Title 3, Chapter 30. However, parking is
limited and the State is not required to displace an employee nor to exceed capacity
control in order to provide parking for a person with a disability. To request such
parking, notify DAGS Parking Control Branch, in a written request, through the
Department's Parking Coordinator. No special form is required. An example of a request
is included as ATTACHMENT 7-E. The request shall include an approved RA-1 Form
and a copy of the "parking placard designated for persons with disabilities" issued by
the County. DAGS will make every effort to find a parking space usable by the
individual, although such a parking space may not necessarily conform to the
requirements for accessible public parking, and will notify the Department of its
decision.
7.3 Requests for services involving personnel
Requests for services involving personnel include, but are not be limited to: a
communication access provider, a reader/notetaker, mobility aide, or personal assistant.
7.3.1 Requests for communication access providers. The function of a
communication access provider (i.e., Sign Language interpreter, computer assisted
notetaker, or real time captioner) is to provide effective communication between a Deaf
or hard of hearing person and a hearing person. A Deaf or hard of hearing individual
utilizes his or her preferred method of communication (i.e., American Sign Language,
English, or other variation) to bridge spoken and visual communication. The Deaf or
hard of hearing employee will request the type of communication access provider that
he or she prefers or feels the most comfortable using.
Every employee situation is distinct because every person with a disability (and in this
instance, a person who is Deaf or hard of hearing) will be in a unique job. While
recognizing that every accommodation must be individualized, ATTACHMENT 7-F is a
sample of a job description for a Sign Language interpreter. The sample is for a State
classified position, should the employer elect to utilize a State position to provide
interpreting services.
If the employer hires a communication access provider on a fee-for-service basis, the
Disability and Communication Access Board (DCAB) recommends using a fee schedule
as
Chapter 7, page 3
recommended, in Hawai'i Administrative Rules, Title 11, Chapter 218. Information on
the current recommended fee schedule and procedures for utilizing an interpreter can
be obtained by calling DCAB or visiting it's web site at www.hawaii.gov/health/dcab/ and
clicking on the communication access link.
7.3.2 Requests for readers, notetakers, or mobility aides. The function of a reader,
notetaker, or mobility aide is to provide visual interpretation or mobility guidance to a
person who is blind or visually impaired due to functional limitations of his or her sight.
Every employee situation is distinct because every person with a disability (and in this
instance, a person who is blind or has low vision) will be in a unique job. While
recognizing that every accommodation must be individualized, ATTACHMENT 7-G is a
sample of a job description for a reader assistant, notetaker, or mobility aide. The
sample is for a State classified position, should the employer elect to utilize a State
position to provide the services.
The employing agency may prefer to hire a person on a fee-for-service basis. There is
no State fee schedule for reader assistant or notetaker established in Administrative
Rules. Guidance on fee schedules is available by contacting the Disability and
Communication Access Board (see ATTACHMENT 5-E).
7.3.3 Requests for personal assistants. The function of a personal assistant is to
perform the physical functions for a person with a mobility impairment. Such assistance
might include taking dictation, assisting with typing, filing and retrieving items for a
person who is paralyzed or who has limited use of their arms or hands.
Every employee situation is distinct because every person with a disability (and in this
instance, a person who has a mobility limitation) will be in a unique job. While
recognizing that every accommodation must be individualized, ATTACHMENT 7-H is a
sample of a job description for a personal assistant. The sample is for a State classified
position, should the employer elect to utilize a State position to provide the services.
The employing agency may prefer to hire a person on a fee-for-service basis. There is
no State fee schedule for personal assistants established in Administrative Rules.
Guidance on fee schedules is available by contacting the Disability and Communication
Access Board (see ATTACHMENT 5-E).
7.3.4 Personnel options. There are several options that may be pursued to provide
reasonable accommodation in the form of personnel services. The options include using
current staff, bringing into the work environment a new person, or hiring a person on a
fee-for-service basis.
Chapter 7, page 4
There is no right or wrong option. Guidelines for programs when selecting among
personnel options for support services are included in ATTACHMENT 7-I. The options
and their advantages and disadvantages are described below:
7.3.4.1 Services to be performed by an existing employee. An existing employee in
the office may perform services by reallocating a portion of that person's time to assist
the employee with a disability. This option is often, but not always, used by allocating
clerical staff time to read, file, or otherwise assist an individual with a disability. This
option may involve setting aside a specified period of time daily to assist an employee
(e.g., one (1) hour in the morning and one (1) hour in the afternoon to read for an
employee who is blind) or by asking an employee to interrupt his or her work
periodically, as needed to assist an employee (e.g., retrieve items for an employee who
has quadriplegia).
The advantages to providing services by an existing employee are familiarity with the
program, knowledge of the substantive content of the materials involved, consistency,
speed of implementation, and the minimizing of additional paperwork to recruit a non-
program person. The disadvantages are the loss of that employee's time performing
their regular job function and the dependence on that employee to have a similar
vacation or leave schedule as the employee with a disability.
7.3.4.2 Services to be performed by a new hire. Hiring a new employee, either
through the civil service or exempt hire process, to perform services may be an option.
The latter process is usually the faster of the two options, although not always possible
in some programs. The option of hiring a new employee is used primarily when the
amount of time required from an existing employee would result in disruption on the
program due to that employee's inability to perform his or her own job function.
The advantage to providing services by hiring a new employee is not taking away from
an existing employee's work and minimizing the impact on current office staff. The
disadvantages are the slowness in paperwork to obtain such a position, and the
resultant problems of having potential downtime for the new employee when the
employee with a disability is on leave or having no work for the new employee if the
individual with a disability were to leave the position.
7.3.4.3 Services to be performed on a fee-for-service basis. Services may be
performed by hiring a person outside the office on a fee-for-service basis, rather than as
a State employee. This option is often used when the need for services is sporadic or
unpredictable, or can be
Chapter 7,page 5
performed interchangeably by various persons (e.g., Sign Language interpreter).
The advantages to providing services by hiring a person on a fee-for-service basis is the
flexibility in scheduling services and the ability to terminate services easily when they
are no longer needed or satisfactory to the person with a disability. The disadvantages
are finding persons who are willing to work on a freelance basis, since such work is
without state benefits (e.g., medical benefits), paying an hourly rate higher than that
which would be provided to a State employee for similar services, and verifying
independent contractor status per DAGS.
The fee schedule paid to an individual providing the above services is to be determined
by the hiring authority. However, the hiring authority should recognize that the above
position descriptions could be performed at various levels, from simple to complex.
Payment for services rendered should be adjusted according to the skill level of the
person providing the accommodation or assistance.
Communication access providers, reader assistants, personal assistants, or other
personnel when utilized on a fee-for-service basis, must be independent
businesspersons with a General Excise Tax license. ATTACHMENTS 7-J, 7-K, and 7-L
are sample purchase orders prepared by the hiring authority to pay for such services,
with a corresponding bill for services from the person providing the accommodation.
The hiring authority may use these samples to facilitate the purchase order payment
process.
Chapter 7, page 6
ATTACHMENT 7-A
Chapter 7, page 7
ATTACHMENT 7-A
Instructions for Completing TR Form 1
1. Date that the request is submitted.
2. Date service is requested to start.
3. Number the user agency assigns for its internal tracking.
4. Name, title, phone, fax and e-mail address of person responsible for request.
5. Department, Division, Branch of the agency submitting the request.
6. Complete only if the person is different from the requestor in item #4.
7. Fill name and address to which vendor bills should be sent to. This may or may
not coincide with existing billing.
8. Location where the service is to be installed.
9. Briefly describe the work being requested, i.e., a new B1 (Business Individual)
line, or phone system, etc.
10. Briefly describe the need for the request, i.e., personnel addition, improving
service, new program, etc.
11. Use only if vendor is not Hawaiian Telcom, otherwise leave blank.
12. Fill in department appropriation account or symbol from which funding for the
request will be obtained.
13. The estimated installation, other, and total costs associated with request.
14. Signature of Division Head (or official designee), title, phone, date.
15. Signature of department telecom coordinator upon concurrence, date of
signature, e-mail address, and phone number.
16. Signature of reviewer, date.
17. Signature of Telecom Branch and Central Services Division, date.
Chapter 7, page 8
ATTACHMENT 7-A
Chapter 7, page 9
ATTACHMENT 7-A
Chapter 7, page 10
ATTACHMENT 7-A
Miniprint 225 TTY
The Miniprint 225 is used acoustically by placing the hadset into the TTY's acoustic
couplers. Acoustic use is convenient when an extra telephone jack is not handy or in
environments which do not support an analog phone connection.
The miniprint 225 includes Turbo Code, which lets you control the speed of your
conversations. With Turbo Code, you can have "real-time" conversations with no
delays. You can also interrupt one another.
1. Built-in, 24-character printer
2. 3 selectable print sizes
3. Turbo Code® and Auto ID™
4. E-Turbo for simplified relay calling**
5. Sticky key feature (for single-handed typing)
Chapter 7, page 11
ATTACHMENT 7-A
VIDEOPHONE
A videophone is a telephone with a video display, capable of simultaneous video and
audio for communication between people in real-time.
The videophone is particularly useful to people who are deaf or hard of hearing who
communicate with sign language. Videophones are becoming increasingly popular for
telemedicine and to individuals with mobility issues.
The Sorenson VP-200® videophone, designed especially for use by deaf individuals,
delivers high quality video and many exclusive features. Through a high-speed Internet
connection, deaf individuals use the videophone and a TV to place SVRS calls that are
routed to a video relay interpreting center.
Chapter 7, page 12
ATTACHMENT 7-B
Chapter 7, page 13
ATTACHMENT 7-B
Chapter 7, page 14
ATTACHMENT 7-B
ICSD-205 COMPUTER HARDWARE OR SOFTWARE REQUEST
Instructions
A. When Used
This form is prepared by agency personnel to request approval to purchase
computer hardware or software. When requesting Consultant Services for the
hardware or software, the Comptroller’s and Governor’s approvals are required.
In such an instance, submit separate memos for consideration.
B. General
This form is an Excel spreadsheet that consists of two worksheets: ICSD-0205A
and ICSD-205B. Both spreadsheets must be completed and submitted together.
This form must be completed for all computer hardware and software requests.
After securing approval signatures within the user’s agency, the form is to be
submitted to: Division Administrator Information and Communication Services
Division Kalanimoku Building, B-10 Upon approval, the ICSD Administrator will
forward the request to the Comptroller for action.
C. Forms Items Usage:
ICSD-205 Part-A
1. REQUEST CLASS. Select either the Budgeted or Unbudgeted box. Do
not select both. Left double-click the selected box to bring up the Format
Text Box message window. Click the Colors and Lines tab. Under Fill
Color: Click the down arrow to view the color palate. Select the color black
then click OK.
2. DEPT REQUEST NO. A unique number to identify the request. The format
of the number is X999 where X is the departmental Project Management
System (PMS) code and 999 is the number assigned by the submitting
agency. (e.g. A001, K321, X106, etc.) The number that is entered in this
box is automatically entered in the corresponding box in ICSD-205 Part-B
(item 15).
3. DEPT/DIV/BR. The name of the department, division and branch of the
agency making the request.
4. PROG ID/ORG CODE. The specific budget Program Identification and
Organization Code for which funds have been appropriated for the
resources being acquired.
5. REQUESTOR'S NAME. The name of the person submitting the request.
6. TELEPHONE. The phone number and extension of the person submitting
the request.
7. REQUEST DATE. The date the request was submitted. Format: mmm dd,
yyyy.
8. TYPE OF AQUISITION. Select either or both of the Hardware and
Software boxes. Left double-click the selected box to bring up the Format
Text Box message window. Click the Colors and Lines tab. Under Fill
Color: Click the down arrow to view the color palate. Select the color black
then click OK.
9. ITEMS TO BE ACQUIRED.
LN. The line number to make it easy to identify each item
requested. Begin the line number with “1”. If several items are
treated as a unit, e.g. a PC, monitor, and printer, treat them as one
line number. Multiple units of the same item may be treated as one
line number.
MOF. The Means Of Financing which is the source of funds used to
acquire the items associated with the line number. The codes are A
= General Funds; B = Special Funds; C = Federal Funds; and W =
Revolving Funds.
Chapter 7, page 15
ATTACHMENT 7-B
Manufacturer. The company that made the product or in the case of
software, the vendor who licensed the product.
Model. The model number (if any) of the piece of hardware or
software being acquired.
Description. A brief description of the hardware or software being
acquired, including product name, version, and release number.
Qty. The number of units of the individual hardware, software
products, or components.
Unit Cost. The purchase price for one unit or item to be acquired.
Total Cost/Item. The extension of Qty multiplied by Unit Cost for the
line item. Automatically calculated.
Subtotal. The sum of the Total Cost/Item for all lines on the page.
Automatically calculated.
Tax. The amount of the taxes automatically calculated based on
Tax Rate Used, item # 14.
Shipping & Handling. The total cost of shipping and handling for all
line items on the page.
Grand Total. The sum of the Subtotal, Tax, and Shipping and
Handling. Automatically calculated.
10. ANNUAL MAINTENANCE COST. The cost of annual maintenance for the
items requested. If there is no maintenance, enter “0.00”.
11. FUNDING SOURCE. The specific budget program from which funds will
be used to acquire the resources requested. The format is: G-FY-999-X,
where G is the fund code, FY is the fiscal year and 999-X is supplied by
the Branch or Agency Fiscal Officer. Example: G-03-001-M
12. MANDATED BY LAW. Select either the NO or YES checkbox, not both.
Left double-click the selected box to bring up the Format Text Box
message window. Click the Colors and Lines tab. Under Fill Color: Click
the down arrow to view the color palate. Select the color black then click
OK. If YES, enter a detailed narrative that explains why the requested
items are required by or supported and cite any Federal, State, or County
laws, regulations, and/or statutes that apply.
13. EXPLANATION. The description of how hardware and/or software will be
used. Include a brief description of the system. If the acquisition is a
replacement or expansion to existing hardware and/or software, explain
why.
14. TAX RATE USED. Enter the tax rate used. This rate is used to
automatically calculate the tax that appears in Item # 9. If no tax enter .00
(zero).
ICSD-205 Part-B
15. BENEFITS. The description of the expected benefits to the State if the
acquisition is approved.
16. REQUEST DATE. The date the request was submitted. Format: mmm dd,
yyyy.
17. DEPT REQUEST NO. This box is automatically completed with the same
number that was entered as item #2 on ICSD-205 Part-A of the request.
18. TELECOM INFRASTRUCTURE. Select either the NO or YES box, not
both, to indicate that the hardware and/or software will or will NOT use
ICSD telecommunications infrastructure or facilities. If YES, enter a
detailed explanation.
19. RECOMMENDATION OF USER. Reserved for user agency signature and
date of approval/disapproval.
20. ACTION OF REQUESTOR’S DEPT HEAD. Reserved for the Requestor
Department Head’s signature and date of approval/disapproval.
21. ADMINISTRATOR, ICS DIV. Reserved for the ICSD Administrator’s
signature and date of approval/disapproval.
22. STATE COMPTROLLER. Reserved for the Comptroller’s signature and
date of approval/disapproval.
ICSD-205i (Rev 06/01/2003)
Chapter 7, page 16
ATTACHMENT 7-C
The following is a sample letter from a program to the Comptroller requesting modification to
a State-owned premise. Underlined text is to be individualized to the request.
(DATE)
MEMORANDUM
TO: The Honorable ____(Name)_________________________
Comptroller, Department of Accounting and General Services
FROM: Name, Title
Department of _______________________
VIA: Name
Director, Department of ___________________________
SUBJECT: Request to Provide Reasonable Accommodation by Modifying Physical
Premises at Project, Building Name
We respectfully request your approval to give description of modification of/to the name
of building, including room number, etc.
The purpose of the renovation/modification is to give explanation of proposed use of
area and justification for the modification.
Provide information on how the cost of the project will be handled, ex. federal funds, or
indicate whether you want to request a cost estimate before commencing with
construction. If possible, give a timeframe.
Should you have questions regarding this request, please call name of contact, title,
telephone number.
Thank you for your consideration of this request.
Chapter 7, page 17
ATTACHMENT 7-D
The following is a sample letter from a program to the Comptroller requesting modification to
a privately owned premise where a State program is located. Underlined text is to be
individualized to the request.
(DATE)
MEMORANDUM
TO: The Honorable ____(Name)_________________________
Comptroller, Department of Accounting and General Services
FROM: Name, Title
Department of ___________________
VIA: Name
Director, Department of ________________________
SUBJECT: Request to Provide Reasonable Accommodation by Modifying Physical
Premises at Building Name
We respectfully request your approval to give description of modification of/to the name
of building, including room number, etc.
The purpose of the renovation/modification is to give explanation of proposed use of
area and justification for the modification.
Provide information on contact person who represents the private facility, i.e., owner,
lessor (landlord), building manager. Also include terms of the lease. State whether or
not you have approached the private facility to make the modifications and, if so, what
was the nature of the response.
Provide information on how the cost of the project will be handled, ex. federal funds, or
indicate whether you want to request a cost estimate before commencing with
construction. If possible, give a timeframe.
Should you have questions regarding this request, please call name of contact, title,
telephone number.
Thank you for your consideration of this request.
Chatper 7, page 18
ATTACHMENT 7-E
The following is a sample letter from a program to the Comptroller, requesting parking.
Underlined text is to be individualized to the request. Note that parking requests by
employees must be submitted to the Department/Agency Parking Coordinator. The
Department's Parking Coordinator, in turn, prepares the memorandum request to the
Automotive Management Head for approval.
(DATE)
MEMORANDUM
TO: ______(Name)____________, Division Head
Automotive Management Division
Department of Accounting and General Services
FROM: Name, Parking Coordinator
Department of ________________________
SUBJECT: Request to Provide Reasonable Accommodation by Providing Accessible
Parking for Name of State Employee
We respectfully request your approval to provide an accessible parking stall for name of
employee, position number ___________, who is employed by name of
program/division. Provide brief description of employee's need for accessible parking
and include Form RA-1.
Provide employment start date (or date when parking is needed and any other pertinent
information.
Should you have questions regarding this request, please call name of contact, title,
telephone number.
Thank you for your consideration of this request.
Chapter 7, page 19
ATTACHMENT 7-F
POSITION DESCRIPTION
Sign Language Interpreter
I. Introduction
This position serves as a Sign Language Interpreter for an employee who is Deaf, as
part of reasonable accommodation. The Deaf employee for whom the interpreter
services are to be performed functions as a (position title) for the (agency name),
(position number).
II. Major Duties and Responsibilities
The major duties of this position are to assist the Deaf employee in the performance of
his/her duties and responsibilities by performing interpretation and other clerical
services due to the employee's preferred method of communication. The position will
assist the Deaf employee and is intended to complement, rather than to supplant the
performance of the essential responsibilities of the Deaf employee.
The specific duties and responsibilities are as follows:
Interprets/transliterates using sign language in various settings including: telephone
conversations, staff meetings, in-service training, community meetings and/or
conferences attended by staff, and meetings with walk-in visitors.
50%
Proofreads and edits, as needed, draft documents or correspondence generated by
the Deaf employee for accuracy and proper grammar.
30%
Assists with other general office functions such as photocopying, collating,
answering telephone calls, filing, etc.
10%
Prepares activity reports for the number of hours of interpreting.
05%
Works on other activities as assigned by the supervisor.
05%
III. Knowledge of: The Professional Code of Conduct established by the National
Registry of Interpreters for the Deaf, Inc. (RID)/National Association of the Deaf (NAD),
or from the Hawai'i Quality Assurance System (HQAS), depending upon credential held.
Uses both formal and informal registers of English and American Sign Language;
Business English; spelling; arithmetic; the operation of common office appliance and
equipment; office practices and procedures.
Ability to: Read and understand detaile d instructions and other similar written
material; convey information orally, in writing and in sign language; operate various
common office appliances; and deals with others in a tactful and polite manner.
IV. Minimum Qualification Requirements:
a. Current national RID/NAD certification (Comprehensive Skills Certificate,
Certificate of Transliteration and Certificate of Interpretation, NAD Level IV or V,
or National Interpreting Credential), or local credential of HQAS IV or V.
b. One year of general clerical experience.
V. License and/or Certification Requirements:
Holds valid certification from the National Registry of Interpreters for the Deaf
(RID)/National Association of the Deaf (NAD), or local credential from the Hawai'i
Quality Assurance System (HQAS).
Chapter 7, page 20
ATTACHMENT 7-G
POSITION DESCRIPTION
Reader Assistant
I. Introduction
This position serves as a reader/assistant for an employee who is visually impaired, as
part of reasonable accommodation. The employee for whom the reader/assistant
services are to be performed functions as a (position title) for the (agency name),
(position number).
II. Major Duties and Responsibilities
The duties of this position are to assist the visually impaired employee in the
performance of his/her duties and responsibilities of the office by performing reading
and other assistance services due to the visual impairment of the employee. The
position will function as an assistant to the employee and is intended to complement
rather than to supplant the performance of the essential responsibilities of the visually
impaired employee.
The specific duties and responsibilities are as follows:
Reads selected correspondence and other pertinent materials to the employee who
is visually impaired, as directed. Reads correspondence either face-to-face or
translates onto cassette tape for later listening. Prepares selected documents in
Braille or large print format, as needed.
30%
Performs filing tasks, including maintaining files, labeling and recovering
information from files, as needed.
20%
Assists with other general office functions such as photocopying, collating,
addressing, and mailing items, obtaining documents from the library, etc., as
needed.
15%
Acts as a sighted guide for the employee who is visually impaired when travel
outside the office to attend meetings, workshops, or seminars, is required as part of
the job.
15%
III. Knowledge of: Business English; Braille; spelling; arithmetic; the operation of
common office appliance and equipment; office practices and procedures.
Ability to: Read and understand detailed instructions and other similar written material;
convey information orally, in writing and in Braille; operate various common office
appliances; and deals with others in a tactful and polite manner.
Chapter 7, page 21
ATTACHMENT 7-H
POSITION DESCRIPTION
Personal Assistant
I. Introduction
This position serves as a personal assistant for an employee with cerebral palsy, as part
of reasonable accommodation. The employee for whom the personal assistant services
are to be performed functions as a (position title) for the (agency name), (position
number).
II. Major Duties and Responsibilities
The duties of this position are to assist the employee with cerebral palsy in the
performance of the duties and responsibilities of the office by performing writing, typing,
and other tasks requiring physical dexterity to assist when motor limitations hinder the
person from performing the task by himself or herself. This position functions as an
assistant to the employee, and is intended to complement rather than supplant the
performance of essential responsibilities of the employee.
The specific duties and responsibilities are as follows:
Performs typing, maintaining files, labeling and recovering information from files.
Takes dictation.
40%
Makes phone contacts as needed, does scheduling (including site selection for
meetings), notetaking at the meetings and handing out materials during the
meetings.
25%
Computerizes records and client documentation, and retrieves information.
25%
Provides transportation to and from meeting sites for the employee when travel is
outside the office, as required by the employee's job.
10%
III. Knowledge of: Business English; spelling; arithmetic; the operation of common
office appliance and equipment, especially a computer; office practices and procedures.
Ability to: Communicate well and ask for clarification if directions are not understood;
ability to read and understand detailed instructions or other similar written material;
convey information orally and in writing; operate various common office appliances,
especially a computer; and familiarity with working with people with disabilities.
Chapter 7, page 22
ATTACHMENT 7-I
GUIDELINES FOR PROGRAMS WHEN SELECTING AMONG PERSONNEL
OPTIONS FOR SUPPORT SERVICES
Before deciding whether to use current staff, hire new staff, or hire on a fee-for-service
basis, the following questions might assist programs in the decision-making process.
1. Prerequisite information about the new hire/employee with the disability.
a. What will this person do on the job?
b. What disabilities preclude unassisted full performance of duties?
c. Should duties, which cannot be performed by the person with disabilities, be shifted
to other workers or should
assistance be provided so that the worker can perform all duties?
d. What assistance does this person need?
e. When does this person need the assistance?
2. If the support services include assistance by another person, additional information is
essential.
a. What is involved in providing the support services (i.e., what are the duties of the
supporter), and what training,
experience, knowledge, skill, etc., is required to provide the assistance?
b. Is this a permanent/continuing need?
c. Is this a full-time or a part-time need (how many hours per week)? Is the need for a
constant number of hours
or for a variable number of hours?
d. Is predictable/schedulable assistance needed or on-call assistance?
e. Is there a position count, which can be used for an additional person to provide the
assistance?
f. Can/should the assistance be provided by other, existing, staff or should it be
provided
by a new person?
Chapter 7, page 23
ATTACHMENT 7-J
Chapter 7, page 24
ATTACHMENT 7-J
CAROL LANAI
dba TALK STORY
850 Maui Avenue
Honolulu, HI 96800
BILL FOR COLLECTION
December 15, xxxx
Department of Protocol
Accounts Receivable
1234 Kona Street
Honolulu, HI 96813
For services rendered during the month of December xxxx to provide reader services to
provide communication access for the individuals who are blind or visually impaired to
access Department of Protocol programs.
December 5, xxxx
8:00 a.m. - 12:00 p.m.
4 hours
$ 20.00
December 9, xxxx
8:00 a.m. - 10:00 a.m.
2 hours
10.00
December 10, xxxx
8:00 a.m. - 12:00 p.m.
4 hours
20.00
TOTAL
$ 50.00
Please send the payment to the address listed above.
Sincerely,
CAROL LANAI
Chapter 7, page 25
ATTACHMENT 7-K
Chapter 7, page 26
ATTACHMENT 7-K
JOE HAWAII
dba COMMUNICATION SYSTEMS, INC.
500 Kauai Avenue
Honolulu, HI 96800
BILL FOR COLLECTION
December 15, xxxx
Department of Protocol
Accounts Receivable
1234 Kona Street
Honolulu, HI 96813
For services rendered during the month of December xxxx for interpreter services to
provide communication access for individuals who are deaf or hard of hearing to access
Department of Protocol programs.
December 1, xxxx
8:00 a.m. - 12:00 p.m.
4 hours
$100.00
TOTAL
$100.00
Please send the payment to the address listed above.
Sincerely,
JOE HAWAII
Chapter 7, page 27
ATTACHMENT 7-L
Chapter 7, page 28
ATTACHMENT 7-L
JANE KAUAI
dba LIVING INDEPENDENTLY
999 Maui Avenue
Honolulu, HI 96800
BILL FOR COLLECTION
December 15, xxxx
Department of Protocol
Accounts Receivable
1234 Kona Street
Honolulu, HI 96813
For services rendered during the month of December xxxx for personal service provided
to Jane Doe.
December 5, xxxx
8:00 a.m. - 12:00 p.m.
4 hours
$ 20.00
December 9, xxxx
8:00 a.m. - 10:00 a.m.
2 hours
10.00
December 10, xxxx
8:00 a.m. - 12:00 p.m.
4 hours
20.00
TOTAL
$ 50.00
Please send the payment to the address listed above.
Sincerely,
JANE KAUAI
Chapter 7, page 29