525 R.I. Code R. 525-RICR-10-00-2.7

Current through November 7, 2024

Section 525-RICR-10-00-2.7 - Notice and Requesting an Accommodation

A. A state agency shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the state agency, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.

B. Event and Examination Postings, Job Vacancy Notices, and Interview notices - All vacancy notices, job postings, examinations, announcements of events and notification of job or client interviews shall identify the contact person for arranging reasonable accommodations for the applicant/customer who is seeking an accommodation during the interview, examination or event. The notice shall also contain the contact person's telephone numbers and the date accommodation requests need to be called in, so the agency is able to make arrangements. Acquiring interpreters for the deaf and other services could take up to two (2) weeks. The deadline for requesting an accommodation shall be at least seven (7) days after the agency's notice is posted or mailed. The state agency shall make reasonable efforts to fill requests that come in after the deadline.

2.7.1Requesting a Reasonable Accommodation

A. Whenever requests for reasonable accommodations are made to the Commission, it shall determine which agency is responsible, identify the agency's ADA Coordinator, provide the requesting party with a copy of these regulations and either refer the requesting party to that coordinator or assist the individual in preparing a GCD Reasonable Accommodation Request Form.

B. The agency's ADA Coordinator shall:

1. Within five (5) business days upon receiving the reasonable accommodation request:

a. Provide the requesting party with a copy of these regulations (if the Commission has not already provided a copy); and

b. Determine if the requested accommodation is for an immediate event or activity, is only needed for a short period of time, or the requested accommodation is easy for the agency to provide.

2. If the requested accommodation is for an immediate event or activity, is only needed for a short period of time, or the requested accommodation is easy for the agency to provide: the ADA Coordinator shall consult with the requesting party(ies) and shall give primary consideration to the request of the individual in determining the type of accommodation provided.

a. The ADA Coordinator may seek documentation of the need for the accommodation, before providing it, unless the delay caused in seeking such documentation would cause the individual to be denied the opportunity to participate in or receive the benefits of the service or activity.

b. Prior to rejecting any request for an accommodation, the Agency's ADA Coordinator shall consult with the Commission, to identify technical resources that might assistance both the agency and the individual.

3. When the requested accommodation will be needed for an extended period of time, such as for a student's instruction/training, employee's workplace, or could require the purchase of auxiliary aids or renovation of a facility, the Agency's ADA Coordinator will:

a. Assist the individual (or parent /guardian) in preparing a Reasonable Accommodation Request form.

b. Contact the Commission to identify other state resources that could provide technical assistance to both the individual and the agency in determining:

(1) If the individual is "A qualified individual with a disability" in relation to the services or employment being accommodated;

(2) The essential functions of the job or the essential determine purpose of the agency's service being accommodated; and

(3) The individual's specific abilities and limitations as they relate to those essential job functions or participation in the agency's services, identify the barriers to job performance / enjoyment of the agency's services and assess how these barriers could be overcome with an accommodation.

C. Confidential medical information:

1. Within ten (10) business days of receiving the Reasonable Accommodation Request Form, the agency's ADA Coordinator shall meet with the employee/applicant or customer/parent/guardian to review any medical information needed to document that the individual is "a qualified individual with a disability" in relation to the services or employment being accommodated.

2. The individual's collective bargaining agent or other persons of his/her choosing may assist the individual during this meeting.

3. The state's rehabilitation /disability services experts may assist the agency's ADA Coordinator.

4. Other agency personnel shall not participate in the review of nor have access to the individual's medical information.

5. Only medical information needed to document that the individual is a "qualified individual with a disability" and the need for the accommodation is specifically related to limitations caused by the individual's disability may be requested and retained by the agency's ADA Coordinator, in a confidential file separate from the individual's personnel or other client records.

D. Preparing an accommodation plan

1. Within ten (10) business days of receiving all necessary medical documents, the agency's ADA Coordinator shall convene a meeting of the individual, the employee's or program / activity's supervisor, any technical assistance providers, and the employee's collective bargaining agent. During this meeting or meetings:

a. The attendees shall review the essential functions of the job or the essential purpose of the agency's service being accommodated;

b. Identify the individual's specific limitations as they relate to those essential job functions or participation in the agency's services, identify the barriers to job performance / enjoyment of the agency's services and assess how these barriers could be overcome with an accommodation; and

c. Identify potential accommodations and assess how effective each would be in enabling the individual to perform the essential functions of his/her job or participate in the agency's services.

2. When more than one (1) meeting is required to determine the most effective accommodation, an interim accommodation plan shall be developed at the initial meeting with the concurrence of all parties. Each party shall retain a signed original of the interim accommodation plan.

3. In developing the accommodation plan, the agency ADA Coordinator shall consider the following factors:

a. If there are several effective accommodations that would provide equal opportunity, the ADA Coordinator shall consider the preference of the individual and select the accommodation(s) that best serves the needs of the individual and the agency. If more than one accommodation would be effective or if the individual would prefer to provide his or her own accommodation(s), the individual's preference should be given first consideration. However, the agency is free to choose among effective accommodations and may choose one that is less expensive or easier to provide.

b. The fact that an individual is willing to provide his or her own accommodation does not relieve the agency of the duty to provide this or another reasonable accommodation should the individual for any reason be unable or unwilling to continue to provide the accommodation.

4. The Reasonable Accommodation Plan shall include:

a. A listing of the essential functions of the job or essential elements of the agency's services which the employee/applicant/customer is unable to perform without an accommodation;

b. A listing of the reasonable accommodations that will be provided and an estimated timeline for implementing each accommodation; and

c. Descriptions of interim steps that will be taken to assist the employee in performing the essential functions of the job or reassignment to other duties, until the Reasonable Accommodation Plan is fully implemented.

5. The agency's ADA Coordinator shall, prepare a "Reasonable Accommodation Plan" and present it at a meeting of the attendees of the Reasonable Accommodation Consultation(s).

6. The requesting party shall, review the proposed Reasonable Accommodation Plan, sign and date, all the copies and check either accept or reject in the appropriate box next to her/his signature, retain one (1) signed copy and return the remaining copies of the "Reasonable Accommodation Plan":

a. If accepting the plan - to the agency's ADA Coordinator, or

b. If rejecting the plan - to the Commission.

7. A signed original of the "Reasonable Accommodation Plan" shall be retained by the agency ADA Coordinator. A copy shall be sent to the Commission.

a. If the individual accepts the Reasonable Accommodation Plan, the agency shall implement the accommodation plan immediately, upon receipt.

b. No Reasonable Accommodation Plans shall be implemented until accepted by the individual.

E. Auxiliary Aids

1. If the reasonable accommodation will require the obtaining of equipment or devices (auxiliary aids), the agency's ADA Coordinator shall within 15 business days of receiving an individual's Reasonable Accommodation Request Form.

2. The agency will obtain or modify that equipment or devices utilizing operating funds.

3. Taking into account the preference of the qualified individual the agency's ADA Coordinator shall recommend the accommodation that best serves the needs of the qualified individual and the agency.

4. The agency's administrator will arrange for its purchase, immediately.

5. The agency shall be responsible for all maintenance of, repairs to, and consumables used in the operations of auxiliary aids, along with any specialized training of personnel in the operation of the auxiliary aids.

6. Disposal of Auxiliary Aids

a. Transfer of the Qualified Individual with an Auxiliary Aid

(1) The auxiliary aid shall be transferred with the qualified individual, as long as the individual remains a state employee or consumer of state services and the auxiliary aid is still required as a reasonable accommodation.

(2) If the auxiliary aid was purchased by the agency and

(AA) The qualified individual's new position, is not under the control of the agency that purchased the auxiliary aid and

(BB) The auxiliary aid is not required as a reasonable accommodation for another employee/consumer, then

(CC) The purchasing agency shall arrange for the auxiliary aid to be declared "surplus property" in accordance with the surplus property regulations. The title of that auxiliary aid shall be transferred to the new agency. The original agency shall be reimbursed by the new agency for the current value of the auxiliary aid.

b. The qualified individual leaves state employment or is no longer a consumer of state services:

(1) If the auxiliary aid was purchased by an agency, then the agency shall arrange for the auxiliary aid to be declared "surplus property" in accordance with the surplus property regulations and transfer title of that auxiliary aid to the Commission's ADA Equipment Pool.

F. Rejecting a Reasonable Accommodation Request

1. The agency's ADA Coordinator may reject an individual's request for a reasonable accommodation for the following reasons:

a. The individual is not an individual with a disability;

b. The individual is able without an accommodation to:

(1) Perform the essential functions of the job or

(2) Participate in and /or benefit from the service or activity in an equally effective manner as individuals without disabilities,

(3) The individual's request for a reasonable accommodation is primarily for the personal benefit of that individual; or

(4) The individual's request for a reasonable accommodation would impose an undue hardship on the operations of the agency and there is no alternative reasonable accommodation.

2. The agency's ADA Coordinator shall, within fifteen (15) business days of receiving all medical documentation requested (see §2.7.1(C) of this Part above) or following the last meeting to "prepare a Reasonable Accommodation Plan (see §2.7.1(D)(4) of this Part above):

a. Notify the requesting party of the rejection of their request for a reasonable accommodation, indicating which of the above reasons is the basis of the rejection Reasonable Accommodation Rejection GCD Form; and

b. Forward to the Governor's Commission on Disabilities a copy of that notification.

G. Non-Supplanting, Impact on Benefits

1. This regulation addresses the State of Rhode Island's obligation to provide reasonable accommodations and modifications, including auxiliary aids, to beneficiaries with disabilities of its services, programs, and activities, only when the auxiliary aid is needed to ensure accessibility to and usability of programs, services, and or activities.

2. The regulation also addresses the State of Rhode Island's obligation to provide auxiliary aids, only as a reasonable accommodation to an employee with a disability. This regulation does not supplant nor relieve the obligation of any State agency to provide auxiliary aids (equipment or devices) under any other law or regulation.

525 R.I. Code R. 525-RICR-10-00-2.7