340:1-11-41. Reasonable accommodations for Oklahoma Department of Human services (DHS) employees
(a) DHS employee requests for reasonable accommodations are resolved at the lowest level possible, on a case-by-case basis, after Form 14CR003E, Request for Reasonable Accommodation, is accepted by the Office for Civil Rights (OCR) and OCR has opened a case.OCR considers Americans with Disabilities Act (ADA) protocol for reasonable accommodation requests, when:
(1) the employee has a disability;
(2) the employee is qualified; and
(3) an effective and reasonable accommodation is available and does not create an undue hardship.
(b) When feasible, an employee makes a request for a reasonable accommodation in writing by submitting Form 14CR003E to the local ADA coordinator. • 1 The employee attaches a definitive, narrative medical statement from a medical professional that confirms the employee is disabled per the Americans with Disabilities Act Amendments Act(ADAAA) and specifies the reasonable accommodation(s) needed in order to perform the essential functions of the position. • 2
(c) The local ADA coordinator signs Form 14CR003E, retains a copy, and forwards the original and the medical documentation to the deputy director, division or program director, or designee, who signs the form and retains a copy.Original Form 14CR003E and the medical documentation are immediately forwarded to the DHS OCR to open a case and approve the medical statement.Signatures under this subsection of the form serve only to acknowledge the request and do not indicate agreement to provide the accommodation requested or any other accommodation.
(d) When the original is fully-signed and was forwarded to OCR, and OCR approves the medical statement and opens a case, the local DHS office initiates the mandated interactive-process by meeting with the requesting employee one or more times in an attempt to clarify the need for accommodation and to determine what, if any, accommodation is provided.The interactive process may take up to 30-calendar days.At the end of the interactive process the employee is notified in writing of the decision, whether an accommodation is to be provided, and a copy of the notice is sent to OCR.When a decision is not made by the 30th day after OCR opens the case, OCR refers the request to the Request Review Committee (RRC) for a decision. • 3
(e) Upon receipt of the fully-signed Form 14CR003E and an approved, definitive, narrative medical statement, OCR opens a file and notifies the requesting employee that the local DHS office approves or denies the request and of his or her right to appeal the decision.OCR monitors the interactive process and serves as a resource to all parties.
(f) Accommodations that would result in an undue hardship to DHS do not have to be provided.Before making such a determination OCR consults with the regional director, division or program director, or designee.
(g) Appeals to the RRC are routed through the DHS OCR administrator.
(h) Employees who request a reasonable accommodation have the right to file a written appeal with the RRC when:
(1) his or her request is denied;
(2) a decision is not made by the 30th day of the interactive process; or
(3) the accommodation provided is not effective.
INSTRUCTIONS TO STAFF 340:1-11-41
1.The Americans with Disabilities Act coordinator in Oklahoma Department of Human Services (DHS) local county offices is the Adult and Family Services (AFS) county director or the Child Welfare Services (CWS) district director in stand-alone CWS offices.In other offices and facilities the ADA coordinator is the person administratively responsible for that location.The local ADA coordinator is familiar with the "ADAAA request for Reasonable Accommodation Protocols" located on the DHS InfoNet.
2. To assist in determining the need for an accommodation the immediate supervisor provides an unrated copy of the employee's current performance evaluation, a list of essential functions, or the position specifications for the employee to share with the medical professional.Medical documentation may not be required when the need for an accommodation is easily observable or is well known.
3. Refer to Oklahoma Administrative Code 340:1-11-50.