Misc Pub 27-8 Legal Handbook Commander’s 2019


E. Providing Reasonable Accommodations



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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
E. Providing Reasonable Accommodations
In 2017, federal civilian employees filed approximately 27,000 claims of disability discrimination with the EEO offices. With an increase in the number of disabled employees serving in the federal workplace, commanders should be keenly aware of the Reasonable Accommodation (RA) process.
Reasonable accommodation is "any change to thw work environment or the way things are customarily done that would enable an individual with a disability to enjoy equal employment opportunity" Typically, a request for RA arises in one of three instances) during the hiring process) to assist in performing the essential functions of the job,
or
3) to provide equal benefits and privileges of the job.
The RA process is triggered when an individual (current employee or applicant for employment) makes a request. Note: The request can be made at anytime, orally or in writing,
and does not need to include any specific buzzwords bi Typically, the request is made to the supervisor. Within two business days of receiving the request, the supervisor (or hiring official) must forward the request to the Disability Program Manager (DPM), generally an EEO Specialist located in the servicing EEO office. The RA request must be approved, modified, or denied within thirty business days of the date the request was received, absent extenuating circumstances. If the request is denied, a legal review must be prepared, maintained, and provided to the requestor, including their right to appeal the decision to the EEO.
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235
A. Reference
5 USC §§ 7101-7135, Labor Management and Employee Relations.
B. Identifying Management Responsibilities to Federal
Labor Unions
Approximately 54% of appropriated fund DA civilian employees and 48% of non-ap- propriated fund DA civilian employees are represented by a federal labor union. As of April
2019, there are 508 bargaining units across the Army.
Commanders should identify how many unions (if any) represent civilian employees in their organizations. Not only should union leadership be identified, but commanders should also become familiar with any Collective Bargaining Agreement that their command is bound to, understand the relationship between the unions) and the command, and work to establish and sustain positive relationships.
There are three instances where a management official (on behalf of the command) must notify the union (

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