Okla. Admin. Code § 612:1-11-16

Current through Vol. 42, No. 4, November 1, 2024

Section 612:1-11-16 - Providing reasonable accommodations for employees

(a)Requests for reasonable accommodation. Any DRS employee who qualifies as an individual with a disability has a right to request reasonable accommodation. No employee will be discriminated against with regard to employment for exercising his or her rights under the Americans with Disabilities Act. To be considered qualified an employee must be able to perform the essential functions of his/herposition with or without a reasonable accommodation.

(b)Accommodation request procedure. Employee requests for reasonable accommodation shall be handled on an individual, case-by-case basis. The Department shall engage in an interactive process with the qualified employee in an effort to identify reasonable accommodations that will allow the qualified individual with a disability to perform the essential job functions. It is the responsibility of the employee requesting the reasonable accommodation to actively participate in the process. This may include but is not limited to providing requested documentation or information indicating the disability requiring a reasonable accommodation, reason the accommodation is needed and/or the nature of the accommodation sought.

(c)Approval of accommodation requests. The employee's supervisor may approve or deny a reasonable accommodation request as submitted, request additional information if needed for reaching a decision or identifying an effective accommodation, or refer the request to the next supervisory level. Documentation of the request, decision and accommodation solution shall be maintained in the supervisor's file.

(d)Appeal of accommodation solution. Disputes concerning reasonable accommodation are subject to the final review and decision of the Director of the Department of Rehabilitation Services. The Director may intervene in requests at any time in order to bring about a prompt and impartial decision to the request. If dissatisfied with the decision of the Director, the employee may pursue a complaint with the appropriate state or federal agency responsible for enforcing laws affecting provision of reasonable accommodations for employees with disabilities.

Okla. Admin. Code § 612:1-11-16

Added at 10 Ok Reg 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 15 Ok Reg 1790, eff 7-1-98; Amended at 18 Ok Reg 2220, eff 7-1-01; Amended at 19 Ok Reg 1810, eff 7-1-02; Amended at 20 Ok Reg 1761, eff 7-1-03; Amended at 28 Ok Reg 1827, eff 7-1-11

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015