Reasonable Accommodations for Employees and Applicants

Introduction

Purpose and Applicability

In compliance with federal and state law, the State Office of Administrative Hearings (SOAH) is committed to providing equal treatment, access, and opportunity to individuals who:

1. have a qualifying disability;
2. are affected by pregnancy; or
3. have sincerely held religious beliefs.

As outlined in this policy, SOAH will provide reasonable accommodations that are necessary for qualifying individuals to perform the essential functions of the job or position, unless doing so would impose undue hardship on the agency.

As outlined in this policy, SOAH will provide reasonable accommodations that are necessary for qualifying individuals to perform the essential functions of the job or position, unless doing so would impose undue hardship on the agency.

Definitions

• Direct threat: A significant risk to the health, safety, or well-being of others that cannot be eliminated by reasonable accommodation.
• Disability: An individual is considered to have a qualifying “disability” if the individual has a known physical or mental impairment or condition that substantially limits one or more major life activities, has a record of such an impairment, or is perceived by others as having such an impairment.
• Qualified individual: A “qualified individual” meets all the skills, experience, knowledge, education, and other requirements for the job or position. A qualified individual can perform the essential functions of the job or position with or without reasonable accommodation. For purposes of this policy, a qualified individual may be an applicant or employee—including a law clerk, intern, volunteer, or contractor.
• Reasonable accommodation: Any appropriate modification or adjustment made to SOAH’s application or hiring process, workplace, job or position, or working conditions that would enable a qualified individual to perform the essential functions of the job or position and enjoy equal employment opportunities without discrimination or disadvantage, and that does not impose an undue hardship on the agency. Examples may include making existing facilities readily accessible, modification or acquisition of equipment or devices, modified or flexible work schedules, etc.
• Undue hardship: An accommodation that would require significant difficulty or expense to SOAH given the agency’s size, financial resources, and the nature and structure of its operation. “Undue hardship” also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the job or position or the operation of agency business. Undue hardship is determined on a case-by-case basis.

Policy

Discrimination Prohibited

SOAH may not discriminate against or adversely treat an individual because of disability, pregnancy, or a sincerely held religious belief, or because of an individual’s request for reasonable accommodation to complete the application or hiring process and/or to perform the essential functions of the job or position. Accordingly, SOAH may not refuse to consider a qualified individual for employment, promotion, or other conditions of employment because of the individual’s disability, pregnancy, or sincerely held religious belief, or request for and/or provision of a reasonable accommodation.

SOAH and all its employees must comply with the following related policies:

• Equal Employment Opportunity (EEO) and Prohibition of Discrimination and Harassment
• Breastfeeding Employees and Visitors

Accommodation-Related Inquiries and Medical Examinations

A. Prior to a conditional offer for employment, SOAH is generally prohibited from asking applicants any questions, or requiring any medical examinations, that would likely reveal the existence of a disability or other need for an accommodation to perform the essential functions of the job or position. However, SOAH may ask if an applicant would need a reasonable accommodation if:

1. SOAH readily knows the applicant has a disability, is affected by pregnancy, or has sincerely held religious beliefs either because it is obvious or the applicant has voluntarily revealed this information; and
2. it is reasonable to question whether the disability may pose difficulties for the applicant in performing a specific task required by the job. 

B. Once a conditional offer has been extended, SOAH may ask reasonable questions, or require a medical examination, relating to the existence of a disability or other need for an accommodation, only if such questions are asked equally to other applicants offered the same type of job or position.

C. After the conditional offer is accepted and employment begins, SOAH may ask accommodation-related inquiries, or require medical examinations, so long as they are job-related and consistent with agency business necessity. This means that SOAH may ask such questions or require such examinations only if SOAH has an objectively-reasonable belief that:

1. an employee’s ability to perform the essential job functions will be impaired;
2. an employee will pose a direct threat to himself/herself or to others; or
3. more information is necessary to allow SOAH to fully and fairly evaluate whether the requested accommodation will result in an undue hardship on the agency.

Request for a Reasonable Accommodation

It is the responsibility of an applicant or employee to request an accommodation. To make a request for an accommodation related to the application or hiring process or to the workplace, job or position, or working conditions in order to do the job or position, an applicant, employee, or other authorized individual on the applicant’s or employee’s behalf, may contact SOAH Human Resources:

• by phone at (512) 475-4993, or 
• by email at SOAH.HR@soah.texas.gov.  

Requests may be made orally or in writing. However, to avoid any misunderstandings and ensure timely response, all individuals are encouraged to submit their request for accommodation in writing. SOAH Human Resources may provide or require additional documentation to support the request.

A. Applicants: Applicants desiring or requiring an accommodation related to some aspect of the application or hiring process are encouraged to make a request as soon as the applicant realizes an accommodation is needed. A qualified individual is not required to disclose during the application or hiring process the individual’s need for a reasonable accommodation in order to perform the essentials functions of the job or position, but the individual may request a workplace accommodation at any time.

B. Employees: Employees may request a workplace accommodation at any time during employment.

Evaluation of the Request and Interactive Process

All requests for accommodation will be timely addressed on an individualized basis, considering relevant facts to determine eligibility and whether a requested accommodation can be provided, or if the accommodation would impose undue hardship on the agency. 

Requests for workplace accommodations shall be handled promptly in accordance with the following:

• Within 10 business days of SOAH’s receipt of the request, SOAH Human Resources shall review the request and determine if additional information is required. If additional information is required from the individual or a health care provider, Human Resources shall inform the individual of the additional information required and provide any required forms for completion.
• If the applicant or employee has not provided the required or requested information within 30 days of the request for information, Human Resources will initiate a follow up communication with the individual.

Medical Information to Support Disability-Related Request for Accommodation

SOAH may not ask for medical information in support of every accommodation request, however, SOAH may occasionally need such information to determine if the individual’s medical condition meets the ADA definition of “disability” as a prerequisite for the individual to be entitled to a reasonable workplace accommodation. In cases where the disability and/or need for accommodation is not obvious or otherwise known, SOAH Human Resources may require the requesting individual to timely submit medical information and supporting documentation as follows:

1. ADA Accommodation Medical Certification Form, to be completed by the individual and the individual’s health care provider, identifying:
   • A description of the individual’s physical or mental impairment or condition;
   • The diagnosis, history, and expected duration of the medical impairment or condition;
   • An evaluation of the effect the impairment or condition has on the individual’s ability to perform the essential functions of the job position; and
   • Any recommended adjustments to the work environment or job or position responsibilities that will enable the individual to perform the essential functions of the job or position.
2. Copies of relevant documentation. Documents may include medical records and other information available to the individual that is relevant to making a decision about reasonable accommodation.

The requesting individual may contact Human Resources for assistance with accessing or completing the request form and/or other documentation.

Interactive Process

SOAH and the requesting individual shall engage in an informal process to clarify what the individual needs and to identify the appropriate reasonable accommodation. During this process, SOAH is permitted to ask an employee any relevant questions that will enable the agency to make an informed decision about the request. 

The purpose of the interactive process is for SOAH and the qualified individual to mutually determine a reasonable modification or adjustment that:

1. removes conflict between the individual’s workplace or working conditions and the individual’s limitations from disability or pregnancy, or right to engage in sincerely held religious observances or practices;
2. does not disadvantage the individual’s employment; and
3. does not cause undue hardship to SOAH.

The interactive process may include a discussion of all job or position functions or tasks that cannot be performed without an accommodation. SOAH may ask what type of accommodation is needed, and it is helpful if the individual provides suggestions to assist SOAH in determining the type of reasonable accommodation to provide. SOAH may also offer alternatives or submit the request and accompanying documentation to an appropriate medical professional for evaluation and recommendation, if applicable.

SOAH’s goal is to collaboratively identify a mutually agreeable accommodation that will not impose an undue hardship on the agency and will provide the qualified individual with the opportunity to be successful in performing the essential functions of the job or position.

Approval or Denial of Accommodation

SOAH will make an initial determination on whether to approve or deny an individual’s request for accommodation within 60 business days of the initial request, unless extenuating circumstances require the processing of the request to be expedited or delayed.

If SOAH denies a request for an accommodation, Human Resources shall, with the assistance of SOAH’s Office of General Counsel as needed, provide the individual with a written explanation detailing the reasons for denial.

If SOAH approves and implements an accommodation, Human Resources shall notify the individual of the approval in writing and shall periodically confer with the individual to determine the need for continuance or adjustment of the workplace accommodation.

Access to Agency Electronic and Information Resources for Individuals with Disabilities

In accordance with Texas Government Code Chapter 2054, SOAH must generally ensure that its employees with disabilities, as well as members of the public with disabilities, have access to and the use of the agency’s electronic and information resources in a comparable manner as persons without disabilities, unless compliance imposes a significant difficulty or expense on the agency. SOAH shall take reasonable steps to ensure that a disabled employee has reasonable access to perform the employee's job duties.

To ensure compliance and provide technical support, SOAH has a designated Electronic and Information Resources (EIR) Accessibility Coordinator. SOAH’s Information Technology Support Lead shall serve as the EIR Accessibility Coordinator.

For further information, please see SOAH’s Accessibility Policy.

Confidentiality

All records or information obtained by SOAH for purposes of carrying out this policy are confidential. Such records or information will be shared only with those who have a need or right to know in accordance with applicable law.

Delegation of Responsibilities

Human Resources has the predominant responsibility of carrying out this policy.

Supervisors and team leads are responsible for implementing the provisions of this policy, and for referring employees to this policy as appropriate.

Employees and applicants, when requesting a reasonable accommodation, are responsible for:

• Clearly communicating any requests for an accommodation to SOAH Human Resources;
• Timely providing SOAH with any required documentation, including, as applicable, that of their disability and functional limitations as necessary to establish a disability and/or of their need for a reasonable accommodation; and
• Cooperating with SOAH personnel as part of the interactive process necessary to determine reasonable accommodation.

All SOAH employees are responsible for upholding a fair and respectful workplace, void of any prohibited discrimination or retaliation against individuals based on disability, pregnancy, or sincerely held religious beliefs, and for maintaining the confidentiality of information regarding such individuals and any accommodations provided.

Approvals

SOAH Human Resources must confer with the requesting individual’s supervisor or team lead, the Office of the General Counsel, and others as applicable, to determine what, if any, reasonable accommodation can be made. Human Resources shall then submit a recommendation to the Chief Administrative Law Judge or a designee for a final decision.

Upon the rendering of a final decision by the Chief Administrative Law Judge or designee, Human Resources shall promptly notify the requesting individual in writing.

Custodians of Records

All documentation required for implementation of this policy shall be maintained by Human Resources and shall remain confidential and separate from personnel files. This includes any health care provider’s statements, leave forms, or any other information or documentation that pertains to any medical impairment or condition, or any medical history of the employee or applicant.