THE COUNCIL OF FEDERAL EQUAL EMPLOYMENT OPPORTUNITY AND CIVIL RIGHTS EXECUTIVES

Minutes

June 19, 2001

This month’s meeting was hosted by Bonita White, Director OS/ASMB/OHR/EEO Programs Group, Department of Health & Human Services, at the Hubert H. Humphrey Building, Conference Room 510E Ms. Delia L. Johnson and Mr. Jorge E. Ponce, Council Co-Chairs, convened the meeting at 1:00 pm.

The following Council Officers were present:

Delia L. Johnson, Co-Chair
Jorge E. Ponce, Co-Chair
Era L. Marshall, Co-Vice Chair

Ana Ortiz, Co-Vice Chair

Carmen Duncan, Co-Secretary

Letter to President Bush

Jorge Ponce reported that the White House had sent a response letter on June 5, 2001. The letter was short, and was signed by Clay Johnson, Assistant to the President for Presidential Personnel and Deputy to the Chief of Staff. The highlight of the letter stated, “the Office of Presidential Personnel strives to gather all the information possible to select the best men and women to serve in the Bush-Cheney Administration. Suggestions from organizations such as yours are very helpful in attaining this goal.”

Reasonable Accommodation Presentation

Sharon Rennert, Senior Attorney Advisor, Office of Legal Counsel, EEOC, gave a presentation on reasonable accommodation procedures. Those wishing to ask Ms. Rennert additional questions may contact her at 202 663-4676.

Following are highlights from Ms. Rennert’s presentation regarding her suggestions for preparing the written procedures for processing reasonable accommodation requests, which federal agencies have to submit to EEOC by July 26, 2001, per Executive Order 13164:

1) How will employees access the reasonable accommodation process? 2) allow employees to submit requests orally and in writing; 3) agencies may develop and use a written confirmation form to assist in record-keeping when a person makes an oral request (see EEOC’s form as an example); 4) the time frame starts when the oral request is made; 5) give as much authority to supervisors in the decision making role as it is possible; 6) procedures must explain the interactive process and the medical documentation that is required, unless the disability is obvious; 7) if it is unclear whether the applicant or employee has a Rehabilitation Act disability, the procedures should identify who will make this determination. This includes engaging in an interactive process with the individual to ask appropriate questions, and if necessary, gather relevant documentation. (EEOC chose to give this responsibility to its Disability Program Manager); 8) must have a confidentiality provision (i.e., do not generally have to disclose name of an individual or his/her disability to certain individuals or offices that may need to be consulted as part of the process, such as the architectural staff. Instead, it generally should be sufficient to disclose the nature of the limitations created by the disability); 9) if the agency lacks a centralized fund for reasonable accommodations, this is a great opportunity to raise this issue. EEOC is funded at approximately $60,000. (However, federal agencies should look into the possibility of signing a memorandum of understanding with the Department of Defense’s Computer/Electronic Accommodation Program (CAP) to provide reasonable accommodations at no cost to the agencies. For additional information on this option, go to http://www.tricare.osd.mil/cap); 10) while the E.O. requires time frames for this process, there may be limited extenuating circumstances that necessitate extending the time to process the request, and, if appropriate, provide a reasonable accommodation. EEOC encourages agencies to include these when preparing their procedures. EEOC does not consider the following examples as extenuating circumstances: being outside the office or the agency’s lack of an appropriation bill. However, when an individual’s doctor does not supply the required medical documentation on time, this is an extenuating circumstance; 11) reassignment provisions have to be addressed. EEOC provided 60 days to process reassignment requests; 12) denials must be in writing and they have to be specific; 13) no new rights are provided by the procedures; 14) agencies will have to provide EEOC with a copy of their procedures and any subsequent changes; 15) agencies should offer training on the new procedures, especially those who are working with them.

508 Presentation

Barbara Iba (Special Emphasis & Disability Program Manager, DHHS) and John Halverson (Special Assistant to the Director, Office of Civil Rights, DHHS) gave a presentation on processing complaints under section 508 of the Rehabilitation Act.

Questions regarding the processing of complaints on the 508 regulations at DHHS can be handled by Ms. Iba at 202 690-7848.

DHHS Hispanic Employment Program  

Bonita White stated that DHHS will have a preconference workshop, during its Hispanic Heritage Month Program, to brief its managers on the Hispanic demographics and the available employment authorities to increase the number of Hispanics at DHHS.

The Co-Chairs adjourned the meeting at 3:15 pm.