Reasonable Accommodation

The James Madison Memorial Fellowship Foundation will provide reasonable accommodation to qualified employees as well as fellowship applicants with disabilities. Employees, applicants for employment and fellowship applicants should contact the EEO Coordinator, Clare Iglesias by either email ciglesias@jamesmadison.gov or by telephone (571-858-4202) with requests for reasonable accommodation. Requests should include a general description of the type of accommodation needed or the nature of the disability. An initial response to the request will be made within two business days. The response will outline whether the request is granted, additional information is required, or the request is denied. Requests will only be denied if the accommodation would post an undue hardship on the James Madison Memorial Fellowship Foundation. The denial can be appealed to the Chief of Staff and Academics. Appealed denials will be reviewed and decided upon within 30 days of the date of denial. The Equal Employment Opportunity Commission (EEOC) is responsible for the implementation of law in this area. If you are seeking employment with the James Madison Memorial Fellowship Foundation or with another branch of government, you may find additional information from the Office of Personnel Management or the Department of Labor.

It is the policy of the James Madison Memorial Fellowship Foundation to provide access and employment opportunities to qualified employees and applicants with disabilities. The Foundation will provide a reasonable accommodation when a qualified employee or applicant for employment with a disability needs it: to have an equal opportunity to apply to and compete for an open position; to gain access to the workplace; to perform essential functions of their job; or to enjoy equal access to benefits and privileges of employment that are available to individuals without disabilities.

The Foundation is committed to processing requests for reasonable accommodation in a timely, efficient, and fair manner and to maintaining open and frequent communication to ensure employees are aware of accommodation options, the status of requests, and their responsibilities under this Policy and its accompanying Procedures (including, for example, their obligation to cooperate fully and the prohibition from retaliating against any individual for participation in the reasonable accommodation process). The Foundation treats all specific requests for reasonable accommodation, and all information and accompanying medical documentation provided during the reasonable accommodation process, as confidential. The Foundation will provide reasonable accommodation for a qualified employee or applicant unless doing so would cause an undue hardship. This policy implements the requirements set forth under Section 501 of the Rehabilitation Act of 1973 (29 C.F.R. § 1614.203(d)(3)) and Executive Order 13164 by establishing requirements for processing requests for reasonable accommodations. This Policy applies to all employees and applicants for employment. This Policy creates no new enforceable rights under any law, rule, or regulation. It is intended only for internal management, and it provides guidance to Foundation employees and applicants. It does not create any right or benefit, substantive or procedural, enforceable at law or equity by any party against the Foundation (including its officers, employees, representatives, and other agents) or the United States. This Policy as well as the Procedures will be made available to job applicants and employees in accessible formats. Individuals with disabilities who need a copy in accessible alternative formats (e.g., braille or large print) should notify the EEO Coordinator.

In furtherance of this policy, the Foundation uses the following definitions:

Disability: To be eligible for a reasonable accommodation, an individual must either have a physical or mental impairment that substantially limits a major life activity or must have a record (a history) of a physical or mental impairment that substantially limited a major life activity. Determination of disability for the purposes of Reasonable Accommodation will be based on the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) which requires a broad interpretation of the term “Disability” and generally does not require extensive analysis.

Essential Functions: Essential functions are those job duties that are fundamental to the position that the individual holds or desires. A function can be “essential” if, among other things: the position exists to perform the function; a limited number of other employees are available to perform the function; or the function is highly specialized, and the individual is hired based on their ability to perform that function. Determination of whether a particular function is essential must be made on a case-by-case basis in consultation with Human Resources and the Foundation staff. Evidence of whether a particular function is essential include, for example: the Foundation's judgement, a written position description, the amount of time spent on the function, consequences of not requiring the individual to perform the function, the work experience of past or current incumbents in the same or similar jobs.

Extenuating Circumstances: Factors that could not reasonably have been anticipated or avoided in advance of the request for accommodation or limited situations in which unforeseen or unavoidable events prevent prompt processing or delivery of a request for an accommodation (e.g., requests for evaluation of medical documentation, identified software - such as a Screen Reader - is not compatible with existing equipment, requested equipment is backordered and cannot be procured quickly from any supplier).

Health Care Provider: A person who is licensed to practice in the applicable field of health care that includes the diagnosis and assessment of the particular disability or disabilities in question.

Interactive Process: An information-gathering approach used by an employer with the employee to evaluate a request for accommodation. It is intended to be a flexible approach that centers on the communication between an employer and the individual requesting reasonable accommodation but may (and often does) involve obtaining relevant information from a supervisor as well as an individual’s health care provider. This process begins upon receipt of an oral or written request for reasonable accommodation. The person who will decide whether to grant or deny a reasonable accommodation engages in a discussion with the requestor and other relevant individuals (e.g., a supervisor, a requestor’s health care provider, operations, information technology, etc.) to collect whatever information is necessary to make an informed decision about whether the requestor is covered as a qualified individual with a disability and, if so, whether a reasonable accommodation is available that will effectively eliminate the barrier identified by the requestor (permitting an equal opportunity to apply for a job, to perform a job, to gain access to the workplace, or to enjoy the benefits and privileges of employment) without causing the Foundation an undue hardship.

Interim Accommodation: A temporary or short-term measure put in place while a request for an accommodation is being considered or until a granted accommodation is available to be provided.

Major Life Activities: Functions that the average person in the general population can perform with little or no difficulty. Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Major life activities also include the operation of major bodily functions: immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

Mental Impairment: Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness (depression, bipolar disorder, anxiety disorders), schizophrenia, and specific learning disabilities.
Physical Impairment: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems such as neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, immune systems, respiratory, genitourinary, hemic, circulatory and lymphatic, skin, normal cell growth, and endocrine system.

Qualified Individual with a Disability: An applicant or employee with a disability who, with or without a reasonable accommodation, can (1) satisfy the requisite skill, experience, education, and other job-related requirements of the position and (2) can perform the essential functions of the position without posing a direct threat (e.g., a significant risk to the health and safety of themselves or others).

Reasonable Accommodation: Any change in the workplace or in the way things are customarily done that provides an equal employment opportunity to an individual with a disability. The Foundation provides reasonable accommodation when an applicant with a disability needs an accommodation to have an equal employment opportunity in the application process; when an employee with a disability needs an accommodation to perform the essential functions of the job held or desired or to gain access to the workplace; and when an employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, teambuilding events).

Reassignment: Reassignment is the reasonable accommodation of last resort. It is not available for applicants for employment but may be provided to an employee who, because of a disability, can no longer perform the essential functions of their current job, with or without reasonable accommodation. A reassignment is made only to a vacant and funded position that the Foundation has authorized to be filled at the time of the accommodation request, that the Foundation intends to fill, and for which the employee is qualified and can perform the essential functions of the new position. Where feasible, reassignment is to an equivalent position, but if no equivalent position is available, reassignment may be to a lower-level position that is as close as possible to the employee’s current position. If the employee is qualified for such a position and the Foundation chooses to offer it as an accommodation, the employee will be reassigned to the new job and will not have to compete for it. The Foundation is not required to create a new position to accommodate an individual with a disability.
Request for Reasonable Accommodation: A statement made regarding a physical or mental impairment that requires an adjustment or change needed at work, in the application process, or to have equal benefits or privileges of employment. A request can be made either orally or in writing at any time. It does not have to include any special word such as “reasonable accommodation,” “disability,” “Rehabilitation Act,” or “ADA.”

Targeted Disability: A disability that is designated as a targeted disability or health condition by the U.S. Office of Personnel Management. See the OPM website for more information.

Undue Hardship: Undue hardship means that an employer would incur significant difficulty or expense in providing a certain reasonable accommodation. The law does not require the Foundation to provide a reasonable accommodation that causes an undue hardship. Determination of undue hardship is always made on a case-by-case basis, considering such factors as the nature and net costs of the accommodation, the overall financial resources of the Foundation, and the impact of the accommodation on the operations of the Foundation, including the impact on the Foundation’s ability to conduct business and fulfill its mission. Most undue hardship assessments involve non-financial considerations, such as the timely performance of job duties and the ability to effectively serve the public or other Foundation stakeholders. The Foundation will consider the resources of the Foundation as a whole, not simply the budget of a specific office, when determining whether an accommodation imposes an undue hardship. However, when assessing resources as a whole, the Foundation does not need to include any funding Congress designates for a specific purpose that does not include the provision of reasonable accommodation, or any money restricted by donors for a specific purpose that does not include the provision of reasonable accommodation.

The Requestor (Employee or Applicant) initiates a request for reasonable accommodation as needed. Generally, an employee or applicant must inform the Foundation of a need for an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition but need not use specific words (e.g., “disability,” “reasonable accommodation,” “ADA,” “Rehabilitation Act,” etc.); the requestor cooperates throughout the reasonable accommodation process (failure on the part of the employee or applicant to cooperate in the interactive process may result in a denial of the reasonable accommodation request); the requestor promptly provides all completed forms and any requested medical information about the disability, limitations, and need for accommodation to the Foundation; the requestor submits any requests for reconsideration of a reasonable accommodation decision to the EEO Coordinator within ten (10) business days of receiving a denial of their request; and the requestor is familiar with the Policy and Procedures.

The EEO Coordinator will process all requests for reasonable accommodations under this Policy and Procedure; act as the deciding official, determining whether a request for reasonable accommodation will be approved; research options for reasonable accommodations and make recommendations; including determining the essential functions of a position, requesting supplemental medical documentation, and granting or denying a request for reasonable accommodation; participate in ongoing communication with all parties involved in the reasonable accommodation process; protect the confidentiality of medical information collected to support accommodation requests; work with necessary employees within the Foundation to obtain equipment or services needed as accommodations; make determinations on reasonable accommodation requests; track requests and decisions on reasonable accommodations in a confidential database; ensure that all required forms are completed and securely maintained; and coordinates with the EEO office to complete reporting requirements and obtain technical assistance. The EEO Coordinator will also be responsible for the Reasonable Accommodation Policy and Procedures; ensure that employees receive sufficient training about relevant laws and reasonable accommodation requirements, report information about the Foundation’s reasonable accommodation program to the EEOC; monitor the Foundation’s compliance with applicable laws and reasonable accommodation requirements and makes recommendations for improvement; and safeguards any confidential information received in connection with the reasonable accommodation process.

The EEO Coordinator will oversee the Reasonable Accommodation process administered under this Policy and Procedures; review requests for reconsideration filed by employees or applicants; issue final decisions on request for reconsideration; consult with the General Counsel as needed, including before making a final decision on a request for reconsideration; designate another employee as a backup for the EEO Coordinator when they are on leave or otherwise unavailable; and safeguard any confidential information received in connection with the reasonable accommodation process.

Generally, an employee or applicant must inform the Foundation of a need for an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition. An individual need not have a particular accommodation in mind before making a request. An employee or applicant may request a reasonable accommodation at any time, orally or in writing. The reasonable accommodation process begins as soon as a request is made either orally or in writing. A request does not have to include any special word such as “reasonable accommodation,” “disability,” “Rehabilitation Act,” or “ADA.” An employee or applicant does not have to specify a particular type of accommodation, although it is helpful if they can suggest one or more accommodations, they believe will be effective. It is sufficient for the individual requesting accommodation to state that some sort of change or assistance is required based on a medical condition to begin the reasonable accommodation process. If a management official directly receives a reasonable accommodation request from an employee or applicant, that individual should forward the request to the EEO Coordinator as soon as practicable and within 3 business days of receipt. If the nature of the initial communication is unclear, the employee should contact the EEO Coordinator. If necessary, the EEO Coordinator will ask the employee or applicant whether they are requesting a reasonable accommodation. While the EEO Coordinator will process all requests for reasonable accommodations, supervisors and managers often will need to be consulted about specific requests to ensure that any accommodation proposed will enable the individual to perform the essential functions of their job. A family member, health professional, or other representative may request an accommodation on behalf of a Foundation employee or applicant for employment. For example, (1) a doctor’s note outlining medical restrictions for an employee that affects the employee’s ability to perform a certain job function or (2) a call from an employee’s spouse notifying a supervisor that the employee is undergoing emergency surgery and will be out may constitute a request for an accommodation, thus triggering the interactive process.

For applicants, information about contacting the EEO Director will be in the vacancy announcement and posting. Applicants may also request accommodations from another official connected with the announcement. If, however, an employee knows that a disability, such as an intellectual disability, prevents a person from asking for a reasonable accommodation, and it appears that one may be needed, the employee should contact the EEO Coordinator and request that they ask the individual if an accommodation is needed. The request should be forwarded as soon as possible but no later than 3 days of receipt.

Foundation employees should generally request a reasonable accommodation directly from the EEO Coordinator but are not required to do so. If an employee prefers to submit the request to someone other than the EEO Coordinator, the employee may submit their request to another employee. If an employee makes a reasonable accommodation request to someone other than the EEO Coordinator, the recipient must forward the request as soon as practicable, but no later than within 3 business days of receipt. When an employee or third party makes an oral request, the EEO Coordinator must ensure completion of a “Confirmation of Request” Form. An individual does not have to fill out the Confirmation of Request Form in order for the interactive process to begin but will either be asked to complete the Confirmation of Request Form or the EEO Coordinator must fill out the Form on the requestor’s behalf. An individual may request reasonable accommodation regardless of whether they have previously received or been denied an accommodation. In some situations, a new request may indicate that circumstances have changed (e.g., the disability has worsened, or an employee has been assigned new duties that require an additional or different reasonable accommodation). If another employee receives the request, they must forward it to the EEO Coordinator. They may not refuse to process a request for reasonable accommodation, and a reasonable accommodation may not be denied, based on a belief that the accommodation should have been requested earlier (e.g., during the application process or upon beginning a new position). When an employee requests a type of accommodation that will be needed on a repeated basis (e.g., a sign language interpreter or reader), the requestor is not required to submit a new reasonable accommodation request each time the accommodation is needed. Once the accommodation is approved for the first time, an employee may obtain the accommodation by notifying the EEO Coordinator that the accommodation is needed.

A reasonable accommodation enables an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits including office common areas and office events. Some examples of reasonable accommodations include: modifying work schedules; altering how or when job duties are performed; removing and/or substituting a marginal function; modifying an employee’s office space; providing telework beyond that generally provided under the Foundation’s Telework Policy; making changes in workplace policies (e.g., through granting additional breaks or providing additional unpaid leave); providing assistive technology, including information technology and communications equipment or special furniture; reconfiguring a work space through, for example, removing an architectural barrier; providing materials in alternative formats (e.g., Braille, large print); and providing a reassignment to another available position at the same or lower level in some circumstances.

Some examples of actions that are not reasonable accommodations include: removal of an essential job function; rescinding discipline for misconduct or performance-based actions; provision of personal use items such as a hearing aid that is needed on and off the job

Reassignment is the accommodation of last resort. When an employee needs, or may need, a reassignment: the EEO Coordinator should explain that reassignment will only be considered if no other accommodations are available to enable the individual to perform the essential functions of their current job, or if the only effective accommodation (other than reassignment) would cause undue hardship. They must also explain that reassignment means an employee may be placed in a vacant funded position that is authorized to be filled and that the Foundation intends to fill and for which the employee is qualified and can perform the essential functions of the job. Note that reassignment is not available to applicants for employment but only to Foundation employees. If the EEO Coordinator determines that there is no other reasonable accommodation to permit an employee to perform the essential functions of the employee’s current position, they must ask if the employee would like the EEO Coordinator to search for a possible reassignment. If the employee wants the EEO Coordinator to check for any vacancies, the EEO Coordinator must do so.

Reassignment is to an equivalent position, when possible, but if no equivalent position is available, reassignment may be to a lower-level position that is as close as possible to the employee’s current position. In considering whether there are positions available for reassignment for which the employee is qualified with or without reasonable accommodation, the EEO Coordinator will work with both other Foundation staff and the employee requesting reassignment to identify: vacant funded positions within the Foundation that are currently advertised; currently authorized and funded vacant positions that are no longer being advertised but for which no hiring decision has yet been made; and vacant funded positions that have been authorized to be filled that have not yet been advertised but are intended to be advertised within 30 days. Upon completion of searching for vacancies that fall within the above three categories, the search is over. If the EEO Coordinator determines that the employee is qualified for a particular vacancy, it may be offered to the employee as an accommodation. If they do not find an appropriate vacancy, the results will be conveyed to the employee.

The Foundation will process requests for reasonable accommodation, where appropriate, in a prompt and efficient manner in accordance with the time frames set forth in the Procedures. Sometimes the Foundation may be able to address an employee’s disability related needs outside the reasonable accommodation process and may take steps, solely at its discretion, beyond those required by law. The EEO Coordinator is responsible for processing requests for reasonable accommodation. The Executive Secretary will designate another staff member to act as a backup when the EEO Coordinator is on leave or otherwise unavailable.

Generally, after a request for accommodation has been made, the EEO Coordinator will begin the interactive process to determine what, if any, accommodation should be provided. This means that the individual requesting the accommodation, and the EEO Coordinator, must communicate with each other about the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and what accommodation(s) may be effective in meeting an individual’s needs. Upon notification of the request, the EEO Coordinator will contact the employee or applicant as soon as practicable, and typically no later than 7 business days of receipt of the request unless extenuating circumstances exist, to begin discussing the accommodation request. They may ask the individual for reasonable documentation about their disability and functional limitations. They are entitled to know that the individual has a covered disability for which they need a reasonable accommodation. Such information may not be necessary if the disability is apparent (e.g., the requestor is blind or has paralysis) or if the disability is already known to the Foundation (e.g., a prior request substantiated that a disability existed and there has been no change in the individual’s medical condition or essential functions). Ongoing communication is a priority throughout the entire process, but particularly when the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the requestor is seeking a reasonable accommodation that is different from the effective accommodation(s) identified by the EEO Coordinator. They should update the requestor throughout this process. When a third party (e.g., an individual’s doctor or spouse) requests accommodation on behalf of an applicant or employee, the EEO Coordinator should, if possible, confirm with the employee or applicant that they want a reasonable accommodation before proceeding. Where this is not possible, for example, because the employee has to undergo emergency surgery, the EEO Coordinator will begin to process the third party’s request and will consult directly with the individual needing the accommodation as soon as practicable. They may also need to consult with other Foundation personnel or outside sources to obtain information necessary for deciding about the request. The Foundation expects that all Foundation employees will give a high priority to responding quickly to the EEO Coordinator’s request for information or assistance. A co-worker who believes that an employee no longer needs a reasonable accommodation should contact the EEO Coordinator (not the employee). They will decide if there is a reason to contact the employee to discuss whether they have a continuing need for reasonable accommodation. They should also follow up with the requestor periodically to check in on how the accommodation granted is working.

Medical documentation may be required to support the request for an accommodation. When a requestor’s disability and/or need for accommodation are not apparent or already known, the requestor will be required to provide reasonable documentation regarding the disability, the requestor’s functional limitations, the expected duration of the impairment and how the reasonable accommodation would benefit the requestor. A disability is apparent or already known when it is clearly visible, or the requestor previously provided medical information showing that the condition meets the legal definition of a disability and that it will continue for a long duration or permanently. The requestor of an accommodation should forward medical documentation directly to the EEO Coordinator. At a minimum, documentation must include: Diagnosis of medical condition; Prognosis (the nature, severity, and duration of the impairment); Affected major life activities; Impact of condition on performance of the job; and Requested accommodation and how the accommodation will help the individual perform the job, apply for the job, or have an equal benefit of the workplace. The Foundation will not request information unrelated to the disability. The Foundation may have medical information provided by an individual or their health care provider reviewed by a medical professional of the Foundation’s choosing, at the Foundation’s expense and in consultation with OGC. If the initial information provided by the requestor’s health care provider or volunteered by the requestor is insufficient to determine whether the individual has a disability, to design an appropriate and effective accommodation, and/or to otherwise support the request for an accommodation, the EEO Coordinator will explain what additional information is needed and why. In determining whether documentation is sufficient, the Foundation will be guided by applicable law and EEOC guidance. The Foundation may deny a reasonable accommodation request if the individual fails to provide sufficient documentation or refuses to cooperate in the Foundation's effort to obtain documentation. If an individual has already submitted medical documentation in connection with a previous request for accommodation, the individual should immediately inform the EEO Coordinator. They will then determine whether additional medical information is needed to process the current request. Under law, information obtained in connection with the reasonable accommodation process must be kept confidential. This means that the existence of an accommodation request, details of the request, whether the request has been approved or denied, and information about functional limitations of the requestor, all must remain confidential. All medical information obtained in connection with a request for reasonable accommodation must be kept in files separate from the employee’s personnel file. Any other employee who obtains or receives such information is strictly bound by these confidentiality requirements. Requestors should submit medical documentation to the EEO Coordinator. Co-workers should not accept or open any medical documentation from employees or applicants and should direct the requestor to provide the medical documentation to the EEO Coordinator. They may share certain information with an employee’s other staff as necessary to make appropriate determinations on a reasonable accommodation request. For example, the Administrative Officer may need certain information to advise about equipment. When they must reveal the name of the individual requesting reasonable accommodation, they will inform the recipient about these confidentiality requirements. The information disclosed must be no more than is necessary to obtain assistance/advice from other employees. In many situations, the EEO Coordinator will not need to reveal the name of the requestor or the underlying medical diagnosis giving rise to the need for an accommodation. As long as the name of the requestor or any other identifying information is not revealed, even if sharing information about functional limitations, confidentiality is maintained. In addition to disclosures of information needed to process a request for accommodation, other disclosures of medical information are permitted as follows: supervisors and managers who need to know may be told about necessary restrictions on the work or duties of the employee and about the necessary accommodation(s); first aid and safety personnel may be told if the disability might require emergency treatment or assistance in evacuation; worker’s compensation officials may receive medical information in order to process or evaluate claims for this benefit; and government officials may be given information necessary to investigate compliance with the Rehabilitation Act.

The time limit for either providing and/or denying an accommodation starts as soon as the accommodation is first requested. The Foundation will process requests for accommodation and provide reasonable accommodation in as short a time frame as practicable. However, the time necessary to process a request will depend on the nature of the accommodation requested and whether it is necessary to obtain supporting information. The EEO Coordinator should generally contact the requesting individual to acknowledge the receipt of the request as soon as practicable and generally within 7 business days. If the request is made to someone else, such as a HR, the EEO Manager or a supervisor, that individual must forward the request to the EEO Coordinator as soon as practicable and generally within 3 business days of receipt to allow timely processing of the request. The EEO Coordinator must have a designated back-up to receive and process requests for accommodation when they are unavailable.

In certain circumstances, a request for accommodation must be processed in an expedited manner. Therefore, the EEO Coordinator needs to move as quickly as practicable to, if appropriate, provide a reasonable accommodation. Expedited processing may be necessary where the accommodation is needed to enable an individual to apply for a job or for a specific Foundation activity scheduled to occur shortly. 30 Business Days: If a request for an accommodation can be processed without supporting medical information and there are no extenuating circumstances, the EEO Coordinator will either provide a requested accommodation or deny the request, within the 30-business day timeframe from the date the accommodation is first requested. The full 30 business days may be needed to engage in the interactive process and collect all relevant information about possible accommodation. There should be no delay beginning this process. Where an accommodation can be provided in less than the maximum time frame, failure to provide an accommodation in a prompt manner may result in a violation of the Rehabilitation Act.

30 Business Days Plus Time for Medical Documentation: If medical information is needed to determine whether the requestor has a disability, the limitations of that disability, or to determine what reasonable accommodations may be effective, the EEO Coordinator will give the requestor an Authorization Form and an Inquiry Form as soon as practicable and generally before the expiration of the 30 days. The requestor should make every effort to ensure that the medical documentation is received by the Foundation within 14 business days from employee’s receipt of the request for documentation. If the EEO Coordinator must request medical information or documentation from a requestor’s health care provider, the time limits will stop on the day that the EEO Coordinator makes a request to the individual to obtain medical information or sends out a request for information/documentation. The time limits will resume on the day that the information/documentation is received by the EEO Coordinator. The Foundation will not be expected to adhere to its usual time frames if an individual’s health professional fails to provide needed documentation in a timely manner.

Extenuating Circumstances are circumstances that could not reasonably have been anticipated or avoided in advance of the request for accommodation, or that are beyond the Foundation’s ability to control. When extenuating circumstances are present, the 30-business day timeframe for processing a request for reasonable accommodation and providing the accommodation will be extended as reasonably necessary to deal with the extenuating circumstance. The Foundation will notify the individual of the reason for the delay and when the EEO Coordinator expects to conclude processing the request. As discussed below, the EEO Coordinator will also determine if an interim accommodation is possible. An interim accommodation may also be provided in certain circumstances. For example, the Foundation may provide an interim accommodation if they have received sufficient information in the interactive process to believe it is reasonably likely that an employee will be entitled to a reasonable accommodation, even while awaiting additional information needed to make a final decision. If there is a delay in providing an accommodation that has been approved, the EEO Coordinator will investigate whether interim accommodations can be taken to assist the employee. These measures could include providing a reasonable accommodation on a temporary basis or temporarily providing a less effective form of reasonable accommodation. For example, there may be a delay in receiving adaptive equipment for an employee with a vision disability. During the delay, the Foundation might arrange for readers. This temporary measure may not be as effective as the adaptive equipment, but it will allow the employee to perform as much of the job as possible until the equipment arrives. In addition, when there is a delay and in consultation with OGC, the Foundation may provide measures that are not reasonable accommodations within the meaning of the law (e.g., temporary removal of an essential function) if (1) the measures do not interfere with the operations of the employee’s unit and (2) the employee is clearly informed in writing that they are being provided the measure only on a temporary, interim basis. Additionally, if a delay is attributable to the need to obtain or evaluate medical documentation and the Foundation has not yet determined that the individual is entitled to an accommodation, the Foundation may provide an interim accommodation on a temporary basis. In such a case, the EEO Coordinator will notify the individual in writing that the accommodation is being provided on a temporary basis pending a decision on the accommodation request.

The official who grants or denies a request for accommodation will know how to arrange for the use of Foundation resources to provide the accommodation, including any centralized fund the Foundation may have for that purpose. As soon as the Foundation determines that a reasonable accommodation will be provided, the EEO Coordinator should contact the supervisor to discuss implementation of the decision. The final decision should be promptly communicated to the individual in writing (Approval of Request, Denial of Request). If the accommodation cannot be provided immediately, the Foundation must inform the individual of the projected timeframe for providing the accommodation and whether the Foundation will provide an interim accommodation that allows the individual to perform some or all of the essential functions of their job.

In granting an employee or applicant’s request for an accommodation, the Foundation may choose among reasonable accommodations as long as the chosen accommodation is effective. Thus, as part of the interactive process, the Foundation may offer alternative suggestions for reasonable accommodations and discuss their effectiveness in removing the workplace barrier that is impeding the individual with a disability. If there are two possible reasonable accommodations, and one costs more or is more burdensome than the other, the Foundation may choose the less expensive accommodation as long as it is effective (i.e., it would remove a workplace barrier, thereby providing the individual with an equal opportunity to apply for a position, to perform the essential functions of a position, or to gain equal access to a benefit or privilege of employment). Similarly, when there are two or more effective accommodations, the Foundation may choose the one that is easier to provide. In either situation, the Foundation does not have to show that it is an undue hardship to provide the more expensive or more difficult accommodation. If more than one accommodation is effective, the preference of the individual with a disability should be given consideration. However, the Foundation has the ultimate discretion to choose between effective accommodations.

When a requested accommodation is denied, either in whole or in part, the decision memorandum will explain the specific reason(s) for the denial and/or the reason(s) any alternative accommodation was determined to be effective. If the Foundation has determined that the request for accommodation will be denied either because the requester is not a qualified individual with a disability, no reasonable accommodations are available to allow the individual to perform the essential functions of their job, and/or the reasonable accommodations would cause the Foundation undue hardship, the EEO Coordinator will provide a job applicant or employee who is denied a reasonable accommodation with a written notice at the time of the denial using the “Denial of Request" form and will make it available in an accessible format when requested. The explanation for the denial should be written in plain language, clearly stating the reasons for the denial. As appropriate, the denial will explain: The reasons the accommodation would not be effective. The reasons that providing the accommodation would result in undue hardship. Medical documentation is inadequate to establish that the individual has a disability or needs a reasonable accommodation. Requested medical documentation was not provided. The accommodation would require the removal of an essential function. The requested accommodation would require the lowering of performance or production standards. Requests for accommodation are not denied for reasons of cost and individuals with disabilities are not excluded from employment due to the anticipated cost of a reasonable accommodation, if the resources available to the Foundation as a whole, excluding those designated by statute or by donors for a specific purpose that does not include reasonable accommodation, would enable it to provide an effective reasonable accommodation without undue hardship. The written denial will include any internal appeal rights or informal dispute resolution processes available and associated time frame(s). In addition, the written denial will explain that employees or applicants whose accommodation requests have been denied have the right to file an EEO complaint, pursuant to 29 C.F.R. § 1614.106, include instructions on how to file an EEO complaint, and explain that the individual must initiate contact with the EEO Manager within 45 days of the denial, regardless of whether the individual participates in an informal dispute resolution process.

An individual dissatisfied with the resolution of a reasonable accommodation request can ask the EEO Coordinator to reconsider their decision. The individual may present additional information in support of their request. The individual must make a request for reconsideration within 10 business days of receiving a denial. The EEO Coordinator will respond to the request for reconsideration in writing within 15 business days unless extenuating circumstances apply. An individual dissatisfied with the decision may also ask to participate in the Foundation’s Conflict Resolution Program, which provides voluntary mediation. Seeking a request for reconsideration or participating in Alternative Dispute Resolution will not extend the time limits for initiating administrative or statutory claims (e.g., the time limits for bringing a claim under the Foundation’s EEO complaint process or for federal employees to bring a claim before the Merit Systems Protection Board (if applicable)). These procedures do not satisfy the requirements of or stop the time limits for bringing a formal claim under the EEO complaint process and/or before the Merit Systems Protection Board (Federal employees only.) Requirements governing the initiation of these statutory claims remain unchanged, including the time frames for filing such claims. An individual who chooses to pursue statutory remedy for denial of reasonable accommodation must: For an EEO complaint: contact the EEO Coordinator within 45 days from the date of receipt of the written notification which must be provided at the same time the staff communicates the denial. For adverse actions over which a federally funded employee believes that the Merit Systems Protection Board has jurisdiction: initiate an appeal to the MSPB within 30 days of the appealable adverse action as defined in 5 C.F.R. § 1201.3. These procedures create no new enforceable rights under any law, rule or regulation. They are intended only for internal management and provide guidance to Foundation employees and applicants. They do not create any right or benefit, substantive or procedural, enforceable at law or equity by any party against the Foundation (including its officers, employees, representatives, and other agents) or the United States.

Section 508 Accessibility Policy

Purpose

The purpose of this policy is to ensure that the James Madison Memorial Fellowship Foundation’s electronic and information technology (EIT) is accessible to all individuals, including those with disabilities, in compliance with Section 508 of the Rehabilitation Act.

Scope

This policy applies to all EIT procured, developed, maintained, or used by the James Madison Memorial Fellowship Foundation.

Policy Statement

The James Madison Memorial Fellowship Foundation is committed to providing access to our electronic and information technology for all employees and members of the public with disabilities.

Standards

• EIT must comply with the applicable technical standards of Section 508.
• Web content must follow the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards.

Procurement

• All EIT procurements will include requirements for compliance with Section 508 standards.
• Vendors must provide a Voluntary Product Accessibility Template (VPAT) or equivalent information detailing how their product meets Section 508 standards.

Responsibilities

• The Foundation’s Section 508 Coordinator is responsible for policy enforcement and periodic reviews.
• All staff are responsible for ensuring that the EIT they use or create meets Section 508 standards.

Complaints and Grievances

• Individuals may report non-compliance to the Section 508 Coordinator.
• The Foundation will investigate and resolve complaints in a timely manner.

Training

• The Foundation will provide training on Section 508 compliance to all relevant employees.

Review and Updates

• This policy will be reviewed annually and updated as necessary to ensure ongoing compliance with Section 508 standards.

Contact Information

• Section 508 Coordinator: Oliver Alwes
• Address: 1613 Duke St, Alexandria, VA, 223141
• Phone: 571-858-4208
• Email: oalwes@jamesmadison.gov

Accessibility Statement

The James Madison Memorial Fellowship Foundation is committed to providing accessible Electronic and Information Technology (EIT) to individuals with disabilities, including members of the public and federal employees, by meeting or exceeding the requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

The James Madison Memorial Fellowship Foundation, during the procurement, development, maintenance, or use of EIT, to make sure that individuals with disabilities have access to and use of EIT information and data comparable to the access and use afforded to individuals without disabilities (i.e., “EIT accessibility”), unless an undue burden would be imposed on the agency. The Section 508 standards are the technical requirements and criteria that are used to measure conformance with the law and incorporate the W3C Web Content Accessibility Guidelines (WCAG) 2.0. More information on Section 508 and the technical standards can be found on Section508.gov.

Making a Section 508 Inquiry or Reporting an Issue

If you believe that the Electronic and Information Technology (EIT) used by the James Madison Memorial Fellowship Foundation does not comply with Section 508 of the Rehabilitation Act, you may make a 508 inquiry or ask for help from the EEOC by emailing 508Coordinator@eeoc.gov.

To make sure we respond in a manner most helpful to you, please share the nature of your accessibility problem, the best format in which to receive the material, the web address (URL) of the material with which you are having difficulty, and your contact information.

Making a Complaint under Section 508

For information about filing a complaint against the James Madison Memorial Fellowship Foundation under Section 508, contact the Foundation’s EEO coordinator, Clare Iglesias at ciglesias@jamesmadison.gov, or the Office for Civil Rights at (202) 291-2945 or send an email to contact_ocr@eeoc.gov.

Architectural Barriers Act of 1968 (42 U.S.C. §§ 4151--57)

The Architectural Barriers Act (ABA) requires access to facilities that are designed, built, altered, or leased with Federal funds. The Access Board is the federal agency responsible for enforcing the ABA. The Access Board's accessibility standards are available on their website at www.access-board.gov/guidelines-and-standards/buildings-and-sites/about-the-aba-standards.

If you believe that the James Madison Memorial Fellowship Foundation’s physical facility that is designed, built, altered, or leased with Federal funds by the James Madison Memorial Fellowship Foundation does not comply with the Architectural Barriers Act (ABA), contact the Foundation’s EEO coordinator, Clare Iglesias at ciglesias@jamesmadison.gov.