Reasonable accommodation process for state Executive Branch employees

MOD can help you understand the reasonable accommodation process and how to appeal a decision if a request is denied

If you are a state employee with a disability working in an Executive Branch agency and you need a reasonable accommodation, the Massachusetts Office on Disability (MOD) can offer information and technical guidance on navigating the process.

A reasonable accommodation is a change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities without undue burden to the employer. Executive Order 592 requires all Executive Branch agencies to follow a particular process in evaluating reasonable accommodation requests and appeals. This page helps state employees understand how that process works and how to navigate it. 

Rights and protections for state employees with disabilities

There are state and federal anti-discrimination laws that protect the rights of employees with disabilities, including state employees. We provide detailed guidance about these laws and tips on how to request a reasonable accommodation on Disability Rights in Employment, which we strongly recommend you read.

Massachusetts state employees are also covered by Executive Order 592 (EO 592). EO 592 aims to advance workforce diversity, inclusion, equal opportunity, non-discrimination and affirmative action. It requires Executive Branch agencies to follow a specific procedure for the response, evaluation, and implementation of reasonable accommodations. This procedure ensures that there is consistency among agencies in the way reasonable accommodation requests are handled. The process requires that:

• reasonable accommodation decisions be made in a timely manner,
• there is sufficient opportunity for interactive dialogue, and
• there is an internal appeal process available that allows decisions to be reviewed outside of the employee’s agency.

Self-identification

EO 592 requires all state agencies to develop and implement affirmative action and diversity plans. This relies on identification of employees who are members of under-represented groups in order to evaluate progress towards diversity and equal opportunity goals. For this reason, employees with disabilities are periodically invited to voluntarily self-identify as having a disability, but are under no obligation to do so.

Self-identification is completely independent of the reasonable accommodation process: you do not need to self-identify to request an accommodation and requesting an accommodation does not cause you to be counted as a person with a disability in the diversity reports.

For more information read disability self-identification frequently asked questions.

How self-identification information is used

Since self-identification is used for affirmative action purposes, your status as a person with a disability may be shared with hiring managers and HR staff in order to assist the agency in meeting its diversity goals. The information is also used by the ADA Coordinator/Diversity Officer for reporting diversity metrics to the Human Resources Division (HRD).

Making a reasonable accommodation request

Executive Branch employees submit a reasonable accommodation request using an online form that forwards the request to the ADA Coordinator for their agency.

Preparation

A request that is well thought out and articulated is more likely to go through the process smoothly. MOD provides general recommendations on things to consider when requesting a reasonable accommodation. If you are unsure what accommodations might help you perform essential job duties or how to express your disability-related need, you can contact MOD for a discussion or support in drafting a reasonable accommodation request.

We also suggest you:

1. Find out the name and contact details for your agency ADA Coordinator. This allows you to follow up in case there is a delayed response. 
2. Draft your request in a blank document or a downloaded PDF version of the Reasonable Accommodation form. This helps you think through how to word your limitations and your requested accommodation. You can then copy and paste your answers into the online form and keep the document as your record of your request, which you may need to reference later.
3. You can submit supporting documentation from a medical provider, a medical release form, or other attachments with your request, but are not required to do so at this stage. The ADA Coordinator should let you know if any further information is required. 

Submitting your request

Once you have prepared your request, here are the steps to submit it:

• Open Reasonable Accommodations for Executive Department Employees. 
• Click on "Start your Reasonable Accommodation request." This will open the form for you to fill in.
• Provide contact and work information. You need to identify your agency and the secretariat (if applicable) by selecting from pulldown menus. (If you do not know the name of your secretariat or are unfamiliar with agency acronyms, you can search the Executive Branch ADA Coordinator table and use the "+" to expand results and see the full agency name as well as the agency acronym and secretariat.) If you choose the wrong agency, your request will likely be sent to the wrong person, which will cause delay.
• Provide details about the accommodation being requested, and an explanation of the disability-related limitations you have that necessitate your request. 
• If you have supporting documentation (such as a letter from a medical provider), you can attach it to your request using the "Add attachments" link near the 'Submit' button
• Make sure you have saved a copy of your request: at a minimum the "Accommodation details" and "Limitations requiring accommodation" sections. This is important since you will not automatically receive a copy of your submitted request.
• Press "Submit."

What happens next

When your request is submitted via Service Now:

• You are sent an email confirming that you submitted a request. Keep this as a record of when you made your request.
• The details of your request are sent to the ADA Coordinator for your agency.

You can anticipate that the ADA Coordinator will contact you shortly after you submit your request, to discuss your needs. This begins the interactive process. The ADA Coordinator might want additional information about your request or they may ask you to provide supporting information from one of your medical providers.

If you do not hear from your ADA Coordinator within a week, it is a good idea to contact them to ensure they have your request.

The decision

The Commonwealth’s policy is to process reasonable accommodation requests and provide a response within 20 working days of the date the request is received. In some complex cases, a full assessment may take longer. In such cases the ADA Coordinator should update you on progress every 30 days.

Once the reasonable accommodation request has been reviewed and analyzed, you will receive a letter (usually as an email attachment) from the ADA Coordinator, telling you the agency's decision. The written decision will say that the request is:

• approved in whole,
• approved in part, or
• denied.

If your request is denied (partly or entirely), the letter must include an explanation for the rationale behind the decision, and information about your appeal rights. 

What to expect if your request is approved

If your request is approved (partly or entirely), the decision letter will provide details about how the approved accommodation will be implemented.

Temporary accommodations

In some cases, a request will only be granted for a specific duration. This might happen if:

• an agency wants to evaluate whether the accommodation works operationally, or
• there is a need to evaluate whether the accommodation will still be necessary/possible after a particular time frame.  

Re-evaluation and updates to documentation

If your reasonable accommodation request is approved, your employer may contact you in the future to request updated medical information or to evaluate whether the accommodation is effective.

While it is often true that an employee’s disability-related limitations are permanent, an employer is allowed to follow up at a future date and request updated medical information. In such a case, if the accommodation is working and there is no outward indication that medical needs have changed, an employer should not be requesting updated information more frequently than once a year.

Employers may also revisit a previously granted accommodation if/when it is determined that:

• the accommodation is not effective,
• it is not needed,
• it is not working operationally, or
• business needs have changed.

For these reasons, employees should understand that an approved accommodation is not necessarily permanent.

Appealing a decision if your request is denied

If your reasonable accommodation request is denied (partly or entirely), and you disagree with the reason given, you have ten business days to appeal. There are advantages to using the internal appeal process, but you can switch to a complaint to an enforcement agency at any point in the process.

Internal appeal process (also known as the grievance process)

There are three levels of decision:

1. Agency
2. Secretariat
3. The Office of Diversity and Equal Opportunity (ODEO)

In the internal appeal process, the decision will be reviewed by the next level to decide if the decision was correct:

• If your initial decision was from an agency ADA Coordinator, then your appeal goes to the ADA Coordinator for the Secretariat agency in which your agency is housed.
• If you receive a decision (either initial or in response to an appeal) from the Secretariat ADA Coordinator, then your appeal goes to the ODEO. 

The appeal decision should be given by letter or email within 20 business days. For a denial at any level, the decision letter should contain the rationale for the decision and information on any further options for internal appeal.

If you are unsuccessful with an appeal at ODEO, you have exhausted the internal appeal process. However, you still have the option of filing an administrative discrimination complaint at the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC). 

Note: Employees are NOT required to utilize the internal appeal process before filing a complaint with MCAD or EEOC. However, using the internal appeal process offers several advantages: 

• It creates several opportunities for dialogue about the issues and the problems that need to be solved. This increases the likelihood that there will be an informal resolution
• It informs the employee of their employer’s exact reasons for denying the request, allowing the employee to speak directly to those reasons in the appeal and explain why they disagree
• It allows for the possibility of resolving the issue quickly and informally.

How to make an appeal

To make an appeal productive, it is important to understand:

• the agency's reasons for their denial, and
• the reasons an employer is legally allowed to deny a request. 

Carefully review the decision letter so that you understand the agency’s reasons for the denial. There may be more than one reason given - make sure you identify them all. Then consider whether you can successfully argue that the agency’s analysis of the request was in error. To do this, you may wish to review the reasonable accommodation process and the circumstances under which an employer is allowed to deny a request. 

You will have ten days from receipt of the decision letter to submit an appeal. The decision letter will give you a link to appeal the decision using the Service Now platform. Before submitting an appeal, consider what you could say that would make the person reviewing the decision change their mind. Simply stating that you disagree with the decision or pointing to a doctor’s recommendation that you be granted an accommodation is not necessarily sufficient to change a decision, particularly if this is information that you already provided. 

The best approach to appealing a reasonable accommodation denial is to focus on the agency’s stated reason for the denial and to explain why you believe that reason is in error. Often when an agency denies a request, they are not disputing that the employee has a disability or that they need the accommodation. Rather, they are asserting that they are unable to grant it because of undue hardship or because granting it would result in waiving essential job duties. Whatever reason the agency provided, you should address it in your appeal rather than just resubmitting the same information that you submitted originally. If you are looking for guidance on appealing a decision, contact MOD.  

Lack of response

If an employer does not provide a decision on a reasonable accommodation request in a timely manner, this can end up meaning the request is effectively denied. There is not a set process for handling this situation in state government, as the process defined by EO592 requires timely responses.

However, in some complex situations, it may not be possible for the agency to provide a decision within 20 business days. If this is the case, the ADA Coordinator should provide progress updates at least every 30 days. If you have not heard from the ADA Coordinator analyzing your request or appeal within these timeframes, it is a good idea to:

1. Check that you have provided any information they have requested, and then
2. Follow up with the ADA Coordinator.

If you are unsure who to contact or are having trouble getting any response, contact ODEO or MOD.

External complaint for denial of reasonable accommodation

An employee who is denied reasonable accommodation can choose at any time to file an administrative complaint at the Massachusetts Commission Against Discrimination (MCAD) or the Equal Employment Opportunity Commission (EEOC) (see Enforcement and recourse).

If you choose to file an administrative complaint, you should know that:

• Enforcement agencies are neutral in their investigation of a complaint. They collect information from both the employer and employee. They do not advocate on your behalf.
• The initial investigation of the allegations could take up to eighteen months. Therefore, it is unlikely to resolve a reasonable accommodation dispute quickly.
• If you file a discrimination complaint after using the internal appeal process, the documentation from the appeal can be useful for the complaint. 

How MOD can help

MOD can offer guidance at any stage of the reasonable accommodation process. You can contact MOD to:

• Learn about general employee/employer rights and obligations
• Inquire about the Executive Order 592 process
• Understand how a reasonable accommodation is typically analyzed under the law
• Talk through potential accommodations that could assist you in performing essential job duties
• Discuss how to articulate a disability-related need or accommodation
• Understand the role of a medical provider
• Consult about how best to engage during the interactive process 
• Obtain guidance and direction on properly appealing a denial

You may contact MOD at [phone] or via our contact form. Discussions with MOD can be as confidential as you wish.

Date published:	October 17, 2023