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Reasonable Accommodations and COVID-19
As a result of the VA’s response to the COVID-19 pandemic, AFGE/NVAC received a substantial number of inquiries from front-line employees regarding requests for reasonable accommodations (RAs) during this global pandemic. We understand your concerns and have developed this guide to summarize the issue of RAs and address some of your frequently asked questions.
What Is A Reasonable Accommodation?
A reasonable accommodation is any change in the work environment that helps a qualified person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. The RA must assist the person with performing the “essential functions” of the job. Telework is an example of an appropriate RA for a disabled employee, but there are many more.
What Is A Disability?
An individual with a disability is one who: 1) has a physical or mental impairment that “substantially limits” one or more major life activity; 2) has a record of such an impairment; or 3) is regarded as having such an impairment. Major life activities include speaking, breathing, walking and seeing.
Does Being Diagnosed With COVID-19 Qualify Me For A Reasonable Accommodation?
It depends. At this time, the EEOC has not made a legal determination whether an individual with COVID-19 would meet the definition of disabled. This is because under normal circumstances, conditions like coronavirus and influenza, are temporary and have limited impact on major life activities. However, if you are an individual whom the CDC recognized as “high-risk” for severe illness from COVID-19, such as those with autoimmune disorders or respiratory disease, you may request an accommodation to limit your exposure to COVID-19.
In addition, existing accommodations should be honored by the VA if you continue to work during the pandemic.
How Can I Request A Reasonable Accommodation?
There is no “magic language” required. Employees can talk to their supervisors or the facility’s RA Coordinator. In order to identify an effective accommodation, the VA and the employee must engage in the “interactive process.”
Additional Resources
For more information concerning COVID-19 and reasonable accommodations, please refer to:
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