NASA Procedures and Guidelines
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NPR 3713.1 Eff. Date: November 18, 2002 Cancellation Date: March 28, 2008	Procedures for Providing Reasonable Accommodation for Individuals with Disabilities w/Change 1 (4/8/04)
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Chapter 12. Denial of a Reasonable Accommodation Request

12.1 As soon as the DM determines that a request for accommodation will be denied, and after consultation with Headquarters or Center EO Officer, she/he shall fill out a NASA Form 1699A and give it to the individual who requested the accommodation. In cases where an alternate format is appropriate, the notification shall be provided in the relevant format. The explanation for the denial shall be written in plain language, clearly stating the specific reasons for the denial. Where the DM has denied a specific requested accommodation, but offered to make a different one in its place which was not agreed to during the interactive process, the NASA Form 1699A shall contain an explanation of both the reasons for the denial of the requested accommodation and the reasons that the DM believes that the chosen accommodation will be effective. Reasons for the denial of a request for accommodation may include, but is snot limited to the following (keeping in mind that the actual notice to the individual must include, but is not limited to specific reasons for the denial, for example, why the accommodation would not be effective or why it would result in undue hardship):

a. The requested accommodation would not be effective.

b. Providing the requested accommodation would result in undue hardship. Before reaching this determination, the DM (with appropriate consultation), shall determine whether other effective accommodations exist which would not impose undue hardship and therefore, can be provided. When evaluating budgetary or administrative concerns to determine if undue hardship exists, NASA will follow the regulatory standards in 29 CFR 1614.203(c)(3).

c. Medical documentation is inadequate to establish that the individual has a disability and/or needs an accommodation.

d. The requested accommodation would require the elimination of an essential function.

e. The requested accommodation would require the lowering of a performance standard (e.g., safety, quality, reliability, etc.)

12.2 With notification of denial, the DM shall also inform the individual that she/he has the right to file an EEO complaint and the procedures available for informal dispute resolution.

If an employee or applicant for employment believes that she/he has been discriminated against because of disability by the Agency's denial of a request for accommodation, she/he may consult an Equal Employment Opportunity (EEO) Counselor at the respective NASA installation within 45 days of receipt of the determination, in accordance with 29 C.F.R. 1614.105(a)(1).

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