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NASA Ball NASA
Policy
Directive
NPD 3713.8B
Effective Date: November 05, 2001
Expiration Date: November 04, 2024
COMPLIANCE IS MANDATORY
Printable Format (PDF)

(NASA Only)

Subject: Provision of Reasonable Accommodation for Individuals with Disabilities (Revalidated 11/04/2019)

Responsible Office: Office of Diversity and Equal Opportunity


Chg#
Date
Description/Comments
2
11/04/2019
Updated to comply with 1400.1 Compliance requirements to include administrative changes. Updated the authority and applicable documents.
1
11/5/2014
Updated to comply with 1400 Compliance requirements to include administrative changes. Updated the applicability statement, updated authority, and applicable documents and forms, and added measurement/verification.

1. Policy

It is NASA's policy to fully comply with the reasonable accommodation requirements of the Rehabilitation Act of 1973, as amended. In compliance with the law, NASA provides reasonable accommodation to qualified employees or applicants with disabilities, unless to do so would cause undue hardship. NASA is committed to providing reasonable accommodations to its employees and applicants for employment to assure that individuals with disabilities enjoy full access to equal employment opportunity at NASA.

2. Applicability

a. This directive is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers. This language applies to the Jet Propulsion Laboratory (JPL), a Federally Funded Research and Development Center, and other contractors only to the extent specified or referenced in the applicable contracts.

b. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms: "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but is not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.

c. In this directive, all document citations are assumed to be the latest version unless otherwise noted.

d. This directive is applicable to NASA directives developed or revised after the effective date of this NPR.

3. Authority

a. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701, et seq.

b. Americans with Disabilities Amendments Act of 2008, as amended, 42 U.S.C. § 12101, et seq.

c. The Architectural Barriers Act (ABA) of 1968 (42 U.S.C. § H4151), et seq.

d. Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation, Executive Order (E.O). 13164, 3 CFR 286 (2000).

e. Nondiscrimination on the Basis of Handicap, 29 CFR § 32.

f. Rehabilitation Act Regulations, 29 CFR § 1614.203.

g. Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as amended, 29 CFR §. 1630.2(p)(2).

h. EEOC Management Directive 715.

4. Applicable Documents and Forms

a. Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Aeronautics and Space Administration, 14 CFR subpt. 1251.5.

b. Equal Employment Opportunity Commission (EEOC) Policy Guidance on E.O. 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation (October 20, 2000).

c. NASA Procedural Requirements (NPR) 3713.1C, Reasonable Accommodations Procedures for Individuals with Disabilities.

5. Responsibility

a. With regard to the provision of reasonable accommodations to qualified persons or applicants for employment with a disability, in accordance with Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the National Aeronautics and Space Administration, 14 CFR subpt. 1251.5 and the Equal Employment Opportunity Commission (EEOC) Policy Guidance on E.O. 13164: Establishing Procedures to Facilitate the Provision of Reasonable Accommodation (October 20, 2000), the Office of Diversity and Equal Opportunity is responsible for the following:

(1) Develop reasonable accommodation procedures;

(2) Ensure that NASA Headquarters and NASA Centers, including component operations, develop reasonable accommodation procedures consistent with the Agency procedures, and (for implementing an informal dispute resolution process);

(3) Provide guidance, and technical information to Center personnel concerning reasonable accommodation;

(4) Monitor NASA Centers to determine that they have procedures in place and that any problems identified in providing reasonable accommodation are resolved; and

(5) Establish and maintaining a system of records of requests for reasonable accommodation.

b. Center Directors and at Headquarters, the Executive Director Headquarter's Operations, are responsible for:

(1) Establishing reasonable accommodation procedures to be effective 120 days after issuance of NASA Procedural Requirements (NPR) 3713.1, Procedures for Providing Reasonable Accommodation for Individuals with Disabilities;

(2) Ensuring that all requests for reasonable accommodation are handled in a timely and efficient manner;

(3) Ensuring that Center managers, supervisors and employees are provided with appropriate information and training in the procedures and the processes for handling reasonable accommodation requests;

(4) Implementing an informal dispute resolution process; and

(5) Ensuring that all medical information obtained in connection with the reasonable accommodation process is kept confidential.

c. The Inspector General is responsible for implementing Headquarters procedures to handle reasonable accommodation requests for Office of Inspector General employees.

6. Delegation of Authority

None.

7. Measurement/Verification

a. Compliance with the policies within this NPD will be verified by:

(1) The NASA HQ and Center Equal Opportunity (EO) Director/Officer will prepare an annual Center Reasonable Accommodations Report and provide it to the Office of Diversity and Equal Opportunity (ODEO) no later than October 31.

(2) The Report will contain information regarding requests for reasonable accommodation, presented in the aggregate.

b. The information contained will include:

(1) The number of reasonable accommodations, by job type, that have been requested in the application process and whether those requests have been granted or denied.

(2) The number of reasonable accommodations, by job type, requested by employees.

(3) The number of reasonable accommodations approved, by job type, and the number of reasonable accommodations, by job type, that have been denied.

(4) The number of requests that required further medical information.

(5) Reasons for denial in requests identified in (3) above.

(6) Number and type of reasonable accommodations requested related to privileges of employment.

(7) Amount of time (in days) taken to process requests.

(8) Sources of technical assistance consulted.

c. In addition, the Report will provide a qualitative assessment of the reasonable accommodation program, including any recommendations for improvement of NASA's reasonable accommodation policies and procedures.

8. Cancellation

NPD 3713.8A, Provision of Reasonable Accommodation for Individuals with Disabilities, dated November 5, 2001.

Revalidated with Change 2, November 4, 2019

ORIGINAL SIGNED BY:


/s/ Daniel S. Goldin
Administrator


Attachment A: (Text)

None.

(URL for Graphic)

None.


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