Overview

Any current or prospective employee (applicant) may request a reasonable accommodation in order to assist in performing the essential functions of their present assignment or assist in the job application process. 

It is the policy of the Department of Education (DOE) to provide reasonable accommodations to qualified employees and applicants:

• With disabilities,
• Who need time for religious observances/practices,
• Who are pregnant, lactating or dealing with a related medical condition, and/or
• Who are victims of domestic violence, sex offenses, or stalking.

The DOE will provide reasonable accommodations to all qualified employees and applicants unless providing such accommodations would create undue hardship for the agency. Information about the application process can be found in Personnel Memorandum #5 (2020-2021). 

Employees may apply for reasonable accommodations in the SOLAS system.

Employees with general questions about accommodations may contact the Office of Disability Accommodations (ODA) at ODA@schools.nyc.gov. 

Medical Accommodations

As defined by the Americans with Disabilities Act (the ADA), a person with a disability is someone who has a physical or mental impairment that substantially limits a major life activity. A person with a “physical or mental impairment” might be someone who has an orthopedic, visual, speech, or hearing impairment, or be someone who has a disease or condition that is not immediately apparent, such as cancer, heart disease, diabetes, an emotional or mental illness, or an intellectual or learning disability.  Many other kinds of physical or mental disorders or conditions may also qualify as a disability under the ADA if they substantially limit an activity important to daily life or affect a major bodily function. 

Information regarding an individual’s disability will be kept confidential to the extent required by law.

Requesting an Accommodation - Current Employees

Supervisor Request: An employee who feels that they need a reasonable accommodation is strongly encouraged to first discuss the request with their supervisor. In this conversation, the employee is not required to disclose their diagnosis, and need only: 

1. State that they are disabled; 
2. Outline their functional limitations; and
3. Describe the accommodation(s) requested. 

If an employee affirmatively makes this request, or if a supervisor otherwise learns directly or indirectly that an employee may require an accommodation, the supervisor must promptly engage in the interactive process (cooperative dialogue). A supervisor and employee should discuss the essential functions of the position and the potential accommodations that could be offered. A supervisor need not provide the specific accommodation requested by the employee but must explore and propose any reasonable alternatives that would meet the employee’s needs and/or refer an employee to the SOLAS process for further review of their request. 

A determination must be documented in writing and must give notice to the employee that any accommodation granted is subject to further review and change in accordance with applicable federal, state, city, and/or DOE policy.

SOLAS Request: An employee may apply for an accommodation through SOLAS. Medical documentation to support the request must be included in the application. The application will be reviewed by the Medical Office to determine whether a reasonable accommodation is needed. Employees may be asked to provide additional information and/or a medical appointment notice will be emailed to the employee’s DOE email address.  If a determination is made that an employee has a disability and may require an accommodation, the Office of Disability Accommodations (ODA) will refer the request to the employee’s supervisor, who will convene the interactive process and make the final determination, consistent with the employee’s individual needs. the essential functions of the assignment, and whether such an accommodation poses an undue hardship to the DOE.  ODA will ensure that the final determination is made regarding each requested accommodation.

The determination on the accommodation request will be emailed to the employee’s DOE email address. A copy of the determination will also be sent to the employee’s supervisor and any other relevant DOE office.  

Requesting a Non-Disability Based Accommodation

Employees or applicants who require accommodations for reasons other than medical issues should apply directly through SOLAS.  

General Questions

Employees with general questions about accommodations may contact the Office of Disability Accommodations (ODA) at ODA@schools.nyc.gov. 

Religious and Sabbath Accommodations

Religious Observance 

Employees may request time off for religious observance. Leave for religious observance must be charged against annual leave or compensatory time balances. Employees should submit requests for religious observance well in advance of the requested religious observance day(s). 

Religious accommodation requests may be submitted directly to the employee’s supervisor or through SOLAS. 

If an employee does not have sufficient leave to cover their time for religious observance, such employees may be eligible to receive an advance on their leave or work an equivalent amount of time at another point during the same payroll period. Supervisors should work with their HR Directors and timekeepers to determine what timekeeping options may be available for individual employees.

Reasonable accommodations of an employee’s religious observance or practice may not cause undue hardship to the conduct of the agency’s business, or any reduction in mandated services to agency clients. Supervisors should reach out to the Office of Disability Accommodations (oda@schools.nyc.gov) and/or review Chancellor’s Regulation C-606 – Time off for Religious Observance for more information regarding religious accommodations.

Sabbath Observance 

If an employee receives a religious accommodation for the observation of Sabbath, they will be required to compensate for their early departure.  In order to do so, the employee may (a) work an equivalent time outside the usual work hours, excluding the lunch break, as arranged with their supervisor or manager; or (b) use available annual leave or compensatory time for this purpose. Sabbath observers may reduce their lunch break to meet the coverage but must maintain a minimum of 30 minutes for their daily lunch break. Employees are required to receive approval for any change in work schedule to account for the time utilized for Sabbath observance.