Enclosure (1) to COMDTINST 12713.1
the denial should be written in plain language clearly stating the specific reasons for the
denial. Where the decision-maker has denied a specific requested accommodation, but
offered to make a different one in its place that was not agreed upon during the
interactive process, the denial notice should explain both the reasons for the denial of the
requested accommodation and the reasons that the decision-maker believes that the
chosen accommodation will be effective. Reasons for the denial of a request for a
reasonable accommodation may include the following (keeping in mind that the actual
notice to the individual must include 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 decision-maker must have explored whether other
effective accommodations exist which would not impose undue hardship and
therefore can be provided. A determination of undue hardship means that the Coast
Guard finds a specific accommodation would be unduly costly, extensive, substantial,
or disruptive, or that would fundamentally alter the nature or operation of the
business.
C. Medical documentation is inadequate to establish that the individual has a disability
and/or needs a reasonable accommodation.
D. The requested accommodation would require the removal of an essential job function.
E. The requested accommodation would require the lowering of a performance or
production standard.
F. The written notice of denial also informs the individual that s/he has the right to
file an EEO complaint within 45 days and may have rights to pursue
administrative or negotiated grievance procedures. Decision-makers must review
applicable negotiated agreements and the administrative grievance procedure to
determine if grievance procedures apply. The notice also explains procedures for
informal dispute resolution. Inaction on the part of the decision-maker in
processing a reasonable accommodation request will be considered a denial of the
request.
10. DISPUTE RESOLUTION PROCESS:
A. If an individual wishes reconsideration, s/he should first ask the decision-maker, in
writing, to reconsider the decision within five business days of receiving the written
notice of denial. The individual may present additional information in support of
his/her request. The decision-maker shall respond to the request for reconsideration
within five business days.
B. If the decision-maker does not reverse the decision, the individual may appeal the
decision, in writing, within ten business days of receiving the decision. The appeal
shall be decided by the PWDPM. A response to the appeal will be issued to the
individual within 10 business days.
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