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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B20. HEALTH |
Section 6-B2099. DEFINITIONS
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2099.1 For the purposes of this chapter, the following terms shall have the meaning ascribed:
Essential functions of the position – the fundamental job duties of the position that an employee or applicant holds or desires. A job function may be considered essential for any of several reasons, including but not limited to the following: the function may be essential because the reason the position exists is to perform that function; because of the limited number of employees available among whom the performance of that job function can be distributed; and/or the function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
Evidence of whether a particular function is essential includes, but is not limited to the following: the supervisor’s judgment as to which functions are essential; written job descriptions prepared before advertising or interviewing applicants for the job; the amount of time spent on the job performing the function; the consequences of not requiring the incumbent to perform the function; the work experience of past incumbents in the job; and/or the current work experience of incumbents in similar job.
Medical condition – A health impairment which results from injury, illness or disease, including psychiatric disease.
Medical documentation or documentation of a medical condition – a statement from a licensed physician or other appropriate practitioner which provides one (1) or more of the following kinds of information:
(a)The history of the specific medical condition(s), including references to findings from previous examinations, treatment, and responses to treatment;
(b)Clinical findings from the most recent medical evaluation, including any of the following that have been obtained:
(1) Findings of physical examination;
(2)Results of laboratory tests including drug and alcohol screening, X-rays, echocardiograms, and other special evaluations or diagnostic procedures; and
(3)In the case of psychiatric disease evaluation of psychological assessment, the findings of a mental status examination and the results of psychological tests, if appropriate;
(c) Assessment of the current clinical status and plans for future treatment;
(d) Diagnosis;
(e) An estimate of the expected date of full or partial recovery;
(f) An explanation of the impact of the medical condition on the individual’s capacity to carry out his or her assigned duties;
(g)Narrative explanation of the medical basis for any conclusion that the medical condition has or has not become static or well stabilized;
(h)Narrative explanation of the medical basis for any conclusion that duty restrictions or accommodations are or are not warranted and, if they are, an explanation of their therapeutic or risk-avoiding value; or
(i)Narrative explanation of the medical basis for any conclusion that indicates the likelihood that the individual is, or is not, expected to suffer injury or harm with or without accommodation, by carrying out the tasks or duties of a position for which he or she is assigned or qualified.
Medical specialist – a physician who is board-certified in a medical specialty.
Physician – A licensed Doctor of Medicine or Doctor of Osteopathy, or a physician who is serving on active duty in the uniformed services and is designated by the uniformed service to conduct examinations under this chapter.
Practitioner – A person providing health services who is not a medical doctor, but who is certified by a national organization and licensed by the District of Columbia or any State to provide the service in question.
Qualified individual with a disability – an individual with a disability who satisfies the requisite skill, experience, education and other job related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.
Reasonable accommodation – modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities. Reasonable accommodation may include but is not limited to: making existing facilities used by employees readily accessible to and usable by individuals with disabilities; job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities. All of the above is contingent upon the needs of the agency. A “covered entity” is an employer, employment agency, labor organization, or joint labor management committee.
Review of medical documentation – assessment of medical documentation by, or in coordination with, a physician to ensure that the following criteria are met:
(a)The diagnosis or clinical impression is justified in accordance with established diagnostic criteria; and
(b)The conclusions and recommendations are consistent with generally accepted medical principles and practice.