November 19, 1992
COMPTROLLER'S MEMORANDUM NO. 08 (1992-93)
| SUBJECT: | AMERICANS WITH DISABILITIES ACT
- DOCUMENTATION OF PURCHASES MADE PURSUANT
TO THE ACT |
The Americans with Disabilities Act
(ADA), PL 101-336, requires that agencies, as employers, make
several determinations when an applicant or employee requests
"reasonable accommodation" for a disability and provide the "reasonable accommodation."
The ADA provides that records related to an individual's disability must be kept confidential. In order to comply with
the requirements of the ADA and still maintain some measure of
accountability for State funds expended, the need for purchasing
items necessary for an agency to comply with the ADA should be
documented in the following manner.
When payment is requested for an item,
pursuant to the ADA, the purchase of which would not otherwise
be a lawfully authorized or appropriate use of State funds, the
voucher must include a statement from the agency head or his designee
certifying that:
- An employee of the agency or an
applicant for a position has requested "reasonable
accommodation" pursuant to the ADA, to assist him in performing his assigned
duties or in applying for a position;
- The agency has determined that the individual
is a "qualified individual with a disability" as defined in the ADA;
- The agency has determined that purchase
of the item in question is a "reasonable
accommodation" pursuant to the ADA for that employee or applicant; and
- The agency will maintain all records
related to this purchase for seven years and make those records
available for review by persons authorized to review such records.
Additionally, such vouchers should
contain a file number or other code by which the voucher can be
readily traced to the confidential records maintained by the agency.
If you have any questions, please contact the Bureau of Auditing at 410-9194, Suncom 210-9194.
