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Procedures for Employees with Disabilities to Request Workplace Accommodations

Background:

Reasonable accommodations are alterations/changes in the workplace that enable persons with disabilities to perform the essential functions of their jobs and to enjoy equal benefits and privileges of employment.

Procedures for processing workplace accommodations will allow the University to process requests in a prompt, fair and efficient manner.  The procedures also provide guidance to individuals with disabilities on steps to request accommodations and what to expect.

Definitions:

  • The Americans with Disabilities Act Amendments Act (ADAAA) – the law that clarifies the mandate for the elimination of discrimination against individuals with disabilities.  The law is designed to strengthen the protections under the Americans with Disabilities Act and broaden the coverage of individuals under the Act. The law became effective on January 1, 2009.
  • Reasonable accommodation – modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of her/his job or enjoy equal benefits and privileges of employment.
  • Undue hardship – significant difficulty or expense incurred to provide the requested accommodation.
  • Essential functions – those duties that bear more than a marginal relationship to the job at issue.

Procedures:

  1. Initiating a Request:  The employee is responsible for requesting a workplace accommodation for a disability. The request should be made to either the employee’s supervisor or Human Resources professional.  The request can be made either orally or in writing and should include the following:
    1. The medical condition and its duration;
    2. The limitations caused by the condition and how it impedes the employee’s performance of  specific requirements of the position;
    3. Specific reasonable accommodation requests the employee and/or the employee’s doctor believe will enable the employee to perform the essential functions of the position.

  2. Time limits:  Absent extenuating circumstances, requests for reasonable accommodations should be processed within fifteen (15) work days of receipt by the supervisor or Human Resource professional.  If there is a delay in processing the request, the individual with the disability should be notified in writing and informed of the date on which the supervisor/Human Resources professional expects the process to be completed. 
  3. Responding to an obvious disability:  If both the disability and the need for the accommodation are obvious and the requested reasonable accommodation does not present a hardship, to eliminate unnecessary review and delay in providing the reasonable accommodation, the supervisor may provide the reasonable accommodation after discussing the request with the employee.  The supervisor should document in writing the request and the reasonable accommodation provided. The documentation should be forwarded to Human Resources.
  4. Responding when the disability is not obvious: When the disability or the need for an accommodation is not obvious the supervisor should consult with a Human Resources professional.  The Human Resources professional will determine if it is necessary to request (additional)medical documentation.  All medical documentation should be kept confidential and shared only with those who are involved in the decision making process. The medical documentation should include the following:
    1. The disabling condition and its duration;
    2. The limitations caused by the condition and how it impacts the performance of the essential functions of the individuals position; and
    3. Specific accommodation requests the employee and/or the employee’s doctor believe will enable the employee to perform the essential functions of the position.

If the Human Resources professional is unsure whether a condition qualifies as a disability under the ADAAA covered or whether an accommodation is reasonable he/she should consult with the ADA Coordinator.

If the condition does not qualify as a disability, the finding should be communicated to the employee in writing by the supervisor or Human Resource professional. A finding that the condition does not qualify as a disability covered by the ADAAA does not preclude the supervisor, at her/his discretion, from granting the employee’s request as a means of assisting the employee. If the supervisor decides to grant an employee’s request that is not covered by the ADAAA, the supervisor should advise the employee that 1) the condition is not a disability covered by the Act nor does the supervisor regard the employee as disabled under the Act, and 2) that the accommodation is being provided at management’s discretion and is not an entitlement; and, 3) the accommodation may be withdrawn or modified at any time at the discretion of the department.  The supervisor should document this conversation in writing and provide a copy to the employee.)

  1. Agreeing on a reasonable accommodation:  The supervisor and/or Human Resources professional should begin an interactive dialogue with the employee where the specific limitation, problem or barrier is unclear; where an effective reasonable accommodation is not obvious; or where the parties are choosing between different reasonable accommodations.  The dialogue may not be necessary where the existence of the disability, the need for the accommodation, and the supervisor and employee agree upon the most effective reasonable accommodation.   Neither a supervisor nor the department should make a determination that a specific accommodation is unreasonable or creates an undue burden without consulting with Human Resources.
  2. Additional Information:  Supervisors should contact a Human Resources professional or the ADA Coordinator if additional information is needed to document the disabling condition, to clarify limitations, or if subsequent steps are required to process the accommodation request. If additional medical information is needed from the employee’s physician, the supervisor or Human Resources professional will provide the employee with a medical certification form. The medical certification forms should be returned to and maintained by the University or Medical Center Human Resources Division.
  3. Technical Assistance:  The employee, supervisor and Human Resources professional may seek the advice or assistance of the ADA Coordinator regarding technical assistance or any issues that are not resolved during the process.
  4. EEO Complaints:  Complaints based on allegations of denial of reasonable accommodation, disability discrimination, and/or retaliation may be filed with the Office of Equal Opportunity Programs.