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81. Reasonable Accommodation
July 1, 2006
A. GENERAL
The University provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled and need assistance to perform the essential functions of their positions. The interactive process shall be used to determine what, if any, reasonable accommodation will be made.
B. THE INTERACTIVE PROCESS
The interactive process is an ongoing dialogue between the employee and appropriate representatives of the University about possible options for reasonably accommodating the employee's disability. Options may include, but are not limited to: a modified work schedule; a leave of absence; reassignment; modified equipment; assistive devices; modification of existing facilities; and restructuring the job. Both the University and the employee are expected to participate in the interactive process.
During the interactive process the University considers information related to: the essential functions of the job, functional limitations; possible accommodations; the reasonableness of possible accommodations; and implementation of a reasonable accommodation. This information will be used by the University to determine what, if any, reasonable accommodation will be made.
Universitywide and local procedures provide further guidance on the implementation of the interactive process.
C. MEDICAL DOCUMENTATION
The employee is responsible for providing medical documentation to assist in understanding the nature of the employee's functional limitations. When necessary, the University may require that the employee be examined by a University-appointed licensed healthcare provider. In such a case, the University shall pay the costs of any medical examinations requested or required by the University.
D. SPECIAL SELECTION
Any employee who becomes disabled may be selected for a position which has not been publicized (see Staff Policy 20.B.3., Exceptions to Recruitment).
Applicability: All Staff Members
81. Reasonable Accommodation - Universitywide Procedures
July 1, 2006
Local Procedures shall be implemented in accordance with the following Universitywide Procedures
A. GENERAL
The University provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled and need assistance to perform the essential functions of their positions. Reasonable Accommodation is addressed through the use of the interactive process to determine what, if any, reasonable accommodation will be made.
B. THE INTERACTIVE PROCESS
The interactive process is an ongoing dialogue between the employee and appropriate representatives of the University (e.g., a department or unit head, a vocational rehabilitation counselor, or the ADA/504 Compliance Officer) about possible options for reasonably accommodating the employee's disability.
An employee may start the interactive process by asking for an accommodation. A request for reasonable accommodation is a statement that an employee needs a work-related adjustment or change for a reason related to a mental or physical disability. A request may be made orally or in writing by the employee, or by someone on his or her behalf.
The supervisor should attempt to engage in the interactive process if he or she becomes aware of the disability and the possible need for an accommodation (e.g., an employee mentions a difficulty in performing work duties due to medical treatment for a health condition).
Once the University is informed or becomes aware of the need for an accommodation, the University will coordinate the interactive process. Participants in the process should include the employee, the employee's health care provider, and other appropriate University representatives.
The employee must respond to reasonable requests for information in a timely manner and must engage in the interactive process. The interactive process includes the following steps:
- Analyze the job requirements and identify essential and non-essential job functions
A job function is essential if the job exists to perform that function. For example, for a position as a proofreader, the ability to read documents accurately is an essential function because that is the reason the position exists.
Additionally, a job function may be essential because of the limited number of employees available to perform the function, or among whom the function can be distributed.
- Identify job-related limitations by consulting with the employee and by reviewing documented functional limitations
The employee and his or her health care provider must provide documented information concerning the employee's work restrictions. A current job description that outlines essential and non-essential job functions must be used by the health care provider to determine functional capabilities information and as a basis for recommendations for the University to consider.
- Identify possible reasonable accommodations
Generally, a reasonable accommodation is one that effectively enables an employee to perform the essential functions of the job. The University and the employee should identify possible reasonable accommodations. Examples include, but are not limited to:
- transfer of non-essential job functions to another employee;
- ergonomic adjustments;
- time off for medical visits;
- modification of work tools or equipment;
- modified work schedule;
- leaves of absence;
- assistive devices; and
- modification of existing facilities.
When other accommodations are not effective, reassignment to an active, vacant position for which the employee is qualified with or without accommodations, may be required.
- Assess whether the proposed accommodation poses an undue hardship
The University need not provide a requested accommodation if to do so would pose an undue hardship. This determination is made on a case-by-case basis. Undue hardship is defined as any action requiring significant difficulty or expense, taking into account such factors as:
- the nature and cost of the accommodation;
- the overall financial resources of the campus;
- the number of persons employed in the facility;
- the effect of the reasonable accommodation on resources; and
- the impact of the accommodation on operations.
No single factor is intended to have any particular weight. Rather, all the factors are considered together in determining whether providing an accommodation imposes an undue hardship on the campus.
- Implement the reasonable accommodation
Once the reasonable accommodation is implemented, the employee and supervisor (and co-workers, where appropriate) should become fully familiar with any changes in their roles and responsibilities so that the accommodation plan may be fully realized.
- Monitor effectiveness of the reasonable accommodation
Any changes in circumstances, whether in the employee's condition or in workplace factors, may warrant a re-evaluation of the reasonable accommodation. For example, the receipt of new information regarding functional limitation generates a dialogue between the University and the employee to determine next steps based on the new information.
The interactive process is an ongoing obligation. If a given accommodation is not effective or no longer effective, the University and the employee must continue to engage in the interactive process to identify possible alternatives, or additional accommodations.
- Documentation
A written record should be kept of the interactive process and any reasonable accommodation that is considered and/or implemented.
C. MEDICAL DOCUMENTATION
The employee is responsible for providing medical documentation to assist in assessing the extent of the employee's functional limitations and facilitate the interactive process to determine possible reasonable accommodations.
This documentation may be subject to confirmation by a University-appointed licensed healthcare provider. When necessary, the University may require that the employee be examined by a University-appointed licensed healthcare provider. In such a case, the University pays the costs of any medical examinations requested or required by the University.
D. SPECIAL SELECTION
Any employee who becomes disabled may be selected for a position which has not been publicized (see Staff Policy 20.B.3., Exceptions to Recruitment).
An employee who becomes disabled may be selected for an open position for which they qualify, and may be considered for open positions over non-disabled applicants. The local Vocational Rehabilitation Counselor, or an appropriate University representative, will assist the disabled employee with alternate job placement.
Applicability: All Staff Members