• Apply |
• Visit |
• Give |
• A-Z Index

• About the University
• Admission
• Academics
• Student Life
• Athletics
• Alumni

Americans with Disabilities Act/Reasonable Accommodations Process

 Share  |  E-mail  |  Print  |  Text Size

PURPOSE

The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities.

POLICY

It is university policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment.

Aurora University will reasonably accommodate qualified individuals with a long-term disability so that they can perform the essential functions of a job. Individuals with a temporary disability may be accommodated if departmental and university conditions permit.

An individual who can be reasonably accommodated for a job, without undue hardship to the university, will be given the same consideration for that position as any other applicant.

All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health of safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the employee’s immediate employment situation.

Human Resources is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues.

Definitions

Disability. A physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment, has a record of such an impairment, or is regarded as having such an impairment is a “disabled individual.”

Direct threat to safety. A significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

Qualified individual with a disability. An individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.

Reasonable accommodation. Making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modification of examinations, adjustment or modification of training materials, adjustment or modification of policies, and similar activities.

Undue hardship. An action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: (1) the nature and cost of the accommodation; (2) the overall financial resources of the facility at which the reasonable accommodation is to be made; (3) the number of persons employed at that facility; (4) the effect on expenses and resources or other impact upon that facility; (5) the overall financial resources of the Company; (6) the overall number of employees and facilities; (7) the operations of the particular facility as well as the entire Company; and (8) the relationship of the particular facility to the Company. These are not all of the factors but merely examples.

Essential job functions. Activities of a job that are core to performing said and cannot be modified.

PROCEDURE

1. Individual (Applicant or Employee) requests accommodation via supervisor or Human Resources (HR). HR discusses the request, in order to learn:
   1. Position, Department, Supervisor
   2. Whether the individual has provided any formal notification that a job modification is needed due to a medical condition that may qualify as a disability under the ADA, or has provided other information to start the ADA process.
      1. The EEOC states that an employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. A request can be a statement in "plain English" that an individual needs an adjustment or change in the application process or at work for a reason related to a medical condition.
      2. The request does not have to include the terms "ADA" or "reasonable accommodation," and the request does not have to be in writing, although the employer may ask for written documentation. A family member, friend, health professional, rehabilitation counselor or other representative also may request a reasonable accommodation on behalf of an individual with a disability.
      3. The university does require written documentation during the ADA interactive process.
   3. University determines if the individual is qualified as defined by the ADA. As defined by the ADA, a qualified individual with a disability is
      1. 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
      2. individual who, with or without reasonable accommodation, can perform the essential functions of such position.
      3. Has the requisite skills, experience and education and meets other job related requirements.
      4. Can perform the essential functions of the job with or without accommodation.
2. Determination is made whether the individual has a disability as defined by the ADA. The ADA defines an individual with a disability as a person who:
   1. Has a physical or mental impairment that substantially limits one or more major life activities;
   2. Has a record of such an impairment; or
   3. Is regarded as having such an impairment.

   The employer needs to separate the three parts of this definition and review the definition of each to determine whether the individual has a disability as defined by the ADA.

3. What are the reasonable accommodation considerations for the individual? The ADA defines a “reasonable accommodation” as:
   1. Modifications or adjustments that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires.
   2. 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.
   3. 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.
4. Reasonable accommodation may include but is not limited to:
   1. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
   2. Job restructuring; part-time or modified work schedules.
   3. Reassignment to a vacant position.
   4. Acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials or policies.
   5. The provision of qualified readers or interpreters.

   The Job Accommodation Network (JAN, www.jan.wvu.edu) provides lists based on specific disabilities as well as links to various other accommodation providers.

5. 1. What is the accommodation the individual requested?
      1. Describe:
   2. Is this a reasonable accommodation that does not impose an undue hardship on the employer?
      1. The ADA defines undue hardship as significant difficulty or expense incurred by a covered entity, considered in light of the following factors:
         1. The nature and net cost of the accommodation needed under this part, taking into consideration the availability of or outside funding.
         2. The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility and the effect on expenses and resources.
         3. The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees and the number, type and location of its facilities.
         4. The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity.
         5. The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility's ability to conduct business.
   3. Is this a reasonable accommodation that does not impose an undue hardship on the employer? ___ Yes ____ No
      1. If no, describe the evidence to support undue hardship: 
   4. In addition to actions that would result in undue hardship, the employer does not have to do any of the following:
      1. Provide an employee with an adjustment or modification that would assist the individual both on and off the job, such as a prosthetic limb, wheelchair or eyeglasses.
      2. Remove or alter a job's essential functions.
      3. Lower production or performance standards.
      4. Excuse violations of conduct rules necessary for the operation of the business.

      5.  

6. To determine the appropriate reasonable accommodation, it may be necessary for the university to initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation. This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.
7. Decision regarding reasonable accommodation is provided to the employee by Human Resources. For all accommodation requests after 1/1/08, a memo will be placed in file and given to the individual regarding the determination.

    

Questions regarding this policy should be directed to Human Resources.