Employee ADA Accommodations - 402.22

Employee Accommodation Forms

Use the appropriate form to request an employment accommodation. The policy explains eligibility, documentation, and the accommodation process.

Employee Accommodation Form Accommodation Medical Inquiry Form

I. Policy Statement

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment. It is the policy of the University of Arkansas at Fort Smith (University) to provide equal access and opportunity to qualified persons with disabilities in compliance with Section 503 and 504 of the Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act (ADA) of 1990; and the ADA Amendments Act (ADAAA) of 2008. The University prohibits discrimination based on disability in all aspects of the application process and employment relationship.
An applicant or employee may request a reasonable accommodation by following the ADA process outlined below. To be entitled to receive accommodations, the applicant or employee must be a qualified individual with a disability under the ADA.

II. Scope of Application

This policy applies to all applicants seeking employment with the University and University employees.
This policy and processes concerning ADA disability accommodations are coordinated by the Human REsources Department. Contact information is as follows"
1. Director of Human Resources/EEO Officers
  University of Arkansas at Fort Smith
  P.O. Box 3649
  5210 Grand Avenue
  Fullerton Administration, Room 217B
  Telephone: 479-788-7084
2. Associate Director of Human Resources/Title IX Deputy Coordinator for Employees, Visitors, and Associates
  University of Arkansas at Fort Smith
  P.O. Box 3649
  5210 Grand Avenue
  Fullerton Administration, Room 217A
  Telephone: 479-788-7084

III. Definitions

“Applicant” is defined as any individual pursuing employment with the University by submitting appropriate application materials for a specific, vacant position.
“Disability” is defined as one having a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.
“Essential job functions” refer to job activities that are determined by the employer to be essential or core to performing the job. The term does not include marginal functions of the position.
“Interactive Process” is defined as a collaboration and communication between the employer (University officials) and employee to explore, discuss and determine the appropriate reasonable accommodation(s), if any. The employer and employee are expected to engage in the interactive process in a good faith manner.
“Major life activities” is defined to include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
“Qualified individual with a disability” is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation.
“Reasonable Accommodation” is defined as modification, exception or a change to how things are customarily done in a position, practice, policy or the work environment that enables a qualified person with a disability an opportunity to be considered for a position, perform the essential functions of a position, or enjoy the same benefits and privileges of employment as are enjoyed by similarly situated applicants or employees without disabilities. The University’s obligation under the ADA is to provide a reasonable accommodation for a disability, not necessarily the individual’s preferred accommodation.
“Substantially limits” as defined in the context of employment means that the individual is restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills, and abilities.
“Undue hardship” is defined as an action requiring significant difficulty or expense when considered in light of a number of factors, such as the nature and cost of the accommodation needed; the effect or impact of the accommodation upon the unit or department and its operation; the University’s size, financial resources, and the nature of its structure or operation. Undue hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position. Undue hardship is determined on a case-by-case basis.

IV. Confidentiality

Medical information obtained in connection with a request for reasonable accommodation shall be maintained by the Human Resources Department in files separate from the individual’s personnel file. Such information should be restricted to a need-to-know basis. Human Resources may share certain information with a supervisor or other University official(s) as necessary to make appropriate determinations on a reasonable accommodation request. Employees receiving such information in connection with the reasonable accommodation process must keep the information confidential.
The fact that a reasonable accommodation has been requested or approved and information about a functional limitation is also confidential.
Applicants and employees are not required nor encouraged to disclose medical information or information about an impairment(s) to the supervisor.

V. ADA Request and Process

Request Process
1. Applicants and employees should contact the Director or Associate Director of Human Resources to discuss the ADA request process and to obtain necessary forms.
2. Applicants: An applicant requesting a reasonable accommodation in the application/selection process should submit a Job Accommodation Request Form to the Director or Associate Director of Human Resources. The form should be submitted prior to the posting closing date and as soon as possible prior to the interview to allow enough time to process the request. The applicant may or may not need to submit medical documentation to determine if the applicant is an individual with a disability or to assist in determining an effective accommodation. Steps B through D will be followed, as necessary.
  
  If the request is made to someone with responsibility for the hiring process, that person should refer the applicant to the Director or Associate Director of Human Resources.
3. Employees: An employee seeking a reasonable accommodation for a disability should submit the Job Accommodation Request Form and the Medical Inquiry Form to the Director or Associate Director of Human Resources. The Medical Inquiry Form will be required, unless the disability/impairment is obvious or visible and the request corresponds with the disability. An employee should provide the employee’s doctor with a copy of a current job description to assist with completion of the Medical Inquiry Form. Employees may consult with the Director or Associate Director of Human Resources as to whether the Medical Inquiry Form is required for their request.
  
  If an employee notifies a supervisor of a need for a reasonable accommodation¹ for a disability, the supervisor should inform the employee that the University has established procedures for determining reasonable accommodations on a case-by-case basis and refer the employee to the Director or Associate Director of Human Resources. Questions regarding an employee’s medical condition should be left to the University’s Director or Associate Director of Human Resources.
Assessment of Disability: The Director of Associate Director of Human Resources will determine whether the employee has a disability by evaluating medical information received as necessary to make that determination. The Director or Associate Director of Human Resources will determine if additional information is needed to determine if the individual has a disability as defined by the ADA or to assist in determining an effective reasonable accommodation.

In the event the Director or Associate Director of Human Resources
determines it is appropriate to obtain an independent medical opinion concerning the impairment for which the accommodation is sought, the University will bear the cost of the independent medical evaluation. Failure to cooperate in obtaining an independent medical evaluation may result in cancellation of the request for accommodation.
Interactive Process: Once the employee submits the required documentation, the Director or Associate Director of Human Resources will facilitate the interactive process with the employee and the appropriate supervisor(s), as appropriate.
Documentation: The employee will sign the Job Accommodation Request Form and return it to the Director or Associate Director of Human Resources who will work with the supervisor regarding the implementation of the accommodation. In the event that a requested accommodation is not approved, the Director of Associate Director of Human Resources will document the basis for the determination in consultation with the supervisor.
Evaluation: A supervisor or employee can request to revisit an approved accommodation for possible adjustments at any time by contacting the Director or Associate Director of Human Resources.
Timing: An employee may request a reasonable accommodation at any time during their employment at the University. The University will make every reasonable effort to ensure the request for a reasonable accommodation is processed in a timely and efficient manner.

¹The employee does not need to use the words, "reasonable accommodation," but may simply state that s/he needs an adjustment, modification, assistance or change at work due to a medical condition/impairment; or in the application process due to the nature of his/her disability.

VI. Records

Primary documentation pertaining to the reasonable accommodation request for applicants seeking employment and employees will be maintained by the Human Resource Office.

The confidentiality of this information – including but not limited to its storage in a file separate from the individual's personnel file – shall be maintained by the Director or Associate Director of Human Resources.

VII. Administrative Review

An employee or applicant may request an administrative review of a denial of an accommodation request under this policy by the appropriate campus administrator in the chain of command.
The administrative review may be based only on one or more of the following reasons: the (1) decision is contradictory to University policy or applicable law or (2) Interactive Process did not substantially comply with the guidelines in this Policy.
The request for review must be submitted within ten (10) business days after employee or applicant has received the official decision notice in writing. The reviewing administrator shall communicate his or her decision in writing and the decision is final and not subject to further appeal.
An employee or applicant can contact the Director or Associate Director of Human Resources with any questions about the administrative review process.

VIII. Discrimination, Harassment, or Retaliation

The University policy prohibits any form of retaliation against persons who have an actual or perceived disability or to an employee who has requested or received an accommodation or aids another in getting an accommodation.
Any employee or applicant who believes that he or she has been harassed, discriminated against, or retaliated against on the basis of a disability, due to an accommodation request, due to their opposition to any act or practice made unlawful by the ADA, or because such employee or applicant made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this policy should contact the Benefits & Risk Management Services.
Any supervisor or person with supervisory authority, manager, or other administrator who receives a written or oral report of discrimination, harassment, or retaliation on the basis of a disability, due to an accommodation request, due to an individual’s opposition to any act or practice made unlawful by the ADA, or because an individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this policy shall promptly notify the Director or Associate Director of Human Resources.

IX. Limitations

Nothing in this policy shall be construed as creating rights or obligations in excess of any requirements of applicable law and regulations.
Any questions regarding interpretation of this policy and procedures can be referred to Human Resources.