Workplace
Accommodation UPPS
No. 07.11.02 (NEW)
Issue
No. 1
Effective
Date: 10/20/2004
Review:
July 1 E3Y
01. POLICY STATEMENTS
01.01 We at Texas
State are committed to an inclusive education and work environment that
provides equal opportunity and access to all.
Texas State, in accordance with applicable federal and state law and
institutional values, prohibits discrimination or harassment on the basis of
race, color, national origin, age, gender, religion, disability, or sexual
orientation.
01.02 Texas State does not discriminate in the recruitment, hiring, and promotion of employees with disabilities. This UPPS describes procedures for requesting employment accommodations based on disability-related needs.
02. DEFINITION OF TERMS
02.01 Americans
with Disabilities Act of 1990 (ADA) - The ADA, signed into law on July 26,
1990, prohibits discrimination on the basis of disability in employment,
programs, and services provided by state and local governments, goods and
services provided by private companies and in commercial facilities.
02.02 Section 504 of the Rehabilitation Act of 1973 - Section 504 of the Rehabilitation Act requires colleges and universities that receive federal financial assistance (including student loans) to make their programs and facilities accessible to individuals with disabilities.
02.03 According
to the Americans with Disabilities Act of 1990, a person with a disability is
anyone who:
a. has a
physical or mental impairment which substantially limits one or more major life
activities;
b. has a record
of such impairment; or
c. is regarded
as having such an impairment.
02.04 With regard to disability, a qualified person is a person who:
a. For purposes of employment, with or without reasonable accommodation can perform the essential functions of a job.
02.05 Texas State recognizes that employees with disabilities may have special needs for which accommodations may be necessary in order for the employee to perform the duties of their job. Reasonable accommodations for employees may include, but are not limited to:
a. making
existing facilities used by employees readily accessible to and usable by
individuals with disabilities;
b. job
restructuring;
c. part-time or
modified work schedules;
d. reassignment
to a vacant position;
e. acquisition
or modification of equipment or devices;
f. appropriate
adjustment or modifications of examinations, training materials or policies;
g. provision of
qualified readers or interpreters.
02.06 Texas
State employees who require use of a service animal must demonstrate that the
service animal is needed as a reasonable accommodation which is linked to their
specific disability as outlined in the Procedures for Service Animals at Texas
State University-San Marcos (Attachment
I).
03. PROCEDURES FOR REQUESTING ACCOMMODATIONS
03.01 Employees
with disabilities who may require accommodations should follow the procedures
outlined in this policy. It is the
responsibility of the employee to make his or her needs known to Texas State in
a timely manner. Failure to do so may
delay the requested accommodation.
03.02 In order
to evaluate the appropriateness of an accommodation request, the supervisor may
require documentation of disability in the event the disability is not easily
perceivable. Disability documentation
should include the following:
a. diagnostic
statement including the date of the most recent evaluation,
b. the
diagnostic criteria or test used,
c. the current
impact of, or limitations imposed by, the disability,
d. the expected
duration, stability or progression of the disability, and
e. credentials
of the diagnosing professional, including contact information.
03.03 All requests for accommodations should be confidentially submitted by the employee in writing to his or her department director/department head. The request should include the following:
a. documentation
of need that is the basis of the request,
b. a
description of the desired accommodation,
c. an
explanation of how the request relates to the disability,
d. if applicable,
a description of what steps have been attempted to address the need for which
the accommodation is now requested, and
e. possible
alternatives if the requested accommodation or configuration is not possible.
03.04 It is the responsibility of the employee’s supervisor to maintain all documentation of disability for an employee in a confidential file separate from the employee’s personnel file.
04. PROCEDURES
FOR RESPONDING TO REQUESTS FOR ACCOMMODATIONS
04.01 It is the intent of the University that issues concerning reasonable accommodations for employees be expeditiously resolved between the employee and his or her department and division.
04.02 The
director/department head must respond to any accommodation request in writing
within 5 working days of receipt. If
the employee is not satisfied with the director’s/department head’s response,
he or she can:
a. appeal in
writing to the divisional vice president,
b. follow UPPS No.
04.04.46 Prohibition of Illegal Discrimination or Harassment Based on Race,
Color, National Origin, Age, Sex, Religion, Disability, or Sexual Orientation
to reach resolution of the complaint.
05. PROVISION OF JOB ACCOMMODATIONS
05.01 The
employee’s director/department head is responsible for any costs associated
with providing job accommodations and may recommend an alternative
accommodation to that proposed by an employee if it allows the employee to
fulfill the essential functions of the job.
05.02 If the
director/department head determines that the cost of the requested
accommodation creates financial hardship to the department, the request may be
referred to the next level of supervision.
If necessary, the divisional vice president will review the nature and
cost of the accommodation to determine applicable resources for the
accommodation.
05.03 Any
director/department head or divisional vice president receiving an
accommodation referral shall contact the Office of Disability Services (ODS)
for an analysis and interpretation of the request. The ODS may request copies of all written responses by the
director/department head or divisional vice president.
05.04 For staff
employees, the ODS director will consult with Human Resources and the
employee’s director/department head regarding the request as it relates to the
employee’s GOJA. All accommodation
responses from the ODS, Human Resources, or director/department head will be in
writing.
05.05 The divisional vice president will determine if the accommodation request creates an “undue hardship” on the University’s operation. If it is determined that a particular accommodation would result in an “undue hardship,” the University will determine if another equally effective accommodation is available. Factors to be considered in determining “undue hardship” will include:
a. the impact
on operations and business,
b. cost
factors,
c. safety and
consideration for all employees.
05.06 The divisional vice president should respond to the employee in writing no later than 15 working days of receipt of the accommodation appeal as outlined in these procedures or as outlined in UPPS No. 04.04.46. Regardless of which process the employee elects to follow, the divisional vice president’s response is final.
06.
REVIEWERS OF THIS UPPS
06.01 Reviewers of this UPPS include the following:
Position Date
Ms. Tina Schultz, Director July 1 E3Y
Office of Disability Services
Dr. Sherri Benn July
1 E3Y
ADA Coordinator
Mr. John McBride, Director July 1 E3Y
Human Resources
Dr. Gilda Garcia, Director July 1 E3Y
Equity & Access
Mr. William L. Fly July
1 E3Y
University Attorney
07. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas State policy and procedure from the date of
this document until superseded.
Ms.
Tina Schultz, Director, Office of Disability Services; senior reviewer of this
UPPS
Dr.
James Studer, Vice President for Student Affairs
Dr.
Denise M. Trauth, President