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UPPS 04.04.60 - Workplace Accommodation

Workplace Accommodation

UPPS No. 04.04.60
Issue No. 5
Revised: 10/21/2020
Effective Date: 3/24/2020
Next Review Date: 2/01/2022 (E2Y)
Sr. Reviewer: * ADA Compliance Coordinator

  1. POLICY STATEMENT

    1. This policy describes procedures for requesting employment accommodations based on disability-related needs. Texas State University does not discriminate in the recruitment, hiring, and promotion of employees with disabilities.
  2. DEFINITIONS

    1. Americans with Disabilities Amendments Act (ADA) – The ADA, signed into law on July 26, 1990, and the ADA Amendments Act of 2008 (ADAAA) prohibit discrimination on the basis of disability in employment, programs, and services provided by state and local governments and in goods and services provided by private companies and in commercial facilities.

    2. According to the ADAAA, a person with a disability is anyone who:

      1. has a physical or mental impairment that substantially limits one or more major life activities;

      2. has a record of such impairment; or

      3. is regarded as having such an impairment.

    3. A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

    4. 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 essential functions of their job. Reasonable accommodations for employees may include, but are not limited to:

      1. modification of existing facilities used by employees to be readily accessible and usable by individuals with disabilities;

      2. job restructuring;

      3. part-time or modified work schedules;

      4. reassignment to a vacant position;

      5. acquisition or modification of equipment or devices;

      6. appropriate adjustment or modification of examinations, training materials, or policies; and

      7. provision of qualified readers or interpreters.

    5. Undue Hardship – an action requiring significant difficulty or expense.

    6. Texas State employees who require use of a service animal must demonstrate that the service animal is needed as a reasonable accommodation that is linked to their specific disability, as outlined in the Procedure for Service or Assistance Animals at Texas State.

  3. PROCEDURES FOR REQUESTING ACCOMMODATIONS

    1. Employees with disabilities who may require accommodations should follow the procedures outlined in this policy. It is the responsibility of employees to make their needs known to Texas State in a timely manner. Failure to do so may delay the requested accommodations.

    2. * The ADA Compliance coordinator is available to meet with any employee with a disability who plans to make a request for accommodations in order to assist the employee to explore accommodation options. The ADA Workplace Accommodation website provides contact information and additional details related to the ADA Compliance coordinator.

    3. * An employee with a disability who seeks an accommodation in order to perform the essential functions of the job may initiate the accommodation process by making a verbal or written request to any one of the following:

      1. their immediate supervisor; or

      2. the ADA Compliance coordinator.

    4. * Before the ADA Compliance coordinator acts on an accommodation request, the employee must provide a written request for an accommodation. To determine the appropriate accommodation, ADA staff will enter into an interactive process with the employee. The ADA interactive process will include:

      1. meeting with the employee to identify limitations and possible accommodations;

      2. notifying the supervisor that the employee has made a request for accommodations;

      3. working with the employee on an accommodation plan;

      4. meeting with the supervisor and the employee to discuss implementation of a workplace accommodation plan before the Workplace Accommodation Agreement is drafted and routed for review, approval, and signature to the employee, their supervisors, the department head, and the divisional vice president. The ADA Compliance coordinator will then review and sign the agreement to finalize the process.

      5. implementing agreed-upon accommodations, if possible;

      6. meeting with the employee, as required, to evaluate the effectiveness of the accommodations; and

      7. modifying accommodations to make them more effective, as necessary.

    5. * The documentation of a disability should be addressed to the ADA Compliance coordinator and must meet the criteria outlined in the Workplace Accommodation Disability Documentation Guidelines.

    6. * When directing an accommodation request to the ADA Compliance coordinator, the employee should include the following:

      1. documentation of need that is the basis of the request;

      2. a description of the desired accommodation;

      3. an explanation of how the request relates to the disability;

      4. a description of what steps have been attempted to address the need for which the accommodation is now requested, if applicable; and

      5. possible alternatives if the requested accommodation or configuration is not possible.

  4. * PROCEDURES FOR DETERMINING REASONABLE ACCOMMODATIONS

    1. The ADA Compliance coordinator will retain a permanent confidential disability accommodation file on the employee.

    2. The ADA Compliance coordinator, in consultation with the other disability specialists and medical professionals as needed, will review the employee’s disability documentation and request for accommodation to determine if an accommodation is appropriate.

    3. The ADA Compliance coordinator will draft a Workplace Accommodation Agreement that specifies the nature of the accommodation to be provided, the effective date, and the end date of the accommodation, if applicable. The employee, their supervisor, the department head, and the divisional vice president will sign the completed agreement upon approval. The ADA Compliance coordinator will then review and sign the agreement to finalize the process.

  5. PROCEDURES FOR PROVIDING JOB ACCOMMODATIONS

    1. The employee’s director or department head is responsible for any costs associated with providing job accommodations and may recommend an alternative accommodation to that proposed by an employee, as long as it allows the employee to fulfill the essential functions of the job.

    2. If the director or department head determines that the requested accommodation creates an undue hardship to the department, they may refer 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.

    3. The employee’s vice president will determine whether a requested accommodation will amount to an undue hardship. In making this determination, the vice president will consider the factors in the laws and regulations. The Texas State University System associate general counsel will provide these factors upon request.

  6. APPEAL PROCEDURES

    1. * If the employee is not satisfied with the ADA Compliance coordinator’s, or the director’s or department head’s response, they can:

      1. appeal in writing to the divisional vice president within 10 working days of receiving the response; or

      2. follow UPPS No. 04.04.46, Prohibition of Discrimination, to reach resolution of the complaint.

    2. The divisional vice president must respond in writing to the employee no later than 10 days after receipt of the accommodation appeal, as outlined in these procedures, or as outlined in UPPS No. 04.04.46, Prohibition of Discrimination. Regardless of which process the employee elects to follow, the divisional vice president’s response is final.

  7. POLICY DISSEMINATION

    1. This policy will be disseminated to all new employees by Human Resources at New Employee Welcome, and annually to all employees electronically.
  8. * REVIEWERS OF THIS UPPS

    1. Reviewers of this UPPS include the following:

      Position Date
      ADA Compliance Coordinator February 1 E2Y
      Director, Office of Disability Services February 1 E2Y
      Assistant Vice President for Human Resources February 1 E2Y
      Assistant Vice President Institutional Inclusive Excellence / Chief Diversity Officer February 1 E2Y
      Assistant Vice President for Institutional Compliance / Chief Compliance Officer February 1 E2Y
  9. * 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.

    ADA Compliance Coordinator; senior reviewer of this UPPS

    Vice President for University Administration

    President