Policy 4075: Accommodations of Employees and Applicants with Disabilities

No. 4075
Subject: Accommodations of Employees and Applicants with Disabilities
Rev.: 3
Virginia Polytechnic Institute and State University
Policy and Procedures
Date: February 18, 1999

1. Purpose

The purpose of this policy is to provide assistance to university employees and applicants, both faculty and staff, to assure compliance with the Virginia Tech Affirmative Action Plan, the Americans with Disabilities Act of 1990 (ADA), the Rehabilitation Act of 1973 (Revised), and Policy Memorandum 178, Accommodation of Disabilities. The ADA prohibits any employment actions or decisions that would adversely impact job application procedures, the hiring, advancement, discharge, training, benefits, compensation, terms, conditions, or privileges of employment to any individual(s) solely by reason of that person's disability.

These guidelines describe the procedures and approaches that may be used in making reasonable accommodations for applicants and employees with disabilities.

There are designated offices that obtain and file disability related and medical documents, certify eligibility for services, determine reasonable accommodations, and develop plans for the provision of such accommodations as listed in Section 3.6. The employing department has the primary responsibility to consider and make reasonable efforts to accommodate qualified employees and to accommodate applicants with disabilities in the interviewing process.

The cooperative efforts and shared expertise of different departments enable the university to implement effective strategies to ensure that individuals with disabilities, who are otherwise qualified, can maintain their status as university employees. To the extent possible and feasible, the university may also provide assistance in the transfer of qualified employees with a disability who are not able to continue employment in their current positions.

2. Policy

The following guidelines must be followed when working with qualified employees and applicants, who have disabilities and require employment accommodation in accordance with the federal Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 (Rev.).

The ADA covers international employees and student workers, as well as contingent or part-time employees and applicants. Employees related to or associated with a person with a disability are also protected from discrimination.

To ensure that all requests for reasonable accommodation are given full consideration, managers may not deny an accommodation without further review by university officials charged with ensuring compliance with the Americans with Disabilities Act. Working in consultation with appropriate personnel throughout the university, the department receiving an accommodation request from an employee should follow through to ensure that reasonable accommodations could be made.

2.1 Definition of an Individual with a Disability

To be covered by these procedures, applicants and employees must have a disability as defined in the Americans with Disabilities Act as:

 

The ADA also covers:

2.2 Rights and Responsibilities

2.2.1 Rights of Persons with Disabilities

People with disabilities at the University have the right to:

  1. equal access to courses, programs, services, jobs, activities, and facilities offered through the University;
  2. an equal opportunity to work and to learn, and to receive reasonable accommodations, academic adjustments, and/or auxiliary aids and services;
  3. appropriate confidentiality of all information regarding their disability and to choose to whom, outside of the University, information about their disability will be disclosed, except as disclosures are required or permitted by law;
  4. information, reasonably available in accessible formats.

2.2.2 Responsibilities of People with Disabilities

People with disabilities at the University have the responsibility to:

  1. meet qualifications and maintain essential institutional standards for courses, programs, services, jobs, activities, and facilities;
  2. identify as an individual with a disability when an accommodation is needed and to seek information, counsel, and assistance as necessary;
  3. demonstrate and/or document (from an appropriate professional) how the disability limits their participation in courses, programs, services, jobs, activities, and facilities;
  4. follow published procedures for obtaining reasonable accommodations, academic adjustments, and/or auxiliary aids and services.

2.2.3 Rights of Virginia Polytechnic Institute and State University

Virginia Polytechnic Institute and State University has the right to:

  1. initiate discussion about the possibility of a reasonable accommodation with an employee if the employee is having difficulty performing his or her job;
  2. identify and establish essential functions, abilities, skills, knowledge, and standards for courses, programs, services, jobs and activities; and to evaluate faculty, staff, and student workers on this basis;
  3. request and receive current documentation that supports requests for accommodations;
  4. deny a request for accommodations, academic adjustments, and/or auxiliary aids and services if the documentation demonstrates that the request is not warranted, or if the individual fails to provide appropriate documentation;
  5. select among equally effective accommodations, adjustments, and/or auxiliary aids and services;
  6. refuse an unreasonable accommodation, adjustment, and/or auxiliary aid and service that imposes a fundamental alteration on a program or activity of the University, and
  7. provide accommodations beyond those required by the ADA.

2.2.4 Responsibilities of Virginia Polytechnic Institute and State University

Virginia Polytechnic Institute and State University has the responsibility to:

  1. inform applicants and employees of their rights under the ADA by various means;
  2. inform applicants and employees of the university's responsibility for nondiscrimination, and the provision of reasonable accommodations (newsletter, public notices, job applications;
  3. provide information to faculty, applicants, staff, student workers, and others with disabilities in accessible formats upon request with reasonable notice;
  4. ensure that courses, programs, services, jobs, activities, and facilities, when viewed in their entirety, are available and usable in the integrated and appropriate settings;
  5. evaluate faculty, staff, student workers, and applicants on their abilities and not their disabilities;
  6. provide or arrange reasonable accommodations for faculty, applicants, staff, student workers, and others with disabilities in courses, programs, services, jobs, activities, and facilities;
  7. maintain appropriate confidentiality of records and communication, except where permitted or required by law.

2.3 Confidentiality and Release of Information

Disability-related information is to be treated as medical information. For example, University faculty and staff do not have a right or a need to access diagnostic or other information regarding the disability of an employee or applicant; they only need to know what accommodations are necessary or appropriate to meet the individual's disability-related needs. If an employee has requested an accommodation, the individual will be informed as to what information is being provided to the department or supervisor regarding the request. To protect confidentiality by assuring limited access, all disability-related information must be filed with appropriate offices (as listed in Section 3.6) and kept separate from any other files. Departments or individuals should not keep any copies of such documentation within departments or offices.

2.3.1 Confidential Information of the Employee

  1. An employee's file may be released pursuant to a court order or subpoena.
  2. An employee may give written authorization for the release of information when she or he wishes to share it with others. Before giving such authorization, the employee should understand the information being released, the purpose of the release, and to whom the information is being released. Information will not be released without consent unless it is required by federal or state law.
  3. The appropriate offices (as listed in Sections 3.6) will retain a copy of all information provided. If an employee wishes to have a record expunged, he or she must make a written request to the director who will decide whether it is necessary for the office to retain the record.
  4. An employee or applicant has the right to review his or her own file.

3. Procedures

Designated offices (as listed in Section 3.6) should be contacted if departments:

3.1 Reasonable Accommodations

Reasonable accommodations are individualized and flexible, based on the professional documentation/evaluation, the nature of the disability, and the employment environment. Typical employment accommodations may include:

 

The department is not required to lower quality or quantity standards to make an accommodation. Standards of conduct and performance are not lowered as an accommodation. Personal use items, such as eyeglasses, hearing aids or wheelchairs are not provided as accommodations.

Every effort will be made to accommodate an employee's disability in the current position. Designated offices (as listed in Section 3.6) will coordinate the efforts with the employee's department to compile a thorough job analysis including the identification of all the essential functions, physical requirements, and environmental conditions related to the position.

3.1.1 Undue Hardship

Undue hardship, with respect to provision of accommodations, means significant difficulty or expense incurred by a covered organization. The overall financial resources of the organization are considered. Thus, the entire resources of Virginia Tech, not a department, are considered when assessing undue hardship. Other factors considered are the impact of the accommodation upon the operation of the facility, including impact on the ability of other employees to perform their duties and the impact on the department's ability to conduct business. The ADA Coordinator or Personnel Services should be contacted before "undue hardship" is considered.

3.1.2 Accommodation Process

The accommodation process is intended to discern if the employee has a disability as defined by the Americans with Disabilities Act (1990), to enter into an interactive process to assure that the employee possesses the qualifications to perform the essential functions of the position with or without accommodations, and to determine the appropriate accommodations for the person's disability. This process is limited to current employees. Applicants are provided reasonable accommodations to participate in the application and interview process.

The employee is not required to specifically request a reasonable accommodation, but must let the employer know, verbally or in writing, that some adjustment or change is needed to perform a job because of the limitations caused by a disability. The Accommodation Request Form P121 is available on Personnel Services Online or can be requested by calling (540) 231-9331. During the course of counseling an employee, a supervisor, another employee, or a community advocate, may realize the employee's concerns are related to either a present or potential disability. At this point, they should refer the employee to appropriate campus offices as listed below.

3.1.2.1 Appropriate Office to Request Accommodations

Employees requesting accommodations should be encouraged to meet with the appropriate office to identify needs, present appropriate documentation, and to discuss accommodations:

 

 

Applicants for Employment

Personnel Services 540-231-9331; TTY 540-231-6258

Classified Staff Requests

Personnel Services 540-231-9331; TTY 540-231-6258

Faculty Requests

EOAA Office 540-231-7500; TTY 504-231-9460

Student Requests

Dean of Students Office - 540-231-3787; TTY 540-231-8718

Visitor Requests

EOAA Office 540-231-7500; TTY 504-231-9460

VA Cooperative Extension

122 Hutcheson Hall, Virginia Tech Campus (540) 231-5659
1-800-828-1120 Relay

 

  1. Employees must provide suitable documentation from an appropriate professional who supports their disability accommodation requests. This documentation must be treated as medical records, transferred to the designated offices listed above, and should not stay in the department.
  2. Employees may be referred to other offices and support services to evaluate needs for adaptive computer equipment, software or furniture and environmental changes. Evaluations and recommendations from these offices will be provided to the employee and Personnel Services or to the ADA Coordinator.
  3. After obtaining all relevant information, including but not limited to, documentation from the medical doctor or other appropriate professionals, the employee meets with the appropriate office as listed above to determine if the condition is covered by the ADA. If the employee meets the definition of disability the appropriate accommodations to meet the essential functions of the position are discussed. The employee should be encouraged to suggest changes or adjustments needed to continue their duties.
  4. The employee meets with their supervisor, and Personnel Services/ADA Coordinator to discuss if the accommodations can be made within their existing position. EEOC regulations require an informal, interactive process to find an effective accommodation. This process should include the following steps:
    1. Evaluate at the particular job involved and determine its purpose and essential functions.
    2. Discuss with the individual how his or her specific abilities and limitation relate to the essential job functions. Identify barriers to job performance and how these barriers could be overcome with an accommodation.
    3. Identify potential accommodations with the individual, and assess how effective each would be in enabling the individual to perform essential job functions. If an appropriate accommodation is not identified, technical assistance can be sought from campus resources or agencies. (The identity of the employee will be kept confidential in these consultations; the permission of the employee will be obtained before such consultations.)

3.1.2.2 Identification of Appropriate Accommodations

  1. In discussing accommodations, the employee should be aware that acceptance of any accommodation is voluntary.
  2. If accommodations are made within the department, the employee or supervisor can continue to consult with Personnel Services, ADA Coordinator, AT Coordinator, the Ergonomics Specialist or other offices as needed.
  3. If an appropriate accommodation requires physical changes to the work site, purchase of auxiliary devices computer adaptations, or equipment, departments should consult with the ADA Coordinator. Accommodations normally cannot be denied due to cost. Funding can be pursued to assist departments in providing accessibility and accommodations.
  4. Placement of Classified Staff
    1. To the extent possible and feasible, the university may also provide assistance in the transfer of qualified employees with a disability who are not able to continue employment in their current positions. Placement, as accommodation for staff can be made under the provisions of the Department of Human Resource Management, Hiring Policy 2.10 that authorizes agency initiated lateral transfers or demotions without recruitment. Consideration will be given to the employee's qualifications, position level, and other relevant factors. If an appropriate vacancy is identified, the supervisor of the vacant position will be contacted by Personnel Services to discuss the position requirements, the employee's qualifications, and the impact of transfer. When appropriate, the attending physician may also be consulted about the employee's ability to perform essential job duties.
    2. An interview may be arranged for the employee in order to provide the employee and the supervisor an opportunity to discuss the job requirements, the employee's qualifications, the ability to perform the essential functions of the job with or without accommodations, and possible accommodations. The decision to offer re-assignment to the employee will be made jointly by Personnel Services and the hiring department if the employee is qualified and reasonable accommodation can be made.
    3. The employee's performance will be evaluated in accordance with the reasonable standards established for the position.
    4. The employee's salary will be adjusted in accordance with the classification and level of the position in compliance with the Department of Human Resource Management, Compensation Policy 3.05.
    5. Employees who are participating in this program are not restricted from applying for other employment opportunities, including promotions, within the university in accordance with the University's employment policies.

 

  1. Placement of Faculty

To the extent possible and feasible, the university may also provide assistance in the transfer of qualified employees with a disability who are not able to continue employment in their current positions. Placement, as an accommodation for faculty, may be made under the provisions of university policy, as well as state and federal law. The faculty member should consult with a representative of the EOAA Office and the Office of the Provost. If efforts to reasonably accommodate within the existing position/assignment are not effective, opportunities for re-assignment to other vacant positions for which the employee may be qualified, with or without reasonable accommodations, will be evaluated.

An interview may be arranged with the dean or the department chair or program head to discuss the job requirements, the employee's qualifications his/her ability to perform the essential functions of the job with or without accommodations, and possible accommodations. The decision to offer re-assignment may be made jointly by the employing department and senior management in consultation with the EOAA Office.

3.1.3 Other Options

In addition to the options discussed above, alternatives may include, but are not limited to the following:

  1. Classified staff may be placed on conditional leave (if all sick and annual leave is exhausted) or unconditional leave without pay to allow time for medical treatment, recovery, or work adjustment programs until the employee can return to work in the same position with or without reasonable accommodations.
  2. Referral to counseling or service agencies, such as Department of Rehabilitation Services, Employees Assistance Services, or others, as appropriate.
  3. Assistance in applying for benefits under Family and Medical Leave (FMLA), the Worker's Compensation Program, Disability Retirement, Service Retirement, the Virginia Sickness and Disability Plan, or any other appropriate available programs.
  4. If no reasonable accommodations can be made and no placement to another position can be reasonably made, the employee may choose to resign or the employee will be separated from employment.

3.2 Temporary Disabilities

Although these procedures do not cover employees who are unable to perform some or all of their job duties because of a temporarily incapacitating condition, supervisors may want and are encouraged to make temporary adjustments to the work schedule or job duties when feasible.

Generally, short-term conditions are not considered "substantially limiting." However, an individual is not required to prove that the condition is permanent. Conditions that are temporary but have permanent or residual long-term effects may be considered disabilities.

To determine whether an individual is substantially limited in a major life activity, an employer must examine the following areas with assistance from Personnel Services or the ADA Coordinator:

 

Many times it is unclear how long an impairment will last. If a condition is severe, and the duration is indefinite and unknowable, it can qualify as a disability.

3.3 Drug and Alcohol Use

It is not a violation of the ADA for employers to use drug tests to assess if applicants or employees are currently illegally using drugs. Tests for illegal use of drugs are not subject to the ADA restrictions on medical examinations. Virginia Tech may hold illegal users of drugs and alcohol to the same performance and conduct standards as other employees.

3.4 Direct Threat

Direct threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. If an individual poses a direct threat as a result of a disability, the employer must determine whether a reasonable accommodation would eliminate or reduce the risk to an acceptable level. An employer is not permitted to deny an employment opportunity to an individual with a disability because of a slightly increased risk.

Determining whether an individual poses a significant risk of substantial harm to others must be made on a case by case basis using the documentation from an appropriate professional diagnosing the disability, and must consider four main factors:

  1. the duration of the risk;
  2. the nature and severity of the potential harm;
  3. the likelihood that the potential harm will occur; and
  4. the imminence of the potential harm.

 

3.5 Appeal and Complaint Process

  1. Appeals of any decisions made or actions taken under the provisions of these procedures may be directed to the Equal Opportunity Affirmative Action Office.
  2. Complaints of discrimination on the basis of a disability may be directed to the university's Equal Opportunity Affirmative Action Office.
  3. Classified salaried non-probationary employees who are dissatisfied with the application of these procedures may also appeal through the State Grievance Procedure, the State Equal Employment Office, and the Federal Equal Opportunity Commission (EEOC).
  4. Faculty may appeal through the Grievance Procedure for Faculty, the Grievance Procedure for Administrative and Professional Faculty, the State Equal Employment Office, and the Federal Equal Opportunity Commission (EEOC).
  5. All employees and applicants may also seek the assistance of a private attorney at any time.

3.6 Resources

3.6.1 Interpreter Services for Individuals with a Hearing or Speech Disability

Applicants, student workers, employees or others visiting campus who need the services of an interpreter for the deaf should contact the Coordinator for Interpreting and Sensory Loss Services in the Dean of Students Office. Please allow a minimum of 10 working days notice.

3.6.2 Telecommunication Services

Virginia Telecommunications Relay Service (TRS) is available to all Virginia residents and enables specially trained Communications Assistants (CA) to act as confidential bridges between hearing users of standard telephones and text telephone (TTY or TDD) or computers users with hearing or speech disabilities. The Telecommunications Relay Service operates 24 hours a day and can be reached through nationwide toll-free numbers TTY/PC: 1-800-828-1120; Voice Mail: 1-800-828-1140

3.6.3 Campus Resources

  1. Environmental Health and Safety
  2. Student Health Services
  3. Equal Opportunity and Affirmative Action Office
  4. Facilities Planning and Construction
  5. Personnel Services

 

3.6.4 Technical Assistance From Outside Agencies

  1. Job Accommodations Network (1-800-526-7234)
  2. ADA Information Center (1-800-949-4232 V or TTY).
  3. Department of Rehabilitative Services (1-800-552-5019), or Private Rehabilitation Programs

 

4. Definitions

 

The legislation makes no attempt to include a list of all the specific diseases, conditions or infections that would constitute physical or mental impairments because it would be impossible to maintain a comprehensive list. However a few examples are cited including: orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV infection, AIDS, past drug addiction, and alcoholism.

 

The issue is not simply whether impairment exists, but whether the impairment substantially limits a major life activity.

 

In some instances the following may also be considered "major life activities": sitting, standing, lifting, reaching, sleeping, thinking, eating, reading, climbing, traveling, concentrating, interacting with others, and ability to control basic bodily functions.

 

An individual does not have to show a workplace-related limitation to be covered under the ADA. Working is just one of the major life activities that may be substantially limited.

5. References

  1. Americans with Disabilities Act, 1990
  2. Department of Human Resource Management, Employee Grievance Procedure
  3. Rehabilitation Act of 1973
  4. Virginia Polytechnic and State University, Affirmative Action Plan
  5. Department of Human Resource Management, Policy 2.10, Hiring
  6. The Faculty Handbook
  7. Policy 4032, Recruitment Guidelines for On and Off-Campus Wage and Salaried Classified Positions
  8. Disability Discrimination: Employment Discrimination Prohibited by the Americans with Disabilities Act of 1990, The United States Equal Employment Opportunity Commission Technical Assistance Program.
  9. Virginia Tech EOAA web site
  10. Virginia Tech ADA web site

6. Approval and Revisions

 

Approved July 10, 1991, by Associate Vice President for Personnel and Administrative Services, Ann Spencer.
 

 

Wording changes and clarification of language. Clarification of departmental responsibilities. Inclusion of all university employees in procedures.

Approved April 16, 1993, by Associate Vice President for Personnel and Administrative Services, Ann Spencer.
 

 

Changed contact person for staff concerns.

Approved April 16, 1993, by Associate Vice President for Personnel and Administrative Services, Ann Spencer.
 

 

Procedural revisions were made in conjunction with the EOAA Office to clarify accommodation processes. The title was also changed to reflect the revisions.

Links were established to the appropriate web sites for policies and forms referenced.

Approved February 18, 1999, by Executive Vice President, Minnis E. Ridenour.

 

October 10, 2001: Technical corrections to update policy links and name change for the Commonwealth of Virginia’s Department of Human Resource Management (formerly Department of Personnel and Training).