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600.080 Policy Related to Employees with Disabilities

Bd. Min 2-9-17, with an effective date of 3-1-17; Bd. Min. 9-24-20.

  1. Summary. The Americans with Disabilities Act of 1990, as amended, and other federal and state laws protect employees and applicants for employment from discrimination on the basis of disability in the terms and conditions of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.
  2. Scope. This policy applies to all Academic and Administrative, Service and Support employees of the University.
  3. Definitions:
    1. Disability. Disability means a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of having such an impairment; or being regarded as having such an impairment.
    2. Essential Functions. Essential functions means the fundamental job duties of the employment position the person with a disability holds or desires.
    3. Major Life Activities. Major life activities 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; as well as the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
    4. Qualified Individual. A “qualified individual” is a person who has the requisite skills, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.
    5. Reasonable Accommodation. A reasonable accommodation means a change in the job application process or work environment that enables a qualified individual with a disability to be considered for the position the individual desires, perform the essential functions of that position, or enjoy terms and conditions of employment that are enjoyed by similarly-situated individuals without disabilities.
    6. Undue Hardship. With respect to the provision of an accommodation, undue hardship means significant difficulty or expense in light of nature and cost of the accommodation and the resources and circumstances of the University, campus, and department.
  4. Policy. It is the policy of the University to provide equal employment opportunity to employees and applicants for employment without unlawful discrimination on the basis of disability.

    The University will seek to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability who is an employee or applicant for employment, unless the accommodation would impose an undue hardship on the University.

    The University prohibits discrimination against or harassment of employees or applicants for employment on the basis of disability, including because the individual has requested a reasonable accommodation or made a complaint of disability discrimination.

    1. Requesting a Reasonable Accommodation. An applicant or employee with a disability may request an accommodation from the campus human resources office. Current employees may also request an accommodation from their supervisor, campus human resources office or equity office. Upon receiving an accommodation request, an informal interactive process will be initiated to clarify the workplace barrier and identify possible accommodations. In some instances, medical documentation may be required regarding the disability. Medical information will be treated as confidential and disclosed only as permitted by law, but supervisors and managers may be informed regarding necessary restrictions and accommodations, and first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment. Disability related information will not be placed in the employee’s personnel file.

      A request for reasonable accommodation may be denied if it would impose an undue hardship. The University will not approve accommodation requests when the applicant or employee’s disability would impose 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.

    2. Complaint Procedure. Any complaints of disability discrimination or failure to accommodate should be processed through the appropriate Title IX or Equity Resolution Process (See Sections 600.030, 600.040, and 600.050).
    3. Retaliation. Retaliation is any adverse action taken against a person because of that person’s participation in protected activity. The University strictly prohibits retaliation against any person for requesting a reasonable accommodation, making a complaint of disability discrimination, or participating in an investigation or proceeding concerning allegations of disability discrimination. Any person who engages in such retaliation shall be subject to disciplinary action, up to and including expulsion or termination, in accordance with applicable procedures. Any person who believes they have been subjected to retaliation is encouraged to promptly notify the Equity Officer or Title IX Coordinator. The University will promptly investigate all complaints of retaliation.

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