Workplace Accommodations – A Resource Guide for Faculty, Staff, & Supervisors
The ADA is a federal civil rights law that was passed in 1990 and went into effect beginning in 1992. Its purpose is to protect people with disabilities from discrimination in employment (Title I). Title I of the ADA prohibits discrimination in employment and requires employers to provide reasonable accommodations for employees with disabilities. Title II of the ADA prohibits discrimination on the basis of disability in services, programs and activities provided by state and local governments.
The Section 504 of the Rehabilitation Act is the first federal civil rights law protecting the rights of people with disabilities. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance.
The University of Utah policy, in compliance with state and federal law prohibits discrimination based
upon disability, among other factors.
The term "disability" is defined in general terms rather than with a list of medical conditions. A
disability is a physical or mental impairment that substantially limits one or more major life activities,
that is not temporary or short-term in duration. An individual is protected from discrimination if they
(1) are a person with a disability, (2) have a record or history of having a disability, or (3) are
regarded as having a disability.
For employees, university policy protects "qualified employees with disabilities." The term "qualified"
means that you satisfy the skill, experience, education, and other job-related requirements of the
position sought or held, and can perform the essential job functions of the position, with or without
reasonable accommodation.
The University is obligated to provide reasonable accommodations to qualified employees with disabilities,
unless the accommodation would create an undue hardship on the University.
A reasonable accommodation is any modification or adjustment to a job or the work environment that will
enable a qualified applicant or employee with a disability to participate in the application process
or to perform essential job functions. Reasonable accommodations may include but are not limited to: making
facilities accessible, adjusting work schedules, restructuring jobs, the reallocation or redistribution of
non-essential, marginal job functions, providing assistive devices or equipment, and modifying work sites.
A leave of absence may also be considered where necessary, in conjunction with the FMLA policy and the
University of Utah’s Medical Leave of Absence policy.
An employer does not have to provide a reasonable accommodation that would cause an "undue hardship" to the employer. Undue hardship must be based on an individualized assessment of current circumstances that show that a specific reasonable accommodation would cause significant difficulty impact to business operations. Generally, cost would not be considered in the evaluation of an undue hardship. A determination of undue hardship should be based on several factors, including: (i) the nature of the accommodation needed; (ii) the type of operation of the department, including the structure and functions of the workforce, the geographic separateness, and the administrative or fiscal relationship of the facility involved in making the accommodation to the employee; (iii) the impact of the accommodation on the operation of the department.
An employer’s determination of whether an individual with a disability poses a direct threat to health and safety should be based on an evaluation of the individual’s present ability to safely perform the job and a consideration of the following four factors: (i) the duration of the risk; (ii) the nature and severity of the potential harm; (iii) the likelihood that the potential harm will occur; and (iv) the imminence of the potential harm. The determination that an individual poses a direct threat must be based on objective, factual evidence regarding the individual’s ability to perform essential job functions. If the employee with a disability poses a direct threat to the safety or health of staff members in the workplace, the employer must consider whether the risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.
The University of Utah is required to provide effective, reasonable accommodations for employees with disabilities.
The University can expect that a staff member be able to perform the essential functions of their job with or without
reasonable accommodations.
The University will engage in an interactive process to collaboratively explore accommodation solutions with
individuals with disabilities who request accommodations. Any time an employee indicates that he/she is having
a problem performing their job duties, and the problem is related to a medical condition, the employer should
consider whether the employee is making a request for accommodation under the ADA, and engage in a good faith
interactive process to determine what, if any reasonable accommodation may be available.
Employees can request an accommodation at any time during the application process or while employed. You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer. In general, you should request an accommodation when you know that due to a disability, there is a workplace barrier that is preventing you from competing for a job, performing a job, or gaining equal access to a benefit of employment like an employee lunch room or employee parking. As a practical matter, it is better to request an accommodation before your job performance suffers or conduct problems occur because accommodations are not retroactive, and employers do not have to rescind discipline that occurred before they knew about an employee’s disability.
A written letter or note from the appropriate medical professional should include the following information
describing the current impact of your medical condition and functional limitations or you may ask your provider
to fill the University’s medical form.
Employees: The limitations caused by the condition and how those limitations impact the employee’s performance
of the essential functions of the job (please refer to the job description)
- Expected progression or stability
- Functional living skills (i.e. orientation and mobility and activities of daily living (ADLs))
- Notation of any medical equipment that is required
- Notation of medications, if any, and potential impact on performing essential functions and/or side effects
- Implications of existing co-morbid conditions
- Additional observations and/or recommendations for appropriate accommodations
The appropriate medical professional is asked to complete a medical form in addition to a written letter that
addresses the bullet points above.
For Blind and Low Vision and Deaf and Hard of Hearing
A recent report from your doctor must be provided.
Step 1: Recognizing an Accommodation Request
Employees of Main Campus and University of Utah Health Academic submit their requests to the Human Resource Administration office.
Employees of Hospitals and Clinics submit their requests to UUHC HR.
The interactive process starts with an accommodation request from an employee with a disability.
An employee with a disability may request an accommodation by completing the Accommodation Request Form.
An employee does not specifically need to ask for an accommodation, but by asking for “help” with tasks,
equipment, time, environment, or other assistance related to a medical condition or disability, the employee’s
supervisor should recognize a possible request for accommodation and should direct the employee to the
UHR (for Campus and University of Utah Health Academic employees) or UUHC HR (for Hospitals and Clinics employees).
Step 2: Gathering Information
Once an accommodation request has been received, documentation will be gathered to process the request.
Necessary information may include documentation (including the nature, severity, duration and impact to the
essential functions of the job) of the functional limitations of the disability and need for reasonable
accommodation. In some cases, the employee’s disability and need for accommodation are obvious and no
additional information is needed. For example, if an employee who recently started using a wheelchair
indicates that he needs a ramp to get into the workplace, the disability and need for accommodation
will be obvious and no documentation is necessary.
Step 3: Exploring Accommodation Options
After HR has identified the employee’s limitation that is causing a problem and has identified with the
problem is, HR will explore accommodation options with the employee and other resources as appropriate.
This may include reviewing the job description. This step will likely also include a conversation with
the employee their medical provider, the supervisor and the HR. It is most helpful if the employee has
an idea of what accommodations they believe would be helpful for them to perform the essential functions
of their position. For accommodation ideas, check with the Job Accommodation Network (www.askjan.org)
which provides a searchable database of disabilities and common accommodations.
Step 4: Accommodation
Once possible accommodations have been explored, the HR department will work with the supervisor to discuss
approving the appropriate accommodations. If there is more than one option, the employer should consider
the preference of the employee. However, the employer gets to choose among effective options and cost
effective options. The University of Utah strives to implement all reasonable accommodation requests.
Step 5: Implementing the Accommodation
The HR department will work with an employee’s department and others needed to implement all approved reasonable
accommodations. This includes arranging any needed training for the employee or others in the department,
installation of technology, revisions of schedules, or environmental changes. This step is very important
to the success of an accommodation. If the accommodation is a job reassignment, then the employee may need
time to acclimate to the new job.
Step 6: Monitoring the Accommodation
The accommodation process is ongoing and interactive. The most important way to monitor accommodations is
to encourage ongoing communication. Employees who are receiving accommodations need to understand that they
should let their supervisor/manager, or HR know if there are changes or problems with the accommodation or
if it is no longer effective.
In the event that there is no reasonable accommodation which would allow an employee to perform the essential functions
of their job, and the information from the medical provider indicates that the employee is not qualified, the University
will work to reassign the employee to another position within the University. An employee may withdraw their request
for accommodation at any time prior to medical information being submitted to the HR Department. If HR receives medical
information indicating that the employee is not able to perform the essential functions of their position with or without
accommodation, the accommodation of job reassignment will be offered.
Job Reassignment is a type of reasonable accommodation available to an employee who can no longer perform the essential
functions of their current position, with or without reasonable accommodation. During Job Reassignment, an employee
is placed on unpaid administrative leave for a period of up to thirty (30) days, and if there is a vacant position
(at a lateral job grade or lower) that the employee is qualified for, and the employee can perform the essential
functions of the vacant position, with or without reasonable accommodation, the employee will be reassigned to the
vacant position without having to compete for the position.
It is essential that the employee actively participate in the search for open positions by actively checking job postings
and working with recruiters on campus to identify positions - throughout the entire reassignment period.
In the event that there is no vacant position for which the employee is qualified within the thirty day period,
the employee may be released from their employment.
Decisions to deny an employee’s request for accommodation may be appealed to the Chief Human Resources Officer
for Campus HR or UUHC HR, respectively.
Responsibilities
An Employee:
- Need not specifically use the words “accommodation” or “disability”. A request for “help” or for a workplace adjustment or technology change, for example might trigger obligations under the ADA.
- Must disclose the need for accommodations
- Must follow the University’s process regarding the provision of accommodations
- May choose to discuss his/her situation and accommodation request with the supervisor, or Human Resources.
- Provides requested documentation for review.
- Can expedite the process by submitting a doctor’s note or doctor’s information to the HR Department clearly stating the doctor’s recommendation for specific accommodations and the medical reason behind that recommendation.
A Supervisor Must:
- Inform the employee of the process for receiving accommodations if the employee discloses their disability to the supervisor.
- Provide information concerning the employee’s essential job functions and the job description when requested.
- Provide feedback concerning the request including comments concerning the reasonableness of the request.
- Make a good faith effort to provide reasonable accommodations to an individual covered by the ADA.
- Campus and University of Utah Health Academic employees may request an accommodation through an online form or contacting HR directly.
- Online Form: Request for Disability Accommodation Form for Campus and University of Utah Health Academic employees and submit the form to HR.
- Contact: HR
(801)581-2169
Fax: (801)585-7375
Email: hr-ada@utah.edu - UUHC Employees: You may request an accommodation through an online form or contacting UUHC HR directly.
- Online Form: Request for Disability Accommodation Form for UUHC Employees
- Contact: UUHC Human Resources (UUHC HR)
Phone: 801-581-6500
Email: adarequest@hsc.utah.edu
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For questions about or to start the accommodations process, contact the appropriate office listed below: