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Employee ADA Access and Reasonable Accommodations Policy

This policy was posted for public comment from November 27 – December 12, 2023.

Comments

I have a Disabled Parking Placard. In the past I needed to get an accommodation for parking in the Disabled Parking in front of the Student Center where I work. The accommodation actually allows me to park anywhere in the pay lot. My accommodation does not have an expiration date. However, I do have a question on what is meant by "short term" parking. Does that mean one with a disabled placard/plate cannot park in the stall for the entire workday unless you get an accommodation?

This section - When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

Service Animals

  1. Employees may bring service animals, as defined by the ADA, on campus.
  2. Only dogs, and in some cases miniature horses, are considered service animals under the ADA.
  3. Employees do not need to register with the FML/ADA Coordinator to use a service animal on campus.
  4. A service animal may be excluded from campuses when the animal’s behavior threatens the health and safety of others or if proper control of the animal is not maintained. Each occurrence will be evaluated individually by the FML/ADA Coordinator.
  5. Dogs that do not qualify as service animals under the ADA are not allowed on campuses, in classrooms, or in office spaces.

There is blue wording in the markup - what does that mean?

C.2.c "The FML/ADA Coordinator may require the employee to obtain a health care provider statement to determine the functional limitations of the disability." - Why "may"? Doesn't this subjectivity lead to people making assumptions (like, since he is in a wheelchair he is disabled and doesn't need documentation but this other person does...?)

F4 "Appeal must be made in writing or in person verbally." The wording is unclear and awkward. Who documents the verbal appeal? How is it documented?

G "5. Dogs that do not qualify as service animals under the ADA are not allowed on campuses, in classrooms, or in office spaces" - why is this? All other colleges/universities

I've attended have allowed dogs. and I see people walking their dogs on campus every morning and evening - does this mean they are breaking this policy? Why not say that they are restricted from entry into buildings?

I 1 "e. Partner with relevant college entities to develop and implement action-oriented directives as needed." What is an "action-oriented directive"? Does that mean that FA can work with this person but only if it directly leads to an action? Is a policy an action? Is faculty advocacy and action? Confusing wording

This policy does not address ADA and tenure/rank/evaluation of faculty - does that mean that all FML/ADA language for faculty must be in the faculty handbook?

  1.  The term “college” is used 10 times in this policy, but I am confused who at the college I should contact if I want to obtain and ADA accommodation. For example, in the Interactive Process definition, it talks about “dialogue through which a qualified individual with a disability and the college. . .” Who is the “college” in this context.? You should either define “college” or identify contact information for who is responsible for ADA accommodations.
  2. Section 3.B-Essential Requirements-In this definition, what does it mean “with or without reasonable accommodation?” That does not make sense. Either it should be “with” or “without”, but not both You have the same problem with section 3.E-Qualified Individual with a Disability. You use the phrase “with or without a reasonable accommodation.”
  3. Section 3.E-Qualified Individual with a Disability- In the policy, the term “qualified individual with a disability” is used 5 times. Since this is an employment policy, shouldn’t it be “qualified employee with a disability” or “employee.
  4. Section 3.F-Reasonable Accommodation-Why do we have “fundamental alteration” and “undue hardship.”? Isn’t a fundamental alteration an undue hardship? (This comment really goes to do this policy adequately explain reasonable accommodation to employees who don’t understand the ADA.
  5. Section 4.C.4 Parking Accommodations- At South Campus, we have handicap parking spots located near doors which have presumably been locked by security. Those doors should be unlocked to ensure access to the building.
  6. Section 4.d.4-Would it be better to use the word “comparable” instead of “similar”?
  7. Section 4.F. How to make an Appeal? - This section does not require that the appeal be in writing. Add the requirement that the appeal must be written.
  8. Section 4.G.5-Service Animals-Are we using the ADA to restrict dogs from being on the campus. People walk their dogs on the campus who don’t have disabilities.
  9. The policy fails to spell out clear procedures for what a disabled employee and supervisor need to do make an accommodation request and how to react when they get an accommodation request.
  10. A revised draft of the proposed Employee ADA policy has been sent by email to the Policy Coordinator and Originator. As a practical matter, the revised policy document was too large for the Policy portal.

Responses

Definitions (section 3)

Essential Requirements Definition

The definition for Essential Requirements has been revised and now reads, “the essential functions of an employee’s job.”

Qualified Individual with a Disability Definition

The definition for Qualified Individual with a Disability, has been changed to:

“Qualified Employee with a Disability: an individual with a mental or physical condition who meets the eligibility requirements for an employment position with or without a reasonable accommodation.” (3.G.)

The phrase “with or without a reasonable accommodation” has been included in the definition. The intent is to emphasize that the employee in question, who also has a disability, is qualified because they meet the requirements for the job position regardless of whether a reasonable accommodation has been granted.

Fundamental Alteration and Undue Hardship Definitions

A fundamental alteration and an undue hardship do not mean the same thing. In order to clarify this the definitions for these terms have been rewritten as follows:

“Fundamental Alteration: a significant change to a job or position’s nature that substantially changes the essential requirements of the job or opposition.”
“Undue Hardship: an accommodation that causes substantial difficulty, or disruption, when considering the nature and impact of the accommodation on the nature or operation of a job or position.”
Reasonable Accommodation Definition

There was a comment made about the phrasing of reasonable accommodation in the procedures (former section 4.D.4). This section has been removed from the policy. The definition for Reasonable Accommodation (3.H) has been revised to: “a modification, adjustment, or change made in the policy, practice, environment, or procedure to provide individuals with disabilities equal access to opportunities and enable their participation in programs, courses, services, or activities.”

Suggestion to define “college” in relation to the accommodation request process or identify contact information for who is responsible for ADA accommodations.

Employees may make accommodation requests through the Family Medical Leave/Americans with Disability Act Coordinator in PWC by submitting an online Employee Accommodation Request form. Section 4.C.2.a has been revised to clarify the contact information for the FML/ADA Coordinator.

Reasonable Accommodations Process (section 4)

Clarification about how an employee makes an accommodation request and the procedure for employees and supervisors after the request is submitted.

The sections "The FML/ADA Coordinator may require the employee to obtain a health care provider statement to determine the functional limitations of the disability" and “Partner with relevant college entities to develop and implement action-oriented directives as needed” have been removed from the procedures. Greater clarity concerning accommodation request requirements has been included in sections 4.C.3 (duties of FML/ADA Coordinator, Employee Seeking Accommodation, and Supervisor) and 4.D (Review and Determination of Employee Accommodation Requests).

Section 4.C, Requesting Reasonable Accommodations and Parties’ Duties, has been revised. 4.C.2 identifies how an employee may make an accommodation request. 4.C.3 clarifies the expectations for the FML/ADA Coordinator, the employee, and the supervisor through this process.

Appeals Process

The appeal process is now addressed in section 4.E. This section has been rewritten to clarify that appeals must be submitted in writing “to the Senior Director for People and Workplace Culture within ten business days of the date that the accommodation determination is sent to the employee and supervisor” (4.E.1). It also includes a description of what the written appeal should include.

Service Animals (Section 4)

Definitions and Restrictions

Section 4.F. has been heavily revised to include additional information about Service Animals, including the two questions staff may ask regarding service animals. Definitions for Service Animals and Miniature Horse (a type of service animal) have been added to section 3 of the policy for clarity.

Are dogs restricted from being on campuses (outside of buildings)? This should be clarified.

Sections 4.F.1 and 4.F.3.b.(1) now clarify that animals, such as dogs, are “not allowed in college facilities.” This allows for dogs – service animals or otherwise – to be on campus, outside of buildings.

Parking Accommodations

What is meant by "short term" parking. Does that mean one with a disabled placard/plate cannot park in the stall for the entire workday unless you get an accommodation?

Any handicap placard/plate gives you the right to park in any handicapped parking stall for the entire workday.

At South Campus, we have handicap parking spots located near doors which have presumably been locked by security. Those doors should be unlocked to ensure access to the building.

This is a great question. I believe that this question would best be directed to Public Safety.

This policy does not address ADA and tenure/rank/evaluation of faculty - does that mean that all FML/ADA language for faculty must be in the faculty handbook?

This policy addresses employee ADA access and reasonable accommodations in relation to performing job duties for faculty and staff positions. Tenure/Rank/Evaluation of Faculty is not under the purview of this policy, the FML/ADA Coordinator, or People & Workplace Culture.

There is blue wording in the markup - what does that mean?

The blue font denotes hyperlinks.