My comments are due to this statement here under miscellaneous. "Allergies and fear of service animals (dogs or miniature horses) are not valid reasons for refusing to allow employees to bring a service animal into a college facility. " I have allergies to fur which triggers my asthma. I would not immediately object to a service animal due to allergies, but if I started having breathing episodes and allergic reactions, despite using my medications, what would be my avenue to improve my work environment? Would I need to then get my own ADA accommodation because the work environment would limit my life activity of breathing? I would expect there to be at least a mention of an avenue due to allergies (or maybe even fear if it is debilitating and causes anxiety) to pursue to find a solution for all parties. Otherwise, I could expect the person who is having an allergic reaction to feel unwelcome and potentially look elsewhere for employment.

In D. 4. a. 2- There has been a lack of clarity for both employees and supervisors on when it is a reasonable accommodation to be considered for reassignment and what conditions need to be present in the accommodation, working conditions, and the vacant assignments for this to be something considered. Either this policy or a published and shared procedure process needs to outline this process better.

Also, in several spots it mentions that the accommodations cannot cause an undue hardship. How is this evaluated? For some areas a modified schedule could be a hardship, the ability to work remotely vs in person, etc. How is this evaluated, transparent, and consistent?

For I- Special Pregnancy Related Accommodations- How does nursing or pumping mothers factor into this? If it doesn't where does it?

In 4.a.2, one of the options is, "reassignment to a vacant position." Could an employee be asked to take a demotion or lower pay based on this wording?

Definitions

Add “Auxiliary Aids and Services” to definitions. This term is referenced in section 4.D.4.a(3). The college community may not be aware of what this phrase means.

Section 3.A. Disability-add phrase “permanent or” in front of temporary.

Section 3.A. In the last sentence of the definition, is it necessary? It states: “In making a determination whether one has a disability, an employee’s past record of having an impairment and where the condition is generally considered to be an impairment are factors that can be evaluated.” This language seems like it should be in the procedures.

Section 3.B. Emotional Support Animal- “… the owner and animal must have the proper documentation such as an ESA Letter.” Add the word “such” between “documentation” and “as”.

Section 3.F. Major Life Activity- The last sentence, “Understanding and acknowledging limitations in these activities and bodily systems are critical in evaluating the impact of disabilities and determining appropriate accommodations or support.” should be moved to Section 4.D.3.a.(2). It is more procedure than definition.

Section3.I. Reasonable Accommodation-Is this definition more focused on students than employees? Consider revising to state: “… to provide individuals with disabilities equal access to employment opportunities and enable them their ability to perform their job participation in programs, courses, services, or activities.”

Section 3.J. Service Animals-Should it be stated that dogs and miniature horses are the “only” animals approved to be certified service animals?

Section 3.K. Undue Hardship- “… an accommodation that causes substantial difficulty or disruption to the workplace when considering the nature…” Add the words “to the workplace.”

Procedure

A. General

B. Reporting Discrimination Against Individuals with Disabilities

Section 4. B. Should a subsection be added that an employee may file a complaint with either UALD or EEOC and have hyperlinks added for them?

C. Requesting Reasonable Accommodations and Parties’ Duties

Section 4.C.2.a.(1). Add the word “or” so this subsection reads “submitting an online Employee Accommodation Request form; and or”

Section 4.C.2.a.(2). Change from “may consult with” to “ by consulting” so this section reads “may consult with by consulting the FML/ADA coordinator…”

Section 4.C.2.a.(2). In the Anti-Discrimination and Harassment policy, we have an email link to EO@slcc.edu. Can a similar type of email be created for ADA requests such as FML/ADA@slcc.edu.? The policy currently has Meredith John’s email.

Section 4.C.3. Can we change the order of this subsection, so it states as follows:
1. Employee seeking accommodations
2. FML/ADA Coordinator
3. Supervisor
This order is more logical than the order currently in draft policy.

5. Section 4.C.3.a. Does the employee requesting the accommodation sign a medical release or HIPAA release to allow the FML/ADA coordinator to communicate with the medical provider?

6. Section 4.C.3.a. Language should be added that requires the FML/ADA coordinator to process the accommodation request within a reasonable time or specific time (3 days) after all necessary documentation has been submitted by the employee seeking the accommodation.

7. Section 4.C.3.b. On the etrieve document to make an accommodation request, there is a link which states “here”. This link does not work and should be fixed.

D. Review and Determination of Employee Accommodation Requests
1. Section 4.D.1. replace “communication” with “interactive.” Interactive process is a definition. Communication process is not a definition. The sentence should state “… and then engage in the communication process interactive process with the employee and supervisor to identify functional…”
2. Section 4.D.3.a.(2) Insert new paragraph or subsection which states:
(2) “ Understanding and acknowledging limitations in these activities and bodily systems are critical in evaluating the impact of disabilities and determining appropriate accommodations or support.” This language comes from section 3.F. which is the definition for Major Life Activity. It recommended that it be moved from that definition to this location in the procedures.

3. Section 4.D.3.b. Add word “Determination” to heading so it reads “Fundamental Alteration and Undue Hardship Determination

4. Section 4.D.4.a Replace “communication” with “interactive”. Same comment as D.1 above.

5. Section 4.D.4.a.(2). Revise this subsection to state “job restructuring, part time or modified work schedules;” Delete the words “or reassignment to a vacant position.” This deletion should occur because it may create a hardship for a accommodated employee who is placed in vacant position and only has the “required skills”, but not the “preferred qualification.” Therefore, the disabled employee may not adequately function in this job. This seems to be a recurring problem at the college.

6. Section 4.D.4.b.(3). In the reasonable accommodation letter, if an accommodation is denied or partially denied, there should be an explanation provided why the accommodation has been denied. This should be added to the policy.

E. Appeal of Accommodation Determination

1. Section 4.E.1. A supervisor should not have the right to appeal the accommodation determination. The reasons for this are as follows: 1) the ADA law is designed to protect the disabled employee and not the employer; and 2) the supervisor has the right to participate in the development of the accommodation during the interactive process.

2. Section 4.E.2.a. Rephrase this section to state “the senior director of PWC will withhold, unless in their sole discretion, that the confidential information should be disclosed.” As rephrased, this language emphasizes non-disclosure of confidential information.

3. Section 4.E.5. Concern about disabled employees being unable to work due to the fact that they were waiting for either an accommodation or appeal decision. How an employee can be assured that an accommodation can be provided in a timely manner so they can work. As a practical matter, 30 days to wait for an appeal decision after the initial accommodation determination seems like a long time.

F. Service Animals

1. Section 4. F.3.b. Replace “who” with “that” so it reads “Animals who that are not qualified…”
G. Confidentiality and Privacy
1. Section 4.G.1. Can language be added stating that supervisors cannot divulge any information to other employees unless that employee has a legitimate need to know?
2. Section 4.G.3. Replace “acts” with “ADA and FMLA” so it reads “… investigate compliance with the acts ADA and FMLA shall be provided…”

H. Parking Accommodations

1. H.1&2 links lead to the same maps and are redundant. Suggest going with the hyperlink on H.2.