Disability Awareness

Cindy EdwardsAssistant Employee Relations ManagerHuman Resources, Employee Relations

Goals and Objectives

Identify who is the covered by the American’s w/Disabilities Act

Learn what may be considered an Reasonable Accommodation

Discuss the procedure for requesting an accommodation

Learn how accommodation requests are reviewed

Define a “Undue Hardship”

Discuss the appeals procedure

Who's Covered

Applies to all qualified applicants and state employees with disabilities

Includes qualified employees regardless of whether they work part-time or full-time or are considered “probationary” or “non-career status”, temporary employees, and student employees

Reasonable Accommodations

The University provides reasonable accommodation to otherwise qualified employees who are disabled or become disabled and need assistance to perform the essential functions of their positions

Essential functions need to be identified on the job description

Reasonable Accommodation Employee, supervisor and Human Resources discuss possible options for reasonably accommodating the employee’s disability

Reasonable Accommodation may include, but is not limited to:

Making existing facilities accessible to persons with disabilities

Job restructuring, modifying work schedules, reassignment to a different position

Acquiring /modifying equipment, modifying examinations, training materials, or policies, providing readers/interpreters

Use of SafeRide

Reasonable Accommodation

The University is not obligated to provide personal use items needed in accomplishing daily activities both on and off the job or personal use amenities

Such items include:

Eyeglasses Hearing aids Prosthetic limbs Wheelchair Refrigerator Items not provided to employees without disabilities

Requesting AccommodationApplicants for Employment

Announcements state: "The University of North Carolina at Charlotte is an Affirmative Action employer. Women, minorities and individuals with disabilities are encouraged to apply."

Applicants interviewed again informed of the University's policy

Applicants may request accommodations from the contact person identified on the announcement or Human Resources

University prepared to modify/adjust job application process for reasonable accommodations of known physical or mental limitations of the applicant

Submit a written request to supervisor

Supervisor outlining accommodation desired

Must identify nature of physical or mental disability, identify functional limitations with respect to the disability, and identify the requested accommodation(s) to Human Resource

Individual requesting accommodation may be required to provide documentation, including medical records, to support the request

Requesting AccommodationCurrent Employee or Applicants offered Job

Supervisors who have been notified by an employee for an accommodation should contact Human Resources ADA Coordinator for assistance

The University may require an employee or applicant offered a job requesting accommodation to undergo further testing or evaluation by qualified professionals to:

Verify or further establish the claimed disability

Determine the need for an accommodation

Requesting AccommodationCurrent Employee or Applicants offered Job

If an employee is having difficulty performing his/her job due to a disability, the supervisor, in consultation with Human Resources ADA Coordinator, should inform the employee of the existence of University’s policy to provide reasonable accommodations

An accommodation will not be offered nor provided unless requested by an employee

Requesting AccommodationCurrent Employee or Applicants offered Job

Each request for an accommodation shall be reviewed on a case-by-case basis

The employee (or applicant), supervisor and Human Resources will be involved in the process of determining potential reasonable accommodations

The Human Resources ADA Coordinator will make a recommendation on a reasonable accommodation

Decision on a request for an accommodation will be in writing and provided to the applicant or employee

If an accommodation request is denied the employee or applicant will be informed of the appeal procedures available

Providing AccommodationsDecision Making Process

Where more than one effective accommodation is available, the final decision as to which accommodation will be provided shall be made by the ADA Coordinator and supervisor

Considerations include

Documentation provided Business needs Recommendations from healthcare professionals, Disability

Services staff etc. Cost Individual preferences

Providing Accommodations Decision Making Process (cont)

Individual is not required to accept an accommodation, aid, service, opportunity or benefit being offered

If a reasonable accommodation is rejected that is necessary to enable the individual to perform the essential functions of the position resulting in the individual not perform the essential functions of the position

Individual will not be considered a qualified individual with a disability

May be subject to disciplinary policies if not meeting job expectations

Providing Accommodations Decision Making Process (cont)

When no reasonable accommodation is available to allow an employee with a disability to remain in his/her current position the University will attempt to reassign that employee

Reassignment will be to vacant position, which is equivalent in terms of pay and status

Employee must be qualified for the vacant position and the position must be vacant or will be vacant within a reasonable period of time

Assignment to another vacant position is only available to employees

Providing Accommodations Decision Making Process (cont)

All material and information collected from an applicant or employee regarding the individual's accommodation request shall be considered confidential information and be kept in a separate file

Upon completion of the decision making process regarding the accommodation request, all material collected will be kept in a separate, locked file by the ADA Coordinator

Providing Accommodations Decision Making Process (cont)

Exceptions to confidentially:

Supervisors/managers may be informed of necessary accommodations or restrictions on the work or duties of the employee

First aid/safety personnel may be informed, when appropriate, if disability might require alternative actions in emergency situations (i.e., disabilities involving mobility)

Government officials investigating compliance with non-discrimination laws shall be provided relevant information on request

ADA Coordinator will periodically monitor the effectiveness of accommodations provided to applicants or employees

Providing Accommodations Decision Making Process (cont)

University considers

essential functions of the job

functional limitations

possible accommodations

reasonableness of possible accommodations

implementation of a reasonable accommodation

Information used to determine what, if any, reasonable accommodation can be made

Providing Accommodations Assessing Accommodation Requests

Accommodation will not be provided if to do so would pose an undue hardship. This determination is made on a case-by-case basis

Undue hardship is defined as any action requiring significant difficulty or expense, taking into account such factors

Nature and cost of the accommodation Overall financial resources of the universityNumber of persons employed in the facilityEffect of the reasonable accommodation on resourcesImpact of the accommodation on operationsEliminate an essential function of the positionLower quality or production standards

Accommodation Requests Undue Hardship

No single factor is intended to have any particular weight

All the factors are considered together in determining whether providing an accommodation imposes an undue hardship on the campus

Accommodation Requests Undue Hardship

Employees dissatisfied with decision(s) pertaining to an accommodation request may file a grievance in accordance with established grievance procedures for their employment classification

State Personnel Act (SPA) Employees may appeal in accordance with procedures outlined in PIM 35, Grievance and Appeal Procedures for Employees Subject to the State Personnel Act

Accommodation Requests Appeals

Understanding the New ADA

Quiz

Question # 1

The Americans with Disabilities Act (ADA) mandates the hiring of individuals with disabilities

True

False

Question # 1Answer

False

The ADA says you should hire the most qualified applicant. It does not mandate that you hire individuals with disabilities; it just ensures equal access to the employment process

Question # 2

The ADAAA provides protection for:

A. A person who makes a decision based on a disability

B. Any person who experiences discrimination on the basis of a perception of disability

C. A person who does not meet performance standards

D. A person who cannot perform the essential functions of the position with or without reasonable accommodation.

Question # 2Answer

B: Any person who experiences discrimination on the basis of a perception of disability

Question # 3

Governments must make all of their facilities fully ADA accessible

True

False

Question # 3Answer

False

Governments need to provide full program access. Their programs and services must be accessible when examined as a whole. This does not mean that each building must be fully accessible

Question # 4

The University is obligated to provide personal use items needed in accomplishing daily activities both on and off the job or personal use amenities

True

False

Question # 4Answer False

The University is not obligated to provide personal use items needed in accomplishing daily activities both on and off the job or personal use amenities

Such items include: Eyeglasses Hearing aids Prosthetic limbs Wheelchair Refrigerator Items not provided to employees without disabilities

Question # 5

The ADA offers many protections for the disabled.  Which of the following applies to the employment portion of the Act?

A. Affirmative Action

B. Equal Employment Opportunity

C. Civil Rights

D. Entitlement

Question # 5Answer

C: Civil Rights

Question # 6

The purpose of the ADAAA is to

A. Clearly define a disability

B. Narrow the scope of what is a disability

C. Specify all qualified major life functions

D. Restore the intent of the ADA

Question # 6Answer

D: Restore the intent of the ADA

Question # 7

What is a reasonable accommodation?

A. A change to a work process that the company agrees to, and the employee provides the assistive technology for

B. Any change to the work environment or way things are done that does not cause an undue hardship to the organization

C. An exception made to a process or procedure so that the disabled person can meet essential job functions

D. An allowance made for a person perceived to have a disability

Question # 7Answer

B: Any change to the work environment or way things are done that does not cause an undue hardship to the organization

Question # 8

An essential job function is a:

A. Core responsibility of a job

B. A function the organization can’t be successful without

C. A management responsibility

D. Task performed on paper

Question # 8Answer

A: Core responsibility of a job

Question # 9

An impairment creates a disability when it substantially limits a:

A. Major life activity at all times

B. Person’s ability to do the job

C. Major life activity when the impairment is active

D. Prosthetic or assistive technology’s effectiveness

Question # 9Answer

C: Major life activity when the impairment is active

Question # 10

The ADA only applies to people who are already employees of your organization; it does not cover job applicants.

True

False

Question # 10Answer

False

The ADA applies to all qualified applicants and employees with disabilities