Employee Disability Accommodation Policy and Procedures

Op1.02-5 Employee Disability Accommodation Policy and Procedures

Requesting workplace accommodations for employees with disabilities

This guidance memo outlines the Missouri State University policies and procedures for employee requests for disability-related accommodations.

A. Policy

Missouri State University is committed to providing an accessible and supportive environment for employees with disabilities. Equal access for qualified individuals with a disability is an obligation of the university under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The University does not discriminate on the basis of disability against qualified individuals with a disability in any program, service or activity offered by the University. The university is committed to ensuring that no qualified individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids or other appropriate services; however, accommodations cannot result in an undue burden to the University or fundamentally alter the essential functions of the job.

B. Implementation and responsibility

1. Employees are responsible for initiating requests for any desired disability related workplace accommodations by contacting the Deputy Compliance Officer at Carrington Hall Suite 205, by phone at 417-836-6755 (voice) or via email at DeputyComplianceOfficer@MissouriState.edu.
2. Supervisors (including, for purposes of this policy, academic unit leaders) have an obligation to provide reasonable accommodations as a matter of nondiscrimination. Supervisors (including academic unit leaders) also have an obligation to ask if an accommodation is needed if an individual with a disability is having performance problems likely related to the disability. In the event that a supervisor receives a request for a workplace accommodation from an employee, the supervisor is responsible for informing the employee of the accommodation process and referring the request to the Deputy Compliance Officer. Supervisors are also responsible for initiating a discussion concerning accommodations when they have reason to believe that an employee’s disability precludes the employee from initiating a request. 
3. Division of Legal Affairs and Compliance — and specifically the Deputy Compliance Officer, is responsible for evaluating the request, determining what type of documentation (if any) is necessary, and determining whether the requested accommodation is appropriate and effective. The Deputy Compliance Officer may also be contacted for information regarding campus accessibility and resources for obtaining technical and assistive equipment. One may reach the Deputy Compliance Officer at Carrington Hall Suite 205, by phone at 417-836-6755 (voice) or via email at DeputyComplianceOfficer@MissouriState.edu.

C. Interactive Accommodation Process 

1. Request: The employee is responsible for requesting a workplace accommodation for their disability. However, the supervisor has an obligation to ask if an accommodation is needed if an individual with a disability is having performance problems likely related to the disability. The request shall be made to directly to the Deputy Compliance Officer in Carrington 205, 417-836-6755 (voice) or at DeputyComplianceOfficer@MissouriState.edu. In the event that the requested accommodations would cause undue hardship or burden because of costs on the university, the individual with the disability shall be given the option of providing the accommodations themselves or paying for the portion of the cost that poses the undue hardship or burden.
   
   Requests should be made in writing via the Accommodation Request Form and should include the following information:
   1. Name, telephone number and address of employee
   2. Department
   3. Supervisor
   4. Physical or mental condition and its duration
   5. Nature of request
   6. Brief explanation of how the requested accommodation will enable the employee to perform the essential functions of their job.
      
      
2. Discussion: When the Deputy Compliance Officer receives a request for workplace accommodations,  they will meet with the employee to acknowledge the request and explain and engage in the interactive accommodation process. The Deputy Compliance Officer will also meet with thesupervisor if necessary/appropriate to discuss the request and accommodation alternatives.
   
   
3. Documenting the Disability: The Deputy Compliance Officer will determine what type of documentation, if any, is necessary to verify the disability. This may vary depending on the nature and extent of the disability and the accommodation requested. It is the responsibility of the employee to provide the requested documentation regarding the disability for which accommodation is being sought. In the event the University determines it is appropriate to obtain a second professional opinion concerning the nature or impact of a physical or mental disability, the University will bear the cost of obtaining the second opinion. The request for an accommodation will be evaluated once all requested documentation hasbeen submitted by the employee. In some instances, an accommodation may be granted on a temporary or provision basis, prior to the receipt of all necessary documentation.
   
   
4. Evaluation: Appropriate accommodations are determined following an individualized assessment of each request. The Deputy Compliance Officer will consider the needs and requests for reasonable accommodation to determine whether the necessary equipment or services exist already in a different department or unit before investing in new equipment or additional services. Among the factors considered 
   1. What is the nature of the employee’s physical or mental condition and how does it affect his/her needs in the workplace setting?
   2. Does the employee’s physical or mental condition limit one or more major life activities?
   3. Will the requested accommodation allow the employee to perform the essential job functions effectively?
   4. Will the requested accommodation alter or remove an essential function of the job?
   5. What impact will the requested accommodation or modification have on the department or unit?
   
   The University is not required to provide an accommodation that will have the effect of eliminating an essential function of the job in question nor to provide an accommodation or service which is personal in nature, such as a hearing aid or wheelchair. However, if a reasonable accommodation would constitute an undue hardship because of its costs, the individual with a disability must be given the option of providing the accommodation themselves or paying the portion of the cost that constitutes undue hardship. Furthermore, the University is not required to lower performance, production or conduct standards nor to alter attendance requirements expected of all employees.
   
   
5. Notification: The Deputy Compliance Officer will provide the employee with written notification of the determination within fifteen (15) calendar days of receiving the completed request (including the requested documentation). If the determination includes an accommodation, the notice will also include the expected implementation date. In the event that the Deputy Compliance Officer needs additional time to assess a request or to provide an accommodation, the employee will be provided with written notification of the status of the request and the proposed date of determination.
   
   
6. Subsequent/Ongoing Evaluation: Depending on the nature of the disability and/or the nature of the accommodation, the University may determine that it is appropriate to reevaluate the reasonableness, effectiveness, and/or ongoing necessity of the accommodation after initial approval and implementation. In such event, the interactive process will be reinitiated.

D. Funding of accommodations

If the accommodation is deemed appropriate and reasonable, then the department bears the initial responsibility for funding the accommodation. If the cost is beyond the department’s means, then the supervisor should discuss funding the accommodation with the next level in the department’s/office’s reporting line (i.e., dean, head of cost center, etc.). If funding issues remain after discussion at the level of dean, head of cost center, etc., then the matter should be addressed with the provost or appropriate vice president. If a reasonable accommodation would constitute an undue hardship because of its costs, the individual with a disability must be given the option of providing the accommodation themselves or paying the portion of the cost that constitutes undue hardship.

E. Resolving disagreements

In the event an employee requesting an accommodation disagrees with the determination and/or proposed accommodation, such that they believe they have been discriminated against on the basis of a disability, they may file a complaint with the Office for Institutional Compliance, consistent with Op1.02-2 Discrimination Complaint and Investigation Procedures. The Office for Institutional Compliance may be contacted at Carrington 205, 417-836-4252 (voice), 417-836-3257 (TTY) or at Compliance@MissouriState.edu.

F. Confidentiality and records

All University employees have a legal obligation to maintain confidentiality regarding a staff or faculty member’s disability-related information. To that end, supervisors and the Deputy Compliance Officer shall provide information to staff and faculty only when necessary to facilitate accommodations.