Employee Reasonable Workplace Accommodations

Prairie View A&M University is required by law to provide reasonable accommodations to qualified applicants and employees with disabilities. The University’s ADA Coordinator (Renee R. Williams) is charged with coordinating the University’s compliance with the employment provisions of the Americans with Disabilities Act, as amended (ADA). University employees with a qualifying condition are evaluated for workplace accommodations under Title I of the ADA.

University employees and applicants with a qualifying condition are considered for ADA Accommodations under Title I of the ADA. Having a medical condition alone is not enough to make someone eligible for accommodation under the ADA. Under the ADA, an individual with a disability is someone 1) with a physical or mental impairment that substantially limits one or more major life activities, and 2) has a record of such an impairment, or is regarded as having such an impairment. To have an “actual” disability (or to have a “record of” a disability) an individual must be (or have been) substantially limited in performing a major life activity as compared to most people in the general population.

**Note: Documentation is not required when an employee’s disability and need for accommodation are both obvious. For example, if an employee who recently started using a wheelchair indicates that s/he needs a ramp to get into the workplace, the disability and need for accommodation are obvious

• Employees seeking workplace accommodation(s) are responsible for initiating contact with and requesting information regarding accommodations.
• Employees interested in workplace accommodations can call or email the Equal Employment Opportunity Office (EO@pvamu.edu) to request the paperwork to start the accommodation process.
• An employee may request a reasonable accommodation at any time, either verbally or in writing. A request does not have to include any specific words, such as “reasonable accommodation,” “disability,” or “Americans with Disabilities Act.” A request is any communication in which an individual asks or states that s/he needs the University to provide or to change something because of a medical condition.
• A supervisor, manager, or EEO will ask an individual whether s/he is requesting a reasonable accommodation if the nature of the initial communication is unclear.
• Managers/Supervisors who receive a request for accommodation should refer the employee to EEO, and notify that office of such referral via email at EO@pvamu.edu
• Although employees may initially consult with EEO without first informing his or her supervisor, supervisors are an important part of the interactive process. They will be brought into the discussion about the specific impact of the medical condition on job performance and recommended accommodations.
• It is important to note that in having this discussion, EEO does not share the medical diagnosis or disability documentation with the supervisor, but rather maintains the focus on the limitations of the condition(s) and suggested accommodations.

• When an employee indicates a need for an ADA accommodation, EEO will provide the individual with the necessary paperwork to be completed**
• University employees can also access and print the necessary paperwork by clicking here.
• In order to determine whether an employee is eligible for accommodations under the ADA, he or she will need to provide written documentation from their licensed health care provider concerning their disability** (Employee Accommodation Medical Certification Form)
• After receiving the documentation from the employee’s health care provider, EEO will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, EEO may request that the employee obtain additional or clarifying information from their healthcare provider.

In order to determine whether an employee is eligible for accommodations under the ADA, he or she will need to provide written documentation from their licensed health care provider concerning their disability. Below is a list of the paperwork employees will need to complete to begin the accommodation process:

1. Employee Accommodation Request Form (employee must complete and return to EEO)
2. Employee Accommodation Medical Certification Form (employee provides a copy to their licensed health care provider who completes it on their behalf. Either the employee or their provider can return the form to EEO)

*Interactive Process Guide for Supervisors & Managers

• Once an employee has provided the necessary paperwork to facilitate an accommodation request, EEO will initiate the interactive process through the University’s designated ADA Coordinator, Renee R. Williams, Director of EEO or designee.
• The accommodation process is a collaborative and interactive process between the ADA Coordinator, the employee seeking accommodations, the employee’s supervisor, and/or other appropriate personnel (including Human Resource personnel and Benefits).
• Once an employee has submitted his or her completed ADA paperwork, the ADA Coordinator will schedule a time to meet with him or her. Communication is a priority throughout the entire process, but particularly when the specific limitation, problem, or barrier is unclear; when an effective accommodation is not obvious; or when the parties are considering different forms of reasonable accommodation.
• After meeting with an employee, the ADA Coordinator will reach out to the employee’s supervisor to discuss the accommodations being requested and explore the feasibility of their implementation.
• The ADA Coordinator works collaboratively with both the employee and the supervisor to identify a mutually agreeable accommodation that will provide the employee with the opportunity to be successful. Finding an accommodation that has the support of both the employee and his or her supervisor helps to ensure a successful and sustainable outcome.

After meeting with both the employee and their supervisor, separately, the ADA Coordinator will coordinate a meeting with both the employee and the supervisor to discuss accommodations agreed upon and determine if the accommodations are reasonable. The next step is to draft an approval of accommodation form for the employee. The approval form will:

1. Outline the accommodation(s) being provided;
2. List expectations related to the implementation of the accommodation(s);
3. Provide a timeframe for when the accommodations will be reviewed to determine their effectiveness;
4. List the names of those who were party to the accommodation process and are involved in the implementation of the approved accommodations, including supervisors.

There may be instances in which there is no reasonable accommodation that enables the employee to perform the essential functions of his/her job. Although there is a requirement to facilitate the interactive process and to explore whether or not there is a reasonable accommodation, there is no requirement to provide the exact accommodation requested by the individual or to remove an essential function of the position. This may result in the Denial of an accommodation request.

• The decision as to the appropriate (reasonable) accommodation is made on a case-by-case basis. The principal test is that of effectiveness; whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average similar-situated person without a disability.

Actions that are not required or reasonable include:

• Removing an essential function or duty
  
• Lowering production or performance standards
• Excusing violations of conduct rules that are job-related and consistent with business necessity
• Monitoring an employee’s use of medication
• Actions that would result in an undue hardship (i.e., significant difficulty or expense)
• Restructuring working hours, so they fall far outside the obligations of an employee’s unit and/or position.
• Some positions require employees to be on campus at all times and/or at certain hours and may not have as much flexibility to accommodate requests for changes
• Requests that will disrupt the University’s mission to achieve excellence in the interrelated areas of undergraduate education, graduate education, research, and public service

• The scope of the ADA does not charge employers with the obligation to provide employees with items such as hearing aids, wheelchairs, scooters, eyeglasses, etc.
• Hearing aids and the like fall into a category called personal-use items, which the University does not provide for its employees.

• To park in an ADA space on campus faculty, and staff must have a state-issued ADA placard, IWD license plate (permanent or temporary), or medical documentation to secure a valid PVAMU ADA parking permit.
• Individuals in need of securing parking in an Accessible space should submit their required documentation to the Office of Equal Employment Opportunity ; (EO@pvamu.edu). EEO will provide upon review of required documentation, approval for purchasing an Accessible ADA parking decal in The Office of Parking Services.

• University employees interested in bringing a Service Animal to their workplace as a reasonable accommodation under Title I of the ADA are required to consult with the ADA Coordinator. **If the need for the animal is obvious (e.g., Guide Dog), a consultation is not required.
• Employees who use Service Animals need to be able to communicate that the animal is needed for disability­ related reasons (when the need is not obvious) and disclose/provide documentation that the animal is trained to be in a work environment without disrupting the workplace or otherwise behaving inappropriately.
• After the initial consult, if the disability is not obvious and/or the reason the Service Animal is needed is unclear, the ADA Coordinator will request documentation to establish the existence of a disability and how the Service Animal will help the employee perform his or her job.
• • If your licensed healthcare provider recommended the Service Animal, then your provider should be able to verify that you need the Service Animal for disability-related reasons. This practice is allowable under Title I of the ADA as employers have the right to request reasonable documentation that an accommodation is needed because of an employee’s disability.

• Any records or information obtained by the ADA Coordinator as a part of the accommodation process that reflects diagnosis, evaluation, or treatment of an employee’s medical or mental health condition is considered confidential and maintained by EEO.
• Such records shall be shared with only those University employees who have a need to know in order to implement the accommodation process and shall not be released except as required by law. ADA related files are kept separate and apart from the location of personnel files and access is limited to the ADA Coordinator and EEO/HR personnel.
• The ADA Coordinator will not disclose the diagnostic or treatment information (including the ADA file) of employees participating in the accommodation process. There are, however, instances when the aforementioned information is shared with certain individuals such as Human Resource personnel, first aid and safety personnel, or University personnel investigating compliance with the ADA (including EEO Compliance, & Legal).
• • The knowledge that an employee has an approved workplace accommodation is limited to those involved in the accommodation process. Supervisors and staff involved should take care to maintain confidentiality. Faculty with accommodations related to their building assignment need to be aware that the ADA Coordinator will also inform their department’s course scheduler and the Registrar’s Office of the approved accommodation.