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Administrative
Policies — Section 8
POLICY AND PROCEDURE FOR PROVIDING REASONABLE ACCOMMODATIONS FOR EMPLOYEES WITH DISABILITIES
Earlham aspires to be an inclusive community. Striving for inclusion of all people is based upon Earlham's educational ideals. Our vision of good education involves community members learning about other members within an everyday context that mirrors the pluralistic world around us. This ideal applies equally to students and employees of the College who may have disabilities requiring reasonable accommodations.
In pursuit of this ideal, we are also guided by federal law. Section 504 of the Rehabilitation Act of 1973 states that "no otherwise qualified individual with a disability shall, solely by reason of the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." Title I of the Americans with Disabilities Act of 1990 (ADA) reinforced the provisions of the Rehabilitation Act, and prohibits private employers from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. To this end, Earlham College is committed to providing reasonable accommodations to qualified employees with disabilities.
1.
Who is Considered Disabled under these Laws?
The ADA defines an individual with a disability as a person who (1) has a physical or mental impairment that substantially limits one or more of the major life activities of that person, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. Major life activities include caring for self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
2.
What is Reasonable Accommodation?
"Reasonable accommodation" is the term used by the ADA and the Rehabilitation Act for modifications made to an environment which eliminate or decrease, to a reasonable degree, barriers which an employee might encounter due to his or her disability. "Reasonable accommodation" may include modifying existing facilities, acquiring or modifying equipment used to perform the job, modifying work schedules or reassignment to a comparable vacant position that, ideally, offers comparable salary. However, an employer is not required to make an accommodation if it would impose an "undue hardship" on the operation of the employer's business. The EEOC defines undue hardship as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
Reasonable accommodations related to the "benefits and privileges" of employment include accommodations that are necessary to provide individuals with disabilities access to facilities or portions of facilities to which all employees are granted access (e.g., employee break rooms and cafeterias), access to information communicated in the workplace, and the opportunity to participate in employer-sponsored training and social events. (www.eeoc.gov)
3.
College Commitment and Support
Commitment
Earlham College is committed to providing equality of opportunity
to persons with disabilities through a supportive work environment. Supervisors
and employees work together in partnership to determine employees' needs
and attempt to see that those needs are met.
4.
Procedural Guidelines
Communication
Earlham expects employees to take an active role in communicating their need
for accommodations. Therefore, employees seeking accommodations should
inform their supervisor of their needs as soon as possible after hiring.
If the need for accommodations or changes in accommodations arises after
employment, notification of such should be in a timely manner to allow
for sufficient time to make any necessary arrangements. Diagnostic Documentation
Diagnostic documentation is critical in determining reasonable accommodations. It
is the individual employee's responsibility to identify her- or himself
as a person with a disability and to provide the College with diagnostic documentation
of the disability from an appropriately licensed medical or vocational professional. The
documentation should state the major life activity that is significantly impaired
when compared to the average person and the current functional limitation of
that major life activity. The professional may also provide guidance on
reasonable accommodations. The documentation must be submitted to the individual's
supervisor for review when an accommodation is sought. Confidentiality and Information Release
Earlham College is committed to ensuring that all disability information regarding
an employee is maintained as confidential as required or permitted by law. Training
necessary for supervisors to implement this commitment will be provided by
the College. In most instances, the College will not inform other employees
as to the nature of the person's disability except as deemed necessary
by a senior staff member within applicable law. College officials will generally
be informed on a need to know basis as to what accommodations are necessary
or appropriate to meet the person's disability-related needs. Creating a Climate of Inclusiveness
In order to promote a climate of inclusiveness with regard to disabilities, the
College will offer workshops, share informational material, and/or provide
other opportunities for dialogue among community members aimed at developing
better understanding of differences in ability and fostering greater appreciation
of how such differences enrich the community.
Employees requesting reasonable workplace accommodations should contact the Director of Human Resources for more specific procedures.
Procedure for Requesting Workplace Accommodations
Updated March 2007
Submit current documentation regarding the specific disability
to the employee's supervisor (for purposes of this policy,
the supervisor of teaching faculty is the Academic Dean). The
request for an accommodation should include Diagnostic Documentation,
as defined in the handbooks, and should specifically demonstrate
how the disability limits the individual's ability to
perform the essential functions of the position. For sake of
consistency, the supervisor shall consult with the College's
Director of Human Resources for information regarding both
College policy and relevant federal law. The documentation
will be reviewed, and the employee will be notified once that
process is completed. The documentation will be maintained
in the Human Resources Office, separate from other personnel
records. The employee meets with his/her supervisor to discuss the
request for appropriate workplace accommodations. Some accommodations
may dictate that the employee, supervisor, and other College
officials collaborate to identify an accommodation that meets
the needs of both the employee and the College. Supervisors
and employees are encouraged to consult resources such as www.eeoc.gov,
the ADA Hotline (800-949-4232) and a publication available
in the Human Resources Office, "Campus Supervisor Training
Tips: Guidance for Accommodating Employees with Disabilities".
The senior staff member responsible for the employee's
area acts upon the request for accommodations, in consultation
with the Director of Human Resources. A memo prepared
by the appropriate senior staff member, documenting the approved
accommodation, will be retained in the Human Resources Office,
in a separate confidential file with a copy to the employee.
Likewise, any medical information necessary for determining
reasonable accommodation will be maintained in that same separate
confidential file. In the event that a request for accommodation
is denied, a memo explaining that decision will be kept in
that confidential file, with a copy to the employee. Any appeal
of this decision will be decided by the President. The appeal
to the President must be submitted in writing, within thirty
calendar days of the date of the denial (the date of the memo
explaining the decision). The initial accommodations recommended for an employee
may be modified as directed by a change in the employee's
need, the nature of work requirements or available technology. It
is the employee's responsibility to request the modification
and to provide support for said change. Additional documentation
may or may not be required at the supervisor's discretion.
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