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Policy 71

University of Wisconsin-Parkside
Reasonable Accommodation
Policy and Procedures for Applicants
Policy #71

Date of Approval: January 17, 2002

Table of Contents

I Statement of Purpose

II Definitions

III Procedures to Request Accommodations

IV Appeal Process

Appendix A

Appendix B

Appendix C


I. STATEMENT OF PURPOSE. It is the policy of the University of Wisconsin-Parkside (UW-Parkside) to provide reasonable accommodations for qualified individuals with disabilities who are applicants for employment for classified or unclassified positions. UW-Parkside will abide by all applicable federal and state laws, regulations, rules, and guidelines regarding the provision of reasonable accommodations required to afford equal employment opportunity to qualified individuals with disabilities. Such accommodations will be provided in a timely and cost-effective manner. Employment opportunities shall not be denied because of the need to make reasonable accommodations to an individual's disability.

II. DEFINITIONS

A. An Individual with a Disability is one who:

  1. Has a physical or mental impairment which substantially limits a major life activity (i.e. caring for oneself, performing manual tasks, walking, hearing, seeing, speaking, breathing, learning, and working) or the capacity to work; or
  2. Has a record of such impairment; or
  3. Is perceived or regarded as having such an impairment.

B. A Qualified Individual with a Disability is one whose experience, education and/or training enable the person, with or without reasonable accommodation, to perform the essential functions of the job.

C. A Reasonable Accommodation is an effort on the part of the employer to accommodate an individual's disability by making adjustments to the application process, the job or the work environment which will enable that individual to interview for or perform the essential functions of the job, but which does not involve undue hardship to the employer.

Reasonable accommodations may include, but are not limited to, making facilities accessible, adjusting work schedules, providing assistive devices or equipment, or modifying work sites.

D. An Undue Hardship refers to any accommodation that would be unduly costly, extensive, substantial or disruptive or that would fundamentally alter the nature or operation of the university.

E. The Essential Functions are those job duties, which are primary or intrinsic to a given position. They do not include those duties which are marginal or incidental to the position.

NOTE: A reprint of relevant statutory definitions relating to these terms is appended to this policy. (Appendix A).

III. PROCEDURES TO REQUEST ACCOMMODATIONS

A. Employment Process

1. All applicants who are invited to interview or to take an employment examination at UW-Parkside will be informed, at the time of such invitation, of the UW-Parkside policy to provide reasonable accommodations for applicants and employees with disabilities.

  1. Applicants for either classified or unclassified positions who receive a written letter of invitation will have the following paragraph included in the letter:

    "It is the policy of UW-Parkside to provide reasonable accommodations for qualified individuals with disabilities who are employees or applicants for employment. If you need assistance or accommodation to interview (or to test) because of a disability, please contact me at (phone number of person signing letter). Employment opportunities will not be denied because of the need to make reasonable accommodations for an individual's disability."

  2. Applicants for either classified or unclassified positions who receive invitations by telephone to interview or test will be informed of the foregoing information at the time of invitation.

  3. Applicants for either classified or unclassified positions may request accommodations for the interview process by contacting the individual responsible for the interview or test. If accommodations are made, the applicant must document the accommodation by filling out a Disability Accommodation Request Form, DER-DAA-10 (see Appendix B). Copies of the completed Request form shall be forwarded to the Human Resources Office.

2. Interviews

  1. If applicants are to be asked questions regarding their ability to perform specific job duties, all applicants must be asked the same questions. These questions may be prefaced with a statement regarding UW-Parkside's willingness to make reasonable accommodations. Applicants may not be asked whether they have a disability, or any other questions related to their health, physical condition or disabilities.

  2. An applicant may be asked questions about his or her ability to perform job-related functions, such as, "Do you have the ability to perform all the duties of this job?" or, "Is there anything which would prevent your performing all the duties of this job?"

  3. If an applicant indicates in the interview process that he or she has a disability or that he or she does or may need an accommodation, follow-up questions regarding the job-related impact of any such disability or accommodation may be asked.

3. Offers

  1. A qualified individual with a disability who is an applicant for a position will not be denied employment solely on the basis of a need to provide reasonable accommodation. Nevertheless, the employment may be offered conditioned upon the employer's ability to reasonably accommodate.

  2. If a qualified individual with a disability has been given an offer conditioned on the employer's ability to accommodate and such accommodation is being investigated, the notice to the selected candidate may state:

    "It is the policy of the UW-Parkside to comply with state and federal law regarding employees and applicants for employment with disabilities. A physical or mental disability does not constitute an automatic bar to employment and will be considered only as it relates to your ability to perform the job in question. Employment opportunities will not be denied because of the need to make reasonable accommodations."

  3. An applicant may be rejected due to disability only if;

1. The individual is unable to perform the essential functions of the job with or without reasonable accommodations; OR

2. If hired, the individual would pose a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.

IV. APPEAL PROCESS

If an applicant is dissatisfied with the accommodation(s) offered during the hiring process, he/she may file an appeal for the accommodations sought (under the UW-Parkside Discrimination Policy in the UW-Parkside Administrative Policies Handbook, Policy #54. (http://uwp.edu/staff/gov/adminpolicies/policy54.cfm)

Applicants for classified jobs may appeal to the Director of Human Resources. If the applicant is still dissatisfied, he/she may file an appeal with the Equity and Diversity Office.

Applicants for unclassified jobs may appeal to the ADA Coordinator. If the applicant is still dissatisfied, he/she may file an appeal with the Equity and Diversity Office.

APPENDIX A
STATUTORY REFERENCES FOR DEFINITIONS

The Wisconsin Fair Employment Act, 111.31 et seq. Wis. Stats. defines a "handicapped individual" as follows:

111.32111.32 (8) "Handicapped individual" means an individual who:
(A) Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;
(B) Has a record of such impairment; or
(C) Is perceived as having such an impairment.

Section 3, sub. (2) of the American with Disabilities Act of 1990 (42 USC 12101 et seq.) defines disability as follows;

(2) DISABILITY. - The term "disability" means, with respect to an individual-
(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(B) a record of such impairment; or
(C) being regarded as having such an impairment.

The Rehabilitation Act of 1973, 29 USC sec. 701 et seq. 504 defines a handicapped person to be someone who

(1) has a mental or physical impairment which substantially limits one or more of such person's major life activities;
(2) has a record of such impairment; or
(3) is regarded as having such an impairment.

Section 101, sub. (8) of the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) defines qualified individual with a disability as follows;

(8) QUALIFIED INDIVIDUAL WITH A DISABILITY.-The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this title, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

Section 101, sub. (9) of the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) defines reasonable accommodation as follows;

(9) REASONABLE ACCOMMODATION-The term "reasonable accommodation" may include-
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

Sec. 101, sub. (10) of the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) defines undue hardship as follows;

(10) UNDUE HARDSHIP-
(A) IN GENERAL.-The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).
(B) FACTORS TO BE CONSIDERED-In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include-

(i) the nature of the cost of the accommodation needed under this Act;
(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of employees; the number, type, and location of its facilities; and
(iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.

The proposed rules to the Americans with Disabilities Act of 1990 define essential functions as follows; 2.25

(n) Essential functions.-(1) In general. The term "essential functions" means primary job duties that are intrinsic to the employment position the individual holds or desires. The term "essential functions" does not include the marginal or peripheral functions of the position that are incidental to the performance of the primary job functions.

(2) A job function may be considered essential for any of several reasons, including but not limited to the following:

(i) The function may be essential because the reason the position exists is to perform that function;
(ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or
(iii) The function may be highly specialized so that the incumbent in the position is hired for his to her expertise or the ability to perform the particular function.

(3) Evidence that may be considered in determining whether a particular function is essential includes but is not limited to:

(i) The employer's judgment as to which functions are essential;
(ii) Written job descriptions prepared before advertising or interviewing applicants for the job;
(iii) The amount of time spent on the job performing the function;
(iv) The consequences of not requiring the incumbent to perform the function;
(v) The work experience of past incumbents in the job; and/or
(vi) The current work experience of incumbents in similar jobs.

APPENDIX B
Disability Accommodation Request Form

Available from Human Resources, 595-2204

APPENDIX C
TECHNICAL ASSISTANCE RESOURCES

  1. The employee and his or her physician should be the first resource when an accommodation is under consideration.

  2. The UW-Parkside Office of Equity and Diversity, Wyllie Hall, (262) 595-2369.

  3. The UW-Parkside Office of the ADA Coordinator, (262) 595-2372.

  4. State of Wisconsin, Department of Administration, Disabled Services Coordinator, 101 East Wilson, 8th Floor, Madison, WI, 53702. (608) 267-0509.

  5. State of Wisconsin, Division of Vocational Rehabilitation. The following are local offices:

    Racine DVR
    7033 Washington Avenue, #103
    Racine, WI 53406-3873
    (262) 884-7300 (voice)
    (262) 884-7303 (TTY)
    (800) 833-0171 (toll free)

    Kenosha DVR
    712 55th Street
    Kenosha WI 53140-3690
    (262) 653-6453 (voice/TTY)
    (800) 228-2681 (toll free)

    Statewide information and referral. (800) 362-9611

  6. Easter Seal Society of Wisconsin. Assistance for persons with physical disabilities.

    1409 Emil Street
    Madison WI 53713
    (608) 257-3411

  7. Job Accommodation Network (JAN). Computerized database of accommodation information relating to employment.

    P O Box 6122
    Morgantown WV 26506
    (800) 526-7234

  8. Director, Technical Assistance; US Department of Health and Human Services, 300 Wacker Dr., Chicago IL 60606. (312) 353-5160.

900 Wood Road · P.O. Box 2000 · Kenosha, WI 53141-2000 P 262-595-2345