Pursuant to federal, state and the University Workplace Accommodations policy, Furman University provides reasonable accommodations to employees with qualifying disabilities as defined by the Americans with Disabilities Act.
Purpose
Furman University (Furman) is committed to the fair and equal employment of people with disabilities. It is Furman’s policy to reasonably accommodate qualified individuals with Disabilities when an accommodation is needed to allow an individual to compete for a job, perform the essential functions of a job, and/or enjoy equal benefits and privileges of employment, unless the accommodation would impose an undue hardship.
Who Can Request Accommodations
Any University employee, including faculty and staff (whether full- or part-time), student employees, and temporary employees may request reasonable accommodations.
Definitions of Terms Used in Employee Workplace Accommodations
“Disability” means a physical or mental impairment that substantially limits one or more major life activities. Physical or mental impairments include, for example, blindness and visual impairments, deafness and hearing impairments, mobility impairments, diagnosed emotional or psychological disorders, and some chronic illnesses such as asthma or diabetes.
“Essential Functions” are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. In determining whether an employee’s function is “essential,” the University considers factors such as the following: (a) whether the reason the position exists is to perform that function; (b) the number of other employees available to perform the function or among whom the performance of the function can be distributed; (c) the degree of expertise or skill required to perform the function; (d) the work experience of past or present employees in the position; (e) the time spent performing a function; and (f) the consequences of not requiring that an employee perform the function.
“Reasonable Accommodations” are modifications or adjustments to the work environment, job duties, or workplace policies that enable an employee with a Disability to perform the Essential Functions of their position, participate in employment-related activities, or enjoy equal benefits and privileges of employment.
Reasonable Accommodations may include, but are not limited to:
• Modification of work schedules;
• Provision of assistive devices or technology;
• Job restructuring (e.g., changes to the way a job function is performed);
• Modification of equipment or facilities; and/or
• Reassignment to a vacant position (if the employee is qualified for the vacant position).
The University may grant Reasonable Accommodations that are different from the accommodations the employee requested if the University determines those accommodations are effective in enabling the employee to perform the Essential Functions of their position, participate in employment-related activities, or enjoy equal benefits and privileges of employment.
Reasonable Accommodations will not include altering the Essential Functions of an employee’s position, removing Essential Functions of an employee’s position, lowering the standards of performance of the employee’s position, or anything that creates an Undue Hardship. Additionally, Reasonable Accommodations do not apply retroactively.
“Undue Hardship” is an action that is unduly costly, extensive, or disruptive; would fundamentally alter the nature or operation of the University (and/or department of the University); or would pose an imminent threat of harm to the employee or other persons. The University will determine whether a requested accommodation causes an Undue Hardship based on an individualized assessment of current circumstances.
Requesting Reasonable Accommodations
- Employees are generally responsible for initiating requests for accommodations.
- You can request an accommodation at any time during the application process or while employed. In general, you should request a Reasonable Accommodation when you know that due to a disability, there is a workplace barrier that is preventing you from competing for a job or performing a job. You can also request an accommodation that you need to access a benefit of employment like an employee lunch room or employee parking. As a practical matter, it is better to request an accommodation before your job performance suffers or conduct problems occur, because accommodations do not apply retroactively. In other words, accommodations are intended to enable you to perform the essential functions of your job, but they do not impact employment actions for a job performance or conduct that occurred before a request for accommodations was made.
- To request accommodations, employees should complete the online form to notify the Office of Human Resources.
- In the “Necessary Documents for the Request for Reasonable Accommodation” section below, employees will find the forms that request the following information: (A) a description of the specific accommodation(s) requested; (B) documentation from a qualified healthcare professional supporting the need for the requested accommodation(s); and (C) an explanation of how the requested accommodation(s) will enable the employee to perform the Essential Functions of their position. Your accommodation request should include all of this information.
- The Employee Relations Manager will meet with you to understand your needs and, based on your individual circumstances, to identify any appropriate reasonable accommodations. This meeting is part of an interactive process, which is a collaborative process between the employee, the employee’s supervisor and Human Resources.
- Information about an employee’s Disability is kept private and is not shared with an employee’s supervisor during the interactive process.
- Although they may choose to do so, employees are not required to use the words “accommodation” or “disability” when requesting accommodations. Rather, employees need only inform the University that they need an adjustment or change for a reason related to a medical condition or physical or mental impairment. When an employee provides such information to their supervisor, the supervisor must promptly notify the Employee Relations Manager in the Office of Human Resources.
- Supervisors may not inquire about an employee’s Disability or perceived Disability, even if the supervisor believes that a Disability may be affecting an employee’s job performance. In these situations, supervisors may instead ask if there is any way the supervisor can assist the employee with the employee’s job performance. If the employee declines, the supervisor need not take further action related to the Disability. If the employee discloses the need for assistance related to a Disability or medical condition, the supervisor must promptly notify the Employee Relations Manager in the Office of Human Resources.
- Additionally, supervisors and managers are required to notify the Office of Human Resources if:
- They know that (a) the employee has a Disability, (b) the employee is experiencing workplace problems because of the Disability, and (c) the Disability prevents the employee from requesting an accommodation.
- An employee has exhausted leave available to them under the Family Medical Leave Act leave but the employee is unable to return to work because of a medical condition that may qualify as a Disability.
Necessary Documents for the Request for Reasonable Accommodation
After the request for accommodations has been formally submitted (See "Begin the Process" below), and the employee has met with the Employee Relations Manager, three forms must be submitted: Employee Release of ADA Medical Information, ADA Medical Certification, and Request for Reasonable Accommodation.
This form is to be completed by the employee. A copy should be provided to the medical provider and to the Office of Human Resources (as directed by the Employee Relations Manager). Medical documentation for the accommodation request cannot be reviewed without this form.
Part I of this form is to be completed by the employee. Part II is to be completed by the medical provider. This form is meant to facilitate documentation of physical or mental disabilities and identify possible accommodations as deemed appropriate by the medical provider.
This form is to be completed by the employee. This form is meant to for the employee to identify the desired accommodations and address the nature of the disability.
The Interactive Process
Upon receipt of a request for accommodations, the University will engage in an interactive process with the employee and their supervisor(s). This process may include:
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- Reviewing the employee’s job duties and the Essential Functions of the employee’s position;
- Consulting with the employee, their healthcare professional, and/or relevant supervisors or department chairs or heads; and/or
- Evaluating potential Reasonable Accommodations that would enable the employee to perform the Essential Functions of their position.
All supervisors and departments are required to cooperate with the Office of Human Resources and participate in the interactive process.
The Office of Human Resources determines whether a requested accommodation is reasonable and/or whether a requested accommodation poses an undue hardship to the University or the employee’s unit. The Office of Human Resources makes this determination on a case-by-case basis, in consultation with the employee’s supervisor(s) and other University personnel as appropriate.
If the Office of Human Resources determines that a requested accommodation is unreasonable or creates an Undue Hardship to the University or the employee’s unit, the Office of Human Resources will work with the employee and the employee’s supervisor(s) to determine if alternative accommodations would be effective in enabling the employee to perform the Essential Functions of the employee’s position.
After engaging in the interactive process, the Office of Human Resources will issue the employee a letter granting or denying the employee’s requested accommodation(s). The employee’s supervisor(s) will also receive a copy of the letter; however, to maintain the confidentiality required by this Policy, the letter will not identify the employee’s Disability.
Begin the Process
To initiate the interactive process, please complete the Request for Reasonable Workplace Accommodation form. Upon submission, the Employee Relations Manager will schedule a brief meeting to review the process and respond to any questions.
Implementing Reasonable Accommodations
The employee and supervisor share responsibility for implementing Reasonable Accommodations granted by the Office of Human Resources.
The employee should notify the Office of Human Resources if:
- They require adjustments to the Reasonable Accommodations they are receiving;
- A change in their circumstances requires additional Reasonable Accommodations; and/or
- Ann implemented Reasonable Accommodation is not effective in enabling the employee to perform the Essential Functions of their position.
Confidentiality
The University will maintain confidentiality regarding an employee’s Disability and accommodation request except as necessary to implement Reasonable Accommodations or as otherwise required by law.
Documentation submitted in connection with an employee’s request for accommodations will be maintained separate from the employee’s personnel file and will not be shared with the employee’s supervisor.
Prohibition of Discrimination and Retaliation
Any employee who believes the University has wrongly denied their request for an accommodation may file a grievance under the University’s Nondiscrimination Policy. However, any new information related to the effectiveness of a Reasonable Accommodation granted by the Office of Human Resources must first be brought to the Office of Human Resources so they may re-engage in the interactive process with the employee and determine whether any adjustments or additions to the employee’s Reasonable Accommodations are appropriate.
The University prohibits retaliation against any employee who requests accommodations or participates in the interactive process.
Questions
Questions regarding the policy, the forms, or the interactive process may be sent to Sharen Beaulieu, Associate Vice President for Human Resources.