Workplace Accommodations

1. Disability” (with respect to an individual) is a physical or mental impairment, either temporary or permanent, that substantially limits one or more of the person’s major life activities, taking into consideration any mitigating measures; a history of having such an impairment; or being regarded as having such an impairment.
   
   
2. “Disability Supporting Documentation” is a current medical, psychological or other relevant documentation provided by a credentialed third party that establishes a person has a disability as defined above and demonstrates how the disability affects the person’s ability to perform the essential functions of their job or to participate in programs, services, or activities of the University.
   
   
3. “Discrimination” is unequal treatment based on a disability that interferes with an individual’s ability to participate in the University’s educational programs, services, or activities, or with an individual’s ability to perform their job responsibilities.
   
   
4. “Essential Job Functions” is the fundamental, basic job duties performed in a position. A function may be essential because: the position exists to perform that function; there are a limited number of employees available who could perform that function; and/or the function is highly specialized, and the incumbent is hired for special expertise or ability to perform it.
   
   
5. “Interactive Process” is ongoing communication between the employee and employer, or other University personnel, for the express purpose of providing a reasonable accommodation.
   
   
6. “Qualified Employee” is an employee with a disability who meets the legitimate skills, experience, education, or other requirements of a job and who can perform the Essential Job Functions of the position with or without reasonable accommodation.
   
   
7. “Reasonable Accommodations” are any changes to a job, the work environment, or the way things are usually done that allow an individual with a Disability to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace. Modifications must address the particular Disability and should not fundamentally alter the employee’s Essential Job Functions.
   
   
8. “Retaliation” is action taken against an individual solely because of seeking an accommodation related to Disability, filing a complaint of Discrimination based on Disability, or participating in an investigation or proceeding concerning allegations of Discrimination based on Disability.

To request an accommodation, an employee can contact the appropriate HR Administrator to discuss the request or complete the Request for Disability Related Accommodations form and email the request to ADArequest@salisbury.edu for review. The employee must document on the form the specific accommodation request and return it to OHR. Additional information or supporting medical documentation may be requested when necessary. This additional information or supporting documentation must be provided to the HR Administrator, upon request, in order to continue with the review and assessment process, and may include the specific functional limitations of the individual, the precise job limitations imposed by the disability, medical documentation, and/or the specific type or types of accommodations that might be effective.

The assigned HR Administrator will review the completed Request for Disability Related Accommodations form and supporting documentation, and meet with the employee to determine if the employee is a qualified individual with a disability and therefore eligible for accommodations. The HR Administrator may consult with other University officials, as appropriate, in making this determination.

For eligible employees with a qualified disability, the HR Administrator, in consultation with the relevant supervisor/unit head, will review the employee’s accommodation request in relation to their position, and facilitate an interactive dialogue with the employee, supervisor, and/or unit head, to determine whether or not there is an accommodation that would enable the individual to perform the essential functions of their job in a reasonable manner, or to enjoy equal benefits and privileges of employment. Such determination will be made in consultation with the employee’s supervisor. The appropriateness of an accommodation is determined through an interactive process that involves the individual with a disability, the individual’s supervisor/department (where applicable), and the HR Administrator. The University is ultimately responsible for selecting and implementing the accommodation that enables the employee to perform the essential functions of the position, and it may be different from the one requested.

Once eligibility and the reasonable accommodation are approved, the HR Administrator will develop an  Accommodation Plan, which will be shared with the employee and supervisor. It is the responsibility of the supervisor (or unit head) to work in coordination with the employee to ensure appropriate implementation of reasonable accommodations. The University will use good faith efforts to implement reasonable accommodations within thirty (30) business days of receipt of all required documentation for the requested accommodations.

It is the responsibility of OHR to work with the employee, supervisor and/or unit head, as necessary, to facilitate a resolution that ensures effective and timely implementation of the accommodation. An employee who believes they have been denied reasonable accommodations, discriminated against on the basis of disability, or disagree with the determination of an accommodation may request a review by the Associate Vice President for Human Resources. 

The Associate Vice President for Human Resources shall work with the employee to resolve the concern.  If efforts to resolve the issue are unsuccessful or if the employee is not satisfied with the results of good faith efforts, they may request a second level review by the Vice President for Administration and Finance (VPAF). If the employee does not agree with the final decision of the VPAF, they may file a complaint with the University’s Office of Institutional Equity.

 

Office of Institutional Equity
Phone: 410-543-6426
Email: equity@salisbury.edu

The ADA is a federal civil rights law that was passed in 1990 and its purpose is to protect people with disabilities from discrimination in employment (Title I). Title I of the ADA prohibits discrimination in employment and requires employers to provide reasonable accommodations for employees with disabilities.

The ADA covers a wide range of disabilities, including physical disabilities, sensory impairments, mental health conditions, learning disabilities, and more.

In general, Title I protects “qualified” “employees” with “disabilities.” The term “qualified” means that you satisfy the skill, experience, education, and other job-related requirements of the position sought or held, and can perform the essential job functions of the position, with or without reasonable accommodation.

Employees can request an accommodation at any time during the application process or while employed. You can request an accommodation even if you did not ask for one when applying for a job or after receiving a job offer. In general, you should request an accommodation when you know that due to a disability, there is a workplace barrier that is preventing you from competing for a job, performing a job, or gaining equal access to 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 employers do not have to rescind discipline that occurred before they knew about your disability.

The University is required to provide reasonable accommodations unless they can demonstrate that doing so would cause significant difficulty or expense. The accommodation must allow the individual to perform essential job functions without fundamentally altering the nature of the job and it may be different from the one requested.

If you are not satisfied with the results of good faith efforts and/or disagree with the determination of an accommodation, there are three steps that you can take, in the following order:

Step 1 - You may request a review by the Associate Vice President for Human Resources.

Step 2 - You may request a second level review by the Vice President for Administration and Finance (VPAF).

Step 3 - You may file a complaint with the University’s Office of Institutional Equity

The information shared with your supervisor is usually limited to what is necessary to implement the accommodation, such as functional limitations or work-related restrictions. The specific details disclosed may depend on the nature of the disability and the accommodation being requested.

Your supervisor will be involved in the interactive process. In order to protect the confidentiality of your medical information, the HR administrator may meet with your supervisor independent of your meeting with HR to ensure that sharing specific details related to your medical condition is limited to what is necessary to implement the accommodation.