SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
POLICY:
Jackson Health System (JHS) s committed to the philosophy and policies of Title II of the
Americans’ with Disabilities Act (ADA) which prohibits discrimination against any
qualified individual with a disability in employment, public services, public
accommodations, state and local government, and telecommunications.
Employees of Jackson Health System shall not discriminate against a qualified individual
with a disability because of the disability of such individual in regard to job application
procedures, the hiring, advancement, or discharge of employees, employee
compensation, job training, and other terms, conditions, and privileges of employment.
This policy protects three categories of individuals with disabilities:
1.
Individuals who have a physical or mental impairment that substantially limits one
or more major life activity or activities;
2.
Individuals who have a record of a physical or mental impairment that
substantially limits one or more of the individual’s major life activities; and
3.
Individuals who are regarded as having such an impairment, whether they have
the impairment or not.
Individuals with a permanent physical or mental disability who have reached
Maximum Medical Improvement (MMI) may be covered by this policy. The
following are examples of commonly disabling impairments: substantial
orthopedic, visual, speech, hearing impairments, tuberculosis, epilepsy, HIV
infection, AIDS, cerebral palsy, muscular dystrophy, heart disease, cancer,
mental retardation, organic brain syndrome, mental illness, and specific learning
problems.
This policy usually does not apply to individuals with temporary, non-chronic
impairments because they are of short duration with little or no long-term permanent
impact. The following are examples of temporary impairments:
broken limbs, sprained joints, concussions, appendicitis, normal pregnancy,
colds, flu, etc.
TERMINOLOGY
Reasonable Accommodation Committee (RAC):
The RAC reviews and makes final decisions when: (1) an accommodation cannot be
provided at the department or division level or, (2) whenever a manager needs
assistance in making an accommodation. The committee is composed of (but not
limited to) representatives from Human Resources Capital Management (HRCM),
DATE: 03/2014
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
Occupational Health Services (OHS), and the Director of the affected department. Legal
counsel is provided by the Miami-Dade County Attorney’s office.
Physical or Mental Impairment
The phrase “physical or mental impairment” can include:
(1)
Any physiological disorder, or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive, genitourinary, hematologic and lymphatic, skin and endocrine; or
(2)
Any mental or psychological disorder, such as mental retardation, organic
brain syndrome, emotional or mental illness, and specific learning
disabilities.
Substantially Limiting Impairment
An impairment, in and of itself, does not necessarily constitute a “disability.” The
impairment must substantially limit one or more of the individual’s major life activities on
the job and off the job in order to fit within the first definition of “disability.”
Major Life Activities
“Major life activities” are those basic activities that the average person in the general
population can perform with little or no difficulty. The term includes, but is not limited to,
caring for oneself, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, working, sitting, standing, lifting, and reaching. An individual is not
substantially limited if he or she is merely restricted from performing on the job.
Qualified Individual with a Disability (QUID)
The ADA protects a “qualified individual with a disability” (i.e. an individual who, with or
without reasonable accommodation, can perform the essential functions of his or her
employment position and has the required skills, experience, and education required for
the position the individual holds or is applying for.)
Essential Functions
“Essential functions” are the basic duties that an employee must be able to perform, with
or without reasonable accommodation. The term “essential functions” does not include
the marginal functions of a position. If an employee cannot perform the essential
functions of the job with or without reasonable accommodation, then the employee is not
a qualified individual with a disability under the ADA.
DATE: 03/2014
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
Direct Threat
“Direct threat” is defined as a significant risk of substantial harm to the health or safety of
the individual or others that cannot be eliminated or reduced by reasonable
accommodation. This Direct Threat determination must be based upon an individualized
assessment by the RAC of the individual’s present ability to safely perform the essential
functions of the job.
Reasonable Accommodation
”Reasonable Accommodation” is any change or adjustment to a job or work environment
that permits a qualified applicant or employee with a disability to participate in the job
application process, to perform the essential functions of a job, and to enjoy benefits and
privileges of employment equal to those enjoyed by employees without disabilities.
Whether an accommodation is reasonable requires a determination of whether the
accommodation would (1) be ‘effective,’ i.e., would address the job-related difficulties
presented by the employee’s disability, and (2) allow the employee to attain level of
achievement, opportunity and participation equal to that which a non-disabled individual
in the same position would be able to achieve.”
A reasonable accommodation can include, but is not limited to, the following possible
actions: acquiring or modifying equipment or devices; job restructuring; part-time or
modified work schedules; reassignment to a vacant position; adjusting or modifying
examinations, leave of absence, training materials, and policies; and making the
workplace readily accessible to and usable by individuals with disabilities.
The Equal Employment Opportunity Commission (EEOC) has suggested the following
process when an employee requests an accommodation:
DATE: 03/2014
1.
Analyze the particular job in question and determine its purpose and
essential functions.
2.
Consult the individual with the disability to ascertain the precise jobrelated limitations imposed by the disability and how those limitations
could be overcome with a reasonable accommodation.
3.
In consultation with the individual to be accommodated, identify potential
accommodations and assess the effectiveness each would have in
enabling the individual to perform the essential functions of the position.
4.
Consider the preference of the individual to be accommodated and select
and implement the accommodation that is most appropriate for both the
employee and employer.
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
Undue Hardship
“Undue hardship” means that an accommodation would be unduly costly, extensive,
substantial or disruptive, or would fundamentally alter the nature or operation of the
business.
If a particular accommodation would constitute an undue hardship, an employer must try
to find another accommodation that will not pose such a hardship. If cost causes the
undue hardship, the employer must also consider whether funding for an
accommodation is available from an outside source, such as a vocational rehabilitation
agency, and if the cost of providing the accommodation can be offset by state or federal
tax credits or deductions. The employer must also give the applicant or employee with
the disability the opportunity to provide the accommodation or pay for the portion of the
accommodation that constitutes an undue hardship.
Medical Examinations
A “medical examination” is a procedure or test that seeks information about an
individual’s physical or mental impairment or health.
Medical Records
All medical records shall be kept confidential and cannot be released without a court
order or the applicant’s/employee’s permission. However,
1.
Supervisors and managers may be informed about necessary work
restrictions/accommodations of persons with disabilities.
2.
The Reasonable Accommodations Committee and Occupational Health
Services may request additional medical examinations as necessary to
clarify the Reasonable Accommodation request and/or disability.
3.
OHS and safety personnel may be informed if the condition might require
emergency treatment, or if any specific procedures are needed in the
case of fire or other evacuations.
4.
Government officials investigating compliance with the Rehabilitation Act
of 1973 and Americans with Disabilities Act of 1990 shall be provided
relevant information upon request.
Job Search
A period of time up to one hundred and twenty (120) days may be granted to a qualified
individual with a disability and to a disabled employee who cannot perform the essential
functions of their assigned position with or without an accommodation. This period will
be used by the employee to locate a suitable position within or outside the PHT. The
DATE: 03/2014
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
Talent Acquisition Services Office will assist qualified individuals with a disability to find a
suitable position within JHS. Talent Acquisition will assist with locating suitable
positions, identifying training/educational needs and counseling on proper interviewing
techniques. During this period, employees are encouraged to seek assistance from the
Employee Work Life Services department, Vocational Development, and external
educational institutions and government agencies as needed. Employees on a job
search should contact the Chairperson of the Reasonable Accommodation Committee
(RAC) to resolve problems and issues that occur during the job search period.
All employees who are unable to perform the essential functions of their position and are
unable to locate a suitable position upon completion of the job search period will be
assessed by the RAC and a decision may be rendered to terminate their employment
through the Disciplinary Action process.
Maximum Medical Improvement (MMI)
“Maximum Medical Improvement” or MMI refers to a permanent medical condition in
which no further improvement is expected. It must be medically determined, by the sick
or injured employee’s physician, that this condition has been attained.
PROCEDURES:
1.
DATE: 03/2014
The Reasonable Accommodation Request Form shall be available in the
Occupational
Health
Services
Office,
Leave
Management
Office,
Employee/Labor Relations Office, Talent Acquisition Services (Recruitment)
Office, Employee Work Life Services Office Satellite Administrative offices and
on the JHS Intranet.
Notices regarding availability of Reasonable
Accommodation will also be posted in those offices.
(a)
Individuals with disabilities may complete and submit a Reasonable
Accommodation Request Form to their immediate supervisor or
Departmental Director.
(b)
Job applicants with disabilities are responsible for completing the
Reasonable Accommodation Request Form and submitting it to the
Talent Acquisition Services office. A job description, including job
functions, shall be reviewed with each applicant before an offer is
extended.
(c)
If the employee or applicant is unable or declines to submit a written
request, a written Reasonable Accommodation Request Form may be
submitted on behalf of the disabled individual by the supervisor,
Departmental Director recruiter, co-worker, spouse, family member,
friend, pastor, or physician. The Reasonable Accommodation Request
Form will be submitted to the supervisor or Departmental Director of the
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
employee and to Talent Acquisition Services for applicants or employees
applying for a new position or reassignment.
2.
Supervisors, Department Directors, OHS and recruiters will complete Section 2
of the form and send all Reasonable Accommodation Request Forms to the RAC
prior to providing an accommodation. A copy of all requests must be submitted
to the RAC and to Integrated Leave Management Office within two (2) working
days of receipt of the request. The Talent Acquisition office shall consult with the
RAC as necessary when providing an accommodation to an individual during the
application process, and forward the Reasonable Accommodation Request Form
to the RAC and to Integrated Leave Management Office within two (2) days after
the accommodation is provided.
3.
All Reasonable accommodation requests received by the RAC will be reviewed
and evaluated. A notice of hearing will be sent to the Departmental Director, the
Supervisor, and the Employee/Applicant requesting accommodation.
The RAC shall notify the appropriate supervisor(s) Departmental Director and
employee in writing of RAC’s final decision.
4.
When an accommodation cannot be provided during the application process by
Talent Acquisition Services, the disabled individual’s request will be referred to
the RAC for review.
5.
The RAC will determine whether the individual is a Qualified Individual with a
Disability, if he or she poses a “direct threat,” and if a reasonable accommodation
is feasible. The RAC will notify the Management Leadership Team (MLT)
member in charge of the affected department of its final decision.
6.
Individuals who are determined to be QUIDs and cannot be reasonably
accommodated, and individuals who cannot perform the essential functions with
or without a reasonable accommodation, will be allowed a Job Search period to
locate a suitable position within or outside JHS. Those employees who do not
find a suitable position during the granted Job Search period may be noticed for
termination by their department head.
7.
Individuals may request an alternative, as outlined in Section 8 below, to
termination by writing to the MLT representative in charge of the Department
within seven (7) business days after receipt of written notice of termination. The
department head will submit the request to the Senior Vice President, Chief
Human Resources Officer for approval.
8.
Exceptions may be made if the individual:
(a)
DATE: 03/2014
Asks to begin retirement or disability retirement procedures.
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
9.
10.
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
(b)
Requests that they be allowed to remain in their current position and
perform the “essential functions” of that position. The RAC will determine
if this option poses a “direct threat.”
(c)
Submits a resignation.
Requests for an extension of the granted job period must be submitted in writing
to RAC within (14) business days prior to the end of the 120-day period. RAC
will review the request for an extension and make a determination. Individuals
may ask to extend the granted job search period for the following reasons:
(a)
Pending a decision to be hired in a suitable position when interviews have
been completed.
(b)
To complete training or educational program that will lead to a suitable
position.
(c)
Pending the completion of retirement procedures.
(d)
as a further reasonable accommodation.
Job Transfers for a Qualified Individual with a Disability
A QUID who is accepted for transfer to a new position within JHS shall be reevaluated by OHS prior to reporting to the new assignment. A medical
examination is required to ensure that the QUID’s physical/mental restrictions are
not incompatible with the “essential functions” of the new position. If OHS does
not provide medical clearance the decision may be appealed to the RAC.
Unfavorable decisions from the RAC may be appealed to the Senior Vice
President, Chief Human Resources Officer or designee. Appeals of OHS and
RAC decision may be submitted by the QUID and/or the Department/Division
that will gain the employee. The Senior Vice President, Chief Human Resources
Officer or designee will notify the RAC, Talent Acquisition Office, employee and
Department/Division of the decision.
11.
Applicants: Physical/Mental limitations and/or restrictions determined during the
OHS medical screening process.
New hires or internal applicants requesting a transfer within JHS who are
determined to have a physical/mental limitation and/or restriction that prevents
the performance of the “essential functions” of the position applied for will submit
a Reasonable Accommodation Request to the RAC for review.
Reasonable Accommodation Requests from new hires that are submitted during
the application process and disapproved by the RAC are final. Qualified internal
applicants may appeal RAC decisions to the Senior Vice President, Chief Human
DATE: 03/2014
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
Resources Officer or designee. The gaining Department/Division may also
appeal RAC decisions to the Senior Vice President, Chief Human Resources
Officer or designee
RESPONSIBILITIES:
Applicants (internal or external) shall:
1.
Complete the Reasonable Accommodation Request Form as needed during the
pre-employment process.
2.
Submit the Reasonable Accommodation Request Form to Talent Acquisition
Services
3.
Discuss your needs and recommend appropriate accommodations to .Talent
Acquisition Services.
4.
Provide documentation of physical and mental impairment upon request by the
Occupational Health Services office.
Employees shall:
1.
Make supervisors or Department Directors aware of the need for reasonable
accommodation.
2.
Provide all supporting documentation of physical or mental impairment to the
Reasonable Accommodations Committee.
3.
Submit the Reasonable Accommodation Request form to the supervisor or
Departmental Director for signature and discuss their needs and required
reasonable accommodations.
Talent Acquisition Services Office shall:
1.
Post notices of JHS’s obligation to provide reasonable accommodation for
qualified individuals with disabilities and of the availability of the Reasonable
Accommodation Request Form.
2.
Forward all completed Reasonable Accommodation Request forms to
Employee/Labor Relations Department within two (2) working days of receipt of
the request and after an accommodation is provided.
3.
Complete Reasonable Accommodation request form when an applicant is unable
or declines to submit a written request.
DATE: 03/2014
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
4.
Provide reasonable accommodation for internal and external applicants as
directed by the RAC.
5.
Maintain reasonable accommodation for internal and external applicants as
directed by the RAC.
6.
Assist the RAC in identifying vacant positions within the organization and ensure
that the employee is qualified for the job placement and/or reassignment.
Supervisors and Departmental Directors shall:
1.
Acknowledge receipt of the Reasonable Accommodation Request forms by
signing and dating page 1 of the form, and completing Section II.
2.
Complete Reasonable Accommodation Request form when an employee is
unable or declines to submit a written request.
3.
Discuss with employee the need for reasonable accommodation and attempt to
identify and list potential accommodations.
4.
Attach job description to the Reasonable Accommodation Form, circling all
functions considered essential to the position.
5.
Forward the form, job description and list of potential accommodations to
Employee/Labor Relations Department
6.
Provide reasonable accommodation as a result of their assessment and/or as
determined by the RAC
7.
Inform Leave Management and the RAC of any decisions to accommodate an
employee.
8.
Request technical assistance from Employee/ Labor Relations and Workforce
Compliance
Department
regarding
matters
related to
reasonable
accommodation.
9.
Follow and complete the reasonable accommodation process before initiating
disciplinary action or any action regarding the employee’s performance which
may be caused by a disability when an employee has filed a Reasonable
Accommodation Request Form.
10.
Maintain confidentiality of medical records of the employee making the request
for an accommodation so that the information is not disseminated to persons who
have no right to it.
DATE: 03/2014
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
11.
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
Terminate employees who cannot be reasonably accommodated and who have
been determined eligible for separation by the RAC.
RAC shall:
1.
Meet on a regular basis to review new and pending requests.
2.
Request job analyses or special assessments of employee’s/applicant’s
limitations, as needed.
3.
Review the appropriateness of the request, the nature of the reasonable
accommodation, and render final decisions on accommodation matters.
4.
Forward final decisions regarding accommodation matters to the Department
Director and/or the immediate supervisor of the employee who made the request
for an accommodation.
5.
Review decisions rendered by Department Directors and supervisors regarding
reasonable accommodation matters.
Employee/Labor Relations & Workplace Compliance Employee shall:
1.
Provide Supervisors and Departmental Directors training, information and
technical assistance in their decisions to reasonably accommodate an employee
2.
Process all Reasonable Accommodation Request forms, and present selected
requests to the RAC.
3
Request fitness for duty examinations from OHS as needed.
4.
Coordinate and lead the efforts of the RAC to ensure the process is fair,
consistent, and timely.
5.
Notify the Senior Vice President, Chief Human Resources Officer, supervisors,
Department Directors and employees of the Committee’s decisions, applicable
provisions, and procedures under the Reasonable Accommodation policy.
Integrated Leave Management Office shall:
1.
DATE: 03/2014
Advise all employees to complete a Reasonable Accommodation Request form
when they have attendance and job performance issues related to illness, injury
or disability.
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SUPERSEDES: 12/15/11
CODE NO. 326
SECTION: 300 - PERSONNEL
POLICY & PROCEDURE MANUAL
SUBJECT: REASONABLE ACCOMMODATIONS
EMPLOYEES AND APPLICANTS
WITH DISABILITIES
2.
track and provide timelines and work status information to RAC to assist in
reaching a fair and impartial decision.
3.
assist Supervisors and Department Directors in properly tracking and coding the
absences of the employees and processing them through RAC.
Occupational Health Services shall:
1.
Conduct Fitness-for-Duty examinations and arrange for independent medical
examinations and job analyses at the direction of the RAC.
(a)
Review employee’s medical/workers’ compensation/independent medical
examination/job analyses to validate medical information, extent and
duration of disability, and determine the individual’s restrictions.
(b)
Visit work areas for assessment, as needed.
2.
Provide recommendations regarding the employee’s ability to perform the
essential job functions with or without reasonable accommodation.
3.
Submit a written summary of findings and recommendations to the RAC when an
investigation is completed.
4.
If the employee is reassigned to a new position, review all new job assignments
to determine if the demands are compatible with employee’s
restrictions/limitations.
Senior Vice President of Human Resource Capital Management or designee shall Hear
all appeals of final decisions rendered by the RAC regarding reasonable accommodation
matters.
APPROVED:
Roberto CamposMarquetti, Associate Director Employee/ Relations & Worker's
Compensation Jackson Health System
Maria Huot-Barrientos, Senior Vice President & Chief Human Resources Officer,
Jackson Health System
AUTHORIZATION:
Carlos A. Migoya, President and CEO, Jackson Health System
DATE: 03/2014
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