Cindy Edwards
Assistant Employee Relations Manager
Human Resources, Employee Relations
Goals and Objectives
Identify who is the covered by the American’s w/Disabilities Act
Learn what may be considered an Reasonable Accommodation
Discuss the procedure for requesting an accommodation
Learn how accommodation requests are reviewed
Define a “Undue Hardship”
Discuss the appeals procedure
Who's Covered
Applies to all qualified applicants and state employees
with disabilities
Includes qualified employees regardless of whether
they work part-time or full-time or are considered
“probationary” or “non-career status”, temporary
employees, and student employees
Reasonable Accommodations
The University provides reasonable accommodation to
otherwise qualified employees who are disabled or
become disabled and need assistance to perform the
essential functions of their positions
Essential functions need to be identified on the job
description
Reasonable Accommodation
Employee, supervisor and Human Resources discuss possible
options for reasonably accommodating the employee’s disability
Reasonable Accommodation may include, but is not limited to:
 Making existing facilities accessible to persons with
disabilities
 Job restructuring, modifying work schedules, reassignment
to a different position
 Acquiring /modifying equipment, modifying examinations,
training materials, or policies, providing readers/interpreters
 Use of SafeRide
Reasonable Accommodation
The University is not obligated to provide personal use items
needed in accomplishing daily activities both on and off the job
or personal use amenities
Such items include:
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Eyeglasses
Hearing aids
Prosthetic limbs
Wheelchair
Refrigerator
Items not provided to employees without disabilities
Requesting Accommodation
Applicants for Employment
Announcements state: "The University of North Carolina at
Charlotte is an Affirmative Action employer. Women, minorities
and individuals with disabilities are encouraged to apply."
Applicants interviewed again informed of the University's policy
Applicants may request accommodations from the contact person
identified on the announcement or Human Resources
University prepared to modify/adjust job application process for
reasonable accommodations of known physical or mental
limitations of the applicant
Requesting Accommodation
Current Employee or Applicants offered Job
Submit a written request to supervisor
Supervisor outlining accommodation desired
Must identify nature of physical or mental disability, identify
functional limitations with respect to the disability, and identify the
requested accommodation(s) to Human Resource
Individual requesting accommodation may be required to provide
documentation, including medical records, to support the request
Requesting Accommodation
Current Employee or Applicants offered Job
Supervisors who have been notified by an employee for an
accommodation should contact Human Resources ADA
Coordinator for assistance
The University may require an employee or applicant offered a job
requesting accommodation to undergo further testing or evaluation
by qualified professionals to:
 Verify or further establish the claimed disability
 Determine the need for an accommodation
Requesting Accommodation
Current Employee or Applicants offered Job
If an employee is having difficulty performing his/her job due to a
disability, the supervisor, in consultation with Human Resources
ADA Coordinator, should inform the employee of the existence of
University’s policy to provide reasonable accommodations
An accommodation will not be offered nor provided unless
requested by an employee
Providing Accommodations
Decision Making Process
Each request for an accommodation shall be reviewed on a caseby-case basis
The employee (or applicant), supervisor and Human Resources
will be involved in the process of determining potential reasonable
accommodations
The Human Resources ADA Coordinator will make a
recommendation on a reasonable accommodation
Decision on a request for an accommodation will be in writing
and provided to the applicant or employee
If an accommodation request is denied the employee or applicant
will be informed of the appeal procedures available
Providing Accommodations
Decision Making Process (cont)
Where more than one effective accommodation is available, the
final decision as to which accommodation will be provided shall
be made by the ADA Coordinator and supervisor
Considerations include
 Documentation provided
 Business needs
 Recommendations from healthcare professionals, Disability
Services staff etc.
 Cost
 Individual preferences
Providing Accommodations
Decision Making Process (cont)
Individual is not required to accept an accommodation, aid,
service, opportunity or benefit being offered
If a reasonable accommodation is rejected that is necessary to
enable the individual to perform the essential functions of the
position resulting in the individual not perform the essential
functions of the position
 Individual will not be considered a qualified individual with a
disability
 May be subject to disciplinary policies if not meeting job
expectations
Providing Accommodations
Decision Making Process (cont)
When no reasonable accommodation is available to allow an
employee with a disability to remain in his/her current position the
University will attempt to reassign that employee
 Reassignment will be to vacant position, which is equivalent in
terms of pay and status
 Employee must be qualified for the vacant position and the
position must be vacant or will be vacant within a reasonable
period of time
 Assignment to another vacant position is only available to
employees
Providing Accommodations
Decision Making Process (cont)
All material and information collected from an applicant or
employee regarding the individual's accommodation request shall
be considered confidential information and be kept in a separate
file
Upon completion of the decision making process regarding the
accommodation request, all material collected will be kept in a
separate, locked file by the ADA Coordinator
Providing Accommodations
Decision Making Process (cont)
Exceptions to confidentially:
 Supervisors/managers may be informed of necessary
accommodations or restrictions on the work or duties of the
employee
 First aid/safety personnel may be informed, when appropriate,
if disability might require alternative actions in emergency
situations (i.e., disabilities involving mobility)
 Government officials investigating compliance with nondiscrimination laws shall be provided relevant information on
request
ADA Coordinator will periodically monitor the effectiveness
of accommodations provided to applicants or employees
Providing Accommodations
Assessing Accommodation Requests
University considers
 essential functions of the job
 functional limitations
 possible accommodations
 reasonableness of possible accommodations
 implementation of a reasonable accommodation
Information used to determine what, if any, reasonable
accommodation can be made
Accommodation Requests
Undue Hardship
Accommodation will not be provided if to do so would pose an
undue hardship. This determination is made on a case-by-case
basis
Undue hardship is defined as any action requiring significant
difficulty or expense, taking into account such factors
Nature and cost of the accommodation
Overall financial resources of the university
Number of persons employed in the facility
Effect of the reasonable accommodation on resources
Impact of the accommodation on operations
Eliminate an essential function of the position
Lower quality or production standards
Accommodation Requests
Undue Hardship
No single factor is intended to have any particular weight
All the factors are considered together in determining whether
providing an accommodation imposes an undue hardship on the
campus
Accommodation Requests
Appeals
Employees dissatisfied with decision(s) pertaining to an
accommodation request may file a grievance in accordance with
established grievance procedures for their employment
classification
State Personnel Act (SPA) Employees may appeal in accordance
with procedures outlined in PIM 35, Grievance and Appeal
Procedures for Employees Subject to the State Personnel Act
Understanding the New
ADA
Quiz
The Americans with Disabilities Act (ADA)
mandates the hiring of individuals with
disabilities
 True
 False
False
The ADA says you should hire the most
qualified applicant. It does not mandate that
you hire individuals with disabilities; it just
ensures equal access to the employment process
The ADAAA provides protection for:
A. A person who makes a decision based on a
disability
B. Any person who experiences discrimination on
the basis of a perception of disability
C. A person who does not meet performance
standards
D. A person who cannot perform the essential
functions of the position with or without
reasonable accommodation.
B: Any person who experiences discrimination
on the basis of a perception of disability
Governments must make all of their facilities
fully ADA accessible
 True
 False
False
Governments need to provide full program
access. Their programs and services must be
accessible when examined as a whole. This does
not mean that each building must be fully
accessible
The University is obligated to provide personal
use items needed in accomplishing daily
activities both on and off the job or personal use
amenities
 True
 False
False
The University is not obligated to provide personal use items
needed in accomplishing daily activities both on and off the job
or personal use amenities
Such items include:
 Eyeglasses
 Hearing aids
 Prosthetic limbs
 Wheelchair
 Refrigerator
 Items not provided to employees without disabilities
The ADA offers many protections for the
disabled. Which of the following applies to the
employment portion of the Act?
A. Affirmative Action
B. Equal Employment Opportunity
C. Civil Rights
D. Entitlement
C: Civil Rights
The purpose of the ADAAA is to
A. Clearly define a disability
B. Narrow the scope of what is a disability
C. Specify all qualified major life functions
D. Restore the intent of the ADA
D: Restore the intent of the ADA
What is a reasonable accommodation?
A. A change to a work process that the company agrees to, and the
employee provides the assistive technology for
B. Any change to the work environment or way things are done
that does not cause an undue hardship to the organization
C. An exception made to a process or procedure so that the
disabled person can meet essential job functions
D. An allowance made for a person perceived to have a disability
B: Any change to the work environment or way
things are done that does not cause an undue
hardship to the organization
An essential job function is a:
A. Core responsibility of a job
B. A function the organization can’t be successful without
C. A management responsibility
D. Task performed on paper
A: Core responsibility of a job
An impairment creates a disability when it
substantially limits a:
A. Major life activity at all times
B. Person’s ability to do the job
C. Major life activity when the impairment is active
D. Prosthetic or assistive technology’s effectiveness
C: Major life activity when the impairment is
active
The ADA only applies to people who are already
employees of your organization; it does not
cover job applicants.
 True
 False
False
The ADA applies to all qualified applicants
and employees with disabilities