The MSU Approach
MAXIMIZING ABILITY with
REASONABLE ACCOMMODATIONS
February 3, 2015
Resource Center for Persons with Disabilities (RCPD)
120 Bessey Hall
517.884.RCPD
rcpd.msu.edu
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Mission
• To lead Michigan State
University in maximizing
ability and opportunity for
full participation by
persons with disabilities.
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Our Philosophy on Disabilities and
Accessibility
Disabilities need not preclude the
achievement of goals and dreams…
rather, they mandate a greater level
of creativity, commitment and
compensatory techniques.
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RCPD registered employees with disabilities
• Approximately 200 employees
• 2% of MSU workforce
• Compare, U.S.:
• Estimated 20% of U.S. population has a disability
• 3% of U.S. workforce
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MSU Employees - Disability Representation
1%
Mobility
3%
5%
Chronic Health
6%
32%
9%
Psychiatric
Blindness/Visual
Impairment
Deaf/Hard of Hearing
Learning Disability
9%
Brain Injury
Other
11%
25%
Data effective 2013-2014
Autism Spectrum
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Legal requirements under the Americans
with Disabilities Act and the Rehabilitation
Act:
• Provide reasonable accommodations to students
and employees (faculty and staff) who are
qualified individuals with disabilities
• Ensure individuals with disabilities have access to
activities and services offered by MSU
• Do not discriminate against or harass an
individual based on his/her disability
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What is a disability?
• A physical or mental impairment that
substantially limits one or more major life
activities
• Major life activity examples:
• sitting
• sleeping
• concentrating
• major bodily functions, like of the circulatory system
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What is NOT a disability?
• Some temporary impairments may not be covered
under the disability acts:
• broken limbs that heal normally
• sprained joints
• appendicitis
• seasonal or common influenza
• However, no minimum duration requirement:
impairment lasting fewer than six months may be
substantially limiting.
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Invisible disabilities
• Keep in mind, the majority of disabilities are invisible; for example:
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diabetes
eating disorders
mental illness
chronic pain
cancers
chemical sensitivities
asthma
allergies
brain damage
sleep disorders
HIV
alcoholism
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To be protected, one must be a “qualified”
individual with a disability. What is a
“qualified” individual with a disability?
• an individual who can perform the
essential functions of their job with or
without a reasonable accommodation
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What is an accommodation?
• Any modification or adjustment to the
academic or work environment that permits
the individual to obtain equal employment or
educational opportunities
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Some typical accommodations
•Alternative format materials
•Assistive technology
•Work-site modifications
•Real-time captioners
•Schedule flexibility
•Leave
•Use of a job coach
•JAN: Job Accommodation Network
(askjan.org)
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Recognizing potential needs
• Indicators that it might be time to refer an
employee to FMLA or the RCPD
• Personal disclosure
• Performance issue
• Others report a health or performance issue
• If short term issues see HR for FMLA guidance
• If conditions suggest longer term impacts, employee
should be directed to RCPD at http://rcpd.msu.edu
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Interactive Process
Employee
RCPD
Supervisor
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MSU Reasonable Accommodation Policy
• Available on the RCPD website:
https://www.rcpd.msu.edu/documents
• An RCPD Specialist will review documentation and
functional limitations to determine if a condition
rises to the level of a disability.
• If the provided documentation validates a
disability, the RCPD Specialist partners with
employee and supervisor to develop
accommodation requests.
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What will RCPD need from you?
• What are the essential job functions of the
position? This is a great time to make sure you
have current job descriptions!
• Can the employee/applicant perform those
functions?
• Suggested types of reasonable accommodations,
if any.
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What is an essential function?
Factors:
• Written job description (although courts and agencies
will look at the actual work being done)
• Time spent performing a function
• Consequences of not requiring that an employee
perform a function
• Whether the reason the position exists is to perform
that function
• Number of other employees available to perform the
function or among whom the performance of the
function can be distributed
• Degree of expertise or skill required to perform the
function
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What is an unreasonable accommodation?
• One that requires significant financial difficulty
• One that is unduly extensive, substantial, or
disruptive
• One that would fundamentally alter the nature or
operation of the business
• One that compromises essential job functions
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Statement of Employee Accommodation
Determination (SEAD)
• RCPD will determine which workplace accommodations
(if any) are appropriate for the documented disability.
• The unit will receive a determination letter from RCPD
with the details (see sample SEAD form on RCPD website:
https://www.rcpd.msu.edu/documents).
• What constitutes a reasonable accommodation will vary,
depending on the circumstances of each case.
• The preferences of the individual are considered
• However, the ultimate decision regarding what type of
accommodation, if any, will be provided is made by the
university.
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What should a supervisor do if they believe
an accommodation is unreasonable?
• Consult with RCPD promptly
• Accommodation(s)indicated on a SEAD
form should be provided in the interim
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Common mistakes by supervisors
• Failing to recognize an accommodation request -- #1!
• Negotiating directly with the employee, without involving
RCPD (and possibly over or under-accommodating)
• Failing to document referral to RCPD
• Refusing to comply with a SEAD form, without involving
RCPD
• Failing to act promptly
• Assuming FMLA is the only option to consider
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Hiring
• An employer may not ask disability-related questions
and may not conduct medical examinations until
after it makes a conditional job offer.
• An employer may ask whether applicants can
perform any or all job functions, including whether
applicants can perform job functions with or without
a reasonable accommodation.
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Leave
• A leave of absence can be considered a reasonable
accommodation (even if FMLA leave has run out)
• A return from leave can require an ADA analysis. An
employee does NOT have to be free of restrictions in
order to return to his/her job.
• Must consider:
• Job restructuring (removing non-essential functions)
• Reassignment to a vacant position
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Confidentiality
• All medical documentation related to accommodation
requests is maintained by the RCPD
• Such documentation is kept confidential, except as
necessary to administer the accommodation process
• Supervisors who receive medical documentation need to
redirect it to RCPD
• Supervisors cannot tell other employees information
about specific accommodations
• Communications pertaining to accommodation processes
should be filed separately from common personnel file
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When a dispute arises
Internal MSU procedures:
• RCPD Dispute Resolution Process
• Appeal to the office of the ADA Coordinator (The
Office for Inclusion)
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External options
• Michigan Department of Civil Rights
• Equal Employment Opportunity Commission
• U.S. Department of Education, Office of Civil Rights
• Lawsuit
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