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Part 4.Standards of Conduct
Section B. Nondiscrimination
Policy Number 4.B.3
Date Issued: November 1, 2001
Approved by: VP for Employee and Campus ServicesDISABILITY ACCOMMODATION FOR APPLICANTS AND EMPLOYEES
Section 1. General Policy Guidelines
A. Policy Statement
It is the policy of The University of Texas at Austin to provide equal access and opportunity to job applicants and otherwise qualified persons with disabilities in compliance with Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA) of 1990. The University prohibits discrimination on the basis of disability in all aspects of the application process and the employment relationship.
B. Scope
This policy applies to applicants for employment with, and employees of, the University who have a physical or mental impairment that substantially limits one or more major life activities; have a record of such impairment; or are regarded as having such impairment.
C. Definitions
1. An individual with a disability is a person with a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment.
2. A qualified individual with a disability is defined as one who possesses the requisite skills, education, experience and training for a position, and who can, with or without reasonable accommodation, perform the essential functions of the position the individual desires or holds.
3. A substantial limitation is defined as an impairment that prevents the performance of a major life activity that the average person in the general population can perform; or a significant restriction as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population.
4. A reasonable accommodation is defined as a modification or adjustment to the job application process or the work environment that enables a qualified person with a disability to be considered for a position, perform the essential functions of a position, or enjoy the same benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.
D. Obtaining Information Concerning Disabilities and Accommodation
1. Applicants. Applicants seeking employment with the University can obtain information concerning accommodations in the application process from the Employment Services Section, Human Resource Services.
2. Employees or Supervisors. Employees or supervisors can obtain information concerning disabilities and accommodation from the Office of Equal Opportunity Services. Employee requests for information, and the provision of information by an Equal Opportunity Services staff member concerning disabilities and accommodation is not considered a part of the accommodation process.
Section II. General Procedures
A. Initiating the Accommodation Process
1. Applicants. Applicants for employment can initiate a request for accommodation by contacting the Employment Services Section, Human Resource Services, or their recruiting contact. A recruiting contact that receives a request for accommodation shall immediately notify the Employment Services Section of such request so that the official processing of the request can begin.
2. Employees. Employees can initiate the accommodation process by requesting an accommodation for a disability from the Office of Equal Opportunity Services; or by making such a request to the employee's immediate supervisor, either verbally or in writing.
3. Supervisors. Supervisors who receive a request for accommodation shall immediately notify the Office of Equal Opportunity Services, so that the official processing of the request can begin.
Any supervisor who, in the course of job performance counseling, is informed by an employee that a physical or mental condition may be affecting the employee's work performance shall refer the employee to the Office of Equal Opportunity Services, and notify that office of such referral.
B. Processing the Accommodation Request
Upon receipt or referral of an accommodation request from an applicant or an employee, the Office of Equal Opportunity Services shall begin the accommodation process. For a current employee, the process will involve, in appropriate cases, verifying the disability for which the accommodation is requested, contacting the supervisor to determine or verify essential job functions and, after a determination that the disability is covered under the law, engaging in or facilitating discussions with the employee and supervisor concerning possible accommodations.
In situations where the impairment, the degree of impairment, or the major life activities affected by the impairment are non-apparent, applicants or employees will be required to provide written documentation concerning the impairment at the time an accommodation is requested.
C. Documentation of a Disability
Documentation of a disability will be required when a disability and/or need for accommodation is not obvious.
1. Applicant or Employee Responsibility
An applicant or employee shall provide the Office of Equal Opportunity Services with adequate documentation from a qualified health care professional of a non-obvious disability or impairment. Reasonable accommodations will not be provided prior to the receipt of adequate documentation as determined by the Office of Equal Opportunity Services.
2. Documentation Requirements
The documentation provided by an applicant or employee must be from a qualified health care professional and must clearly identify and describe the following:
a. The specific impairment(s) causing the disability;
b. The major life functions or activities affected by the impairment; and
c. The degree of limitation to those functions and activities caused by the impairment.
3. Non-receipt of Documentation.
If the Office of Equal Opportunity Services does not receive the required documentation and information from the health care provider within six (6) weeks of being informed of a disability by the applicant or employee, it will notify the applicant or employee and request that he or she contact the health care provider. If the Office of Equal Opportunity Services does not receive the required information within two (2) weeks of this notification to the applicant or employee, the request for accommodation will be cancelled for lack of necessary information.
4. Receipt of Documentation.
After receiving the documentation from the health care provider, the Office of Equal Opportunity Services will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, the office of Equal Opportunity Services can request that the applicant or employee obtain additional or clarifying information from the health care provider.
5. Independent Medical Opinion.
The Director of Equal Opportunity Services has the authority to obtain, at University expense, an independent medical opinion concerning the impairment for which an employee seeks an accommodation. The failure of an employee to cooperate in obtaining such an opinion will result in the cancellation of the request for accommodation.
D. Disability Determination
The Office of Equal Opportunity Services shall determine if the applicant or employee has a substantially limiting impairment of a major life activity that prevents the individual from performing one or more essential application or job functions, or from enjoying the same benefits and employment privileges as are enjoyed by similarly situated employees without disabilities. In cases of persons with non-apparent disabilities, this determination shall be made after receipt and review of adequate documentation from a health care provider.
Measures that correct or mitigate a physical or mental impairment, and the effects of those measures, shall be considered in determining whether an individual is substantially limited in a major life activity.
E. Reasonable Accommodation Determination
When an applicant is found to have a disability covered under the law, the Office of Equal Opportunity Services will work with the individual to make accommodations to the application process.
When an employee is found to have a disability covered under the law, the Office of Equal Opportunity Services will work with the individual and the department head to identify and discuss accommodations that will enable the individual to perform the essential functions of the job or enjoy the same benefits and privileges as similarly situated employees without disabilities.
F. Confidentiality
Information acquired during the processing of accommodation requests under disability law by the Office of Equal Opportunity Services is not obtained as part of psychological counseling and is not subject to the confidentiality regulations applicable to such counseling services.
Any records or information obtained by Equal Opportunity Services as a part of the accommodation process that reflect diagnosis, evaluation, or treatment of an employee's medical or mental health condition are confidential and shall be maintained by the Office of Equal Opportunity Services in a separate file. Such records shall be shared with only those University employees who have a need to know in order to implement the accommodation process; and shall not be released except as required by law.
G. Complaint Procedures
1. Applicant or Employee. Any applicant or employee who believes that he or she has been denied a reasonable accommodation, discriminated against on the basis of disability, or retaliated against due to an accommodation request is encouraged to make a complaint to the Director of Equal Opportunity Services. The complaint should be made as soon as possible after actions that are believed to be discriminatory have occurred, but not later than twenty (20) working days after occurrence. The time for bringing a complaint can be waived for good cause as determined by the Director of Equal Opportunity Services.
2. Supervisor or Other Administrator. Any supervisor or other administrator who receives a written or oral complaint of disability discrimination from an employee shall forward it immediately to the Director of Equal Opportunity Services for investigation.
3. Equal Opportunity Services Decision. The Director of Equal Opportunity Services shall investigate the complaint and provide a written decision within a reasonable time, not to exceed thirty (30) working days from its receipt. A copy of the decision will be provided to the complainant and the affected administrative unit.
4. Appeal of the Decision. The complainant or the affected administrative unit may appeal the decision within ten (10) working days of its receipt to the Director of Equal Opportunity Services. The Director of Equal Opportunity Services shall review the appeal and provide a written report to the appropriate vice president.
5. Determinations. The appropriate vice president will, based on the report provided by the Director of Equal Opportunity Services, make a final decision on the matter within a reasonable time, not to exceed twenty (20) working days from its receipt.
For Assistance: Questions from applicants regarding Disability Accommodations should be directed to Human Resource Services, Employment Services Section, or to the web site below. Questions from employees or supervisors regarding Disability Accommodations should be directed to Equal Opportunity Services, or to the web site. Human Resource Services web site: http://www.utexas.edu/hr/.
Source: Sections 503 and 504 of the Rehabilitation Act of 1973 as amended; Americans with Disabilities Act of 1990; New UT Austin Policy