08.224 Employee Reasonable Accommodations

Chancellor

Established May 2021

OSHR EEO Reasonable Accommodation Policy; G. S. 126-4; 126-
5(c)(1)-(4); 126-16; 126-34.01; 126-34.02; 126-17; 168A-5(b)(3);
Section 504 of the Rehabilitation Act of 1973; Americans with
Disabilities Act of 1990 (as amended); Pregnancy Discrimination
Act of 1978.

• Office of State Human Resources EEO Reasonable Accommodations Policy
• Policy 02.230 Equal Opportunity and Affirmative Action
• UNCW HR Forms

Human Resources

Policy Details:

1. Purpose

   This policy seeks to ensure that the University of North Carolina Wilmington complies with the Americans with Disabilities Act (ADA), ADA Amendments Act (ADAAA), Pregnancy Discrimination Act, and Section 504 of the Rehabilitation Act and maintains equal opportunity in employment for all qualified persons with disabilities. This policy provides a process for qualified employees with disabilities to request a reasonable accommodation and prohibits retaliation against employees and applicants for disclosing a disability, requesting a reasonable accommodation, or appealing a University decision.

2. Applicability & Definitions

   This policy applies to all Qualified Individuals with Disabilities, as defined below. The University aims to assist such individuals in obtaining reasonable accommodations, unless the accommodation would impose an undue hardship to the University. While many Qualified Individuals with Disabilities can work without accommodation, others face barriers to employment without the accommodation process. Students seeking reasonable accommodations for educational instruction or on-campus housing should refer to Policy 04.190 Disability Accommodations for Students and/or Policy 05.360 Service Animals, Emotional Support Animals, and Pets, and contact the Disability Resource Center.

   1. Disability – a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment. In some circumstances, a pregnancy-related impairment may qualify as a disability under ADA, such as pregnancy-related sciatica, gestational diabetes, and preeclampsia.

   2. Essential Functions – the fundamental duties of the position, or the primary reasons the position exists, that an employee must be able to perform with or without a reasonable accommodation. The essential functions of a position should be included within the job description.

   3. Qualified Individuals with Disabilities – employees or applicants with a disability who, with or without reasonable accommodation, can perform the essential functions of the job in question. This includes SHRA and EHRA faculty and non-faculty employees who are in assignments that are full-time, part-time, probationary, non-career status, adjunct, and temporary (including student employees).

   4. Reasonable Accommodation – a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a Qualified Individual with a Disability to enjoy equal employment opportunities. A reasonable accommodation does not impose an undue hardship on the University or business unit.

   5. Undue Hardship – an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.

3. Reasonable Accommodation

   1. A Qualified Individual with a Disability may request a reasonable accommodation. The University may know that an individual has a disability because it is obvious or the individual voluntarily reveals the existence of one. In some circumstances, employees with pregnancy-related impairments may be covered by the ADA, such as pregnancy-related sciatica, gestational diabetes, and preeclampsia.

   2. A reasonable accommodation may include, but is not limited to:

      1. Making existing facilities used by employees readily accessible to and usable by persons with disabilities;

      2. Job restructuring, modifying work schedules, redistributing marginal or nonessential functions, or reassignment to a vacant position for which the individual is qualified; or

      3. Acquiring or modifying equipment or devices, and/or adjusting or modifying training materials, work resources, or policies.

   3. Not all modifications, adjustments, redistributions, restructurings, or reassignments are considered forms of reasonable accommodation. The University is not required to:

      1. Eliminate an essential function from a position, or create a new position to accommodate an employee;

      2. Lower quality or production standards to make an accommodation, as long as those standards are applied uniformly to employees with or without a disability;

      3. Provide personal use items needed in accomplishing daily activities both on and off the job (e.g., eyeglasses, hearing aids, prosthetic limbs, wheelchairs);

      4. Provide personal use amenities, such as a refrigerator, if those amenities are not provided to employees without disabilities; or

      5. Take any action that would constitute an undue hardship.

4. Process to Request a Reasonable Accommodation

   1. An employee or applicant offered employment completes an "Employee Request for Accommodation" form and an “Accommodation Request Medical Inquiry Form.” Both are available on the Human Resources website. Requests involving Service Animals or Emotional Support Animals may require additional forms or documentation, and the responsibilities and requirements detailed in Policy 05.360 Service Animals, Emotional Support Animals, and Pets shall apply. Supervisors who have been notified by an employee of an accommodation need should contact HR.

   2. The completed forms along with any necessary medical documentation are returned to HR. The employee should be contacted no later than 2 weeks after receipt of the documentation. HR shall maintain the confidentiality of any disability-related medical information and shall not share it with any third party without a need to know (including, but not limited to, subsequent employers) without written consent of the employee.

   3. HR consults with the employee, the employee’s supervisor and other departments such as Environmental Health and Safety or the Office of Facilities, as necessary. Reasonable accommodations will be determined on a case-by-case basis as part of an interactive process, which involve discussing the purpose and the essential functions of the particular job involved, determining the precise job-related limitation, and identifying potential accommodations and assessing the effectiveness each would have in allowing the employee to perform the essential functions of the job. HR will also consult as necessary with the employee’s healthcare provider(s) to verify that the individual has a disability and with the applicable department or division regarding the request(s) for reasonable accommodation. The final determination of what reasonable accommodation will be afforded, if any, remains with the University.

   4. Determinations should not exceed 30 days from the original employee request, unless a longer time is agreed upon. Once a determination for a reasonable accommodation is made, HR meets with the employee to outline the steps and timeframes for the accommodation, if one is granted. An “Accommodation Approval Form” is completed and a copy is given to the employee and supervisor. The supervisor should consult with HR during implementation of the accommodation.

   5. Job applicants should contact and inform the University EEO/AA Officer of the need for an accommodation. Hiring officials who have been notified by an applicant of a need for an accommodation must also contact the University EEO/AA Officer. The EEO/AA Officer will discuss the requested accommodation and possible alternatives with the applicant and hiring officials and, if approved, ensure that the accommodation is provided if the applicant is hired.

5. Grievances

   1. An employee who is dissatisfied with the decision(s) pertaining to his/her accommodation request may file a grievance in accordance with the appropriate procedure:

      1. A SHRA employee or applicant may file a grievance in accordance with Policy 08.520 SHRA Employee Appeals and Grievances;

      2. An EHRA non-faculty employee or applicant may file a grievance in accordance with Policy 08.521 EHRA Review and Appeal Procedures;

      3. Faculty may file a grievance in accordance with the UNCW Faculty Handbook.

   2. Nothing in this policy shall prohibit an employee or applicant from filing a charge directly with the Equal Employment Opportunity Commission (EEOC) or, in the case of SHRA employees and applicants, the Civil Rights Division of the Office of Administrative Hearings.