HR09 Reasonable Accommodation for University Employees
POLICY'S INITIAL DATE: February 3, 2009
THIS VERSION APPROVED: August 23, 2024
Contents:
- Purpose
- Eligibility
- Definitions
- Requesting a Reasonable Accommodation/
- Determination of Disability
- Interactive Process
- Approval Process
- Cross References
PURPOSE:
This policy outlines an employee's rights and responsibilities in accordance with Penn State's procedures for requesting a reasonable accommodation under the Americans with Disabilities Act (ADA) of 1990 and its subsequent amendments in 2008.
ELIGIBILITY:
This policy applies to all University employees.
DEFINITIONS:
An individual with a disability is a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment.
(b) Qualified Employee with a Disability
A qualified employee with a disability is an individual who meets the requirements of a position and who can, with or without reasonable accommodation, perform the essential functions of the job in question.
Essential functions are the fundamental job duties of the employment position the individual with a disability holds or desires. The term essential functions does not include the marginal functions of the position. A job function may be considered essential for several reasons, including but not limited to the following:
- The function may be essential because the reason the position exists is to perform that function;
- The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or
- The function may be highly specialized such that the employee in the position is hired for their expertise or ability to perform the particular function.
A reasonable accommodation is any modification or adjustment to a job related activity, an employment practice, or the work environment that makes it possible for a qualified employee with a disability to perform essential job functions and to enjoy equal employment opportunities.
A few examples of reasonable accommodations include:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
The interactive process describes the confidential discussions between the employee, the employee's qualified health care professional, and the University, which may include but not limited to, the Office of Equal Opportunity and Access (OEOA), Penn State Human Resources, and the employee's supervisor and/or unit leader.
The ADA requires employers to make a reasonable accommodation for a qualified employee with a disability if it would not impose an undue hardship on the operation of the University's business. Undue hardship is defined as an action that would be unduly burdensome, lower quality or production standards, or that would fundamentally alter the nature and structure of the operation or unit where the employee is currently working.
REQUESTING A REASONABLE ACCOMMODATION:/h3>
An employee who wishes to request a reasonable accommodation can follow this link to do so. If assistance is needed, contact the Office of Equal Opportunity and Access (OEOA) directly.
DETERMINATION OF DISABILITY:
The OEOA Staff determine whether the employee's condition qualifies as a disability as defined by federal and state laws. Submitted documentation will be confidentially maintained in a file separate from an employee's personnel file. The OEOA staff may consult with appropriate University representatives to determine if the condition meets the definition of disability as defined by federal and state laws.
INTERACTIVE PROCESS:
The interactive process proceeds after the employee's condition is determined to be a disability as defined by applicable federal and state laws.
The exact course of the interactive process will vary. In cases where the disability and the type of accommodation required are obvious, there may be little need for discussion. In other situations, the OEOA staff may need additional information regarding the disability and the individual's functional limitations to identify a potential accommodation. The OEOA staff may seek information on functional limitations and potential accommodations from the employee, the employee's health care provider, and outside sources.
APPEAL PROCESS:
Employees may appeal reasonable accommodation decisions by emailing the the Associate Vice President for Equal Opportunity and Access at OEOA@psu.edu. Appeals must be submitted within 30 days of the decision.
CROSS REFERENCES:
AD91 - Discrimination and Harassment and Related Inappropriate Conduct