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1. How Applicants for Employment Request Accommodations
A. All applicants who are invited for interviews will be informed of the University policy
to provide reasonable accommodation for applicants and employees with disabilities. They
will be informed that they can request accommodation for interviews and be informed how to
make the requests.
The following paragraph will be added if a letter is used as part of the interview
scheduling process: "It is the policy of the University of Wisconsin Oshkosh to
provide reasonable accommodations for qualified persons with disabilities who are
employees or applicants for employment. If you need assistance or accommodations to
interview because of a disability, please call 920-424-2296. Employment opportunities will
not be denied to anyone because of the need to make reasonable accommodation to a person's
disability."
If all interview arrangements are made by phone, this information will be given as part of
the phone conversation.
B. If applicants are asked questions
regarding their ability to perform required job duties, all applicants should be asked the
same questions. This question may be prefaced with a statement regarding the agency’s
willingness to provide reasonable accommodations. Note: Applicants may not be asked
whether or not they have a disability.
C. If an applicant indicates during the interview process that he or she has a disability,
follow-up questions regarding possible accommodations may be pursued.
D. Qualified applicants cannot be denied employment solely on the basis of a need to
provide a reasonable accommodation. However, if an applicant who receives a tentative job
offer cannot reasonably be accommodated, the offer must be rescinded.
E. Applicants who have received job offers will make accommodation requests using the
disability Accommodation Request Form (DER-DAA-10)
2. How Current Employees Request Accommodations
A. Employees will be told about their right to request reasonable
accommodations:
during the
orientation for all new employees;
at the time of the
biennial survey to allow employees to self-identify as persons with disabilities;
in the
agency employee handbook.
In addition, if a supervisor becomes
aware of a performance issue, in meeting with the employee to discuss the performance
issue the supervisor can tell the employee about his/her right to request reasonable
accommodations under the ADA.
B. All requests for reasonable
accommodations must be in writing using the Disability Accommodation Request Form
(DER-DAA-10) Copies can be obtained from the Human Resource Office, Dempsey 328, or the
Affirmative Action Office, Dempsey 239, or at the web page: Accommodation Request Form
3. The Decision-Making Process
A. An employee who wants to request
an accommodation fills out the Disability Accommodation Request Form
(DER-DAA-10) and gives it to his or her supervisor.
B. The supervisor reviews the request and discusses it with the Director
of Affirmative Action or designee. If the request is straightforward and does not involve
significant issues or expenses, the Director of Affirmative Action or designee will
approve the request. If the request involves issues which are more complex or involve a
major budget commitment, the Director of Affirmative Action or designee may do any or all
of the following:
Meet with the
employee and the supervisor to get more information concerning the request.
Consult with the
supervisor and personnel specialist to determine the essential functions of the job.
Consult with
University budget and purchasing specialists.
Consult with the
reasonable accommodation specialist in the State Division of Affirmative Action.
C. The employee
will be informed of the University's decision regarding the accommodation request within
20 working days. If the 20-day limit cannot be met, the AAO will meet with the employee to
agree on a reasonable time limit. The employee will be informed of the decision regarding
the accommodation request in writing, using the Disability Accommodation Request Form
(DER-DAA-10)
D. Distribution of the request form is:
original to the
employee;
Copy 1 to the
employee personnel file (no medical records in the personnel file);
Copy 2 to the
agency AAO confidential file;
Copy 3 to the
State Division of Affirmative Action. Note: The employee's name, signature and job title
will be deleted from the copy that is sent to the Office of Affirmative Action.
4. Policies and Guidelines
A. Employees may be asked to provide
verification of their disability. Factors to be considered when deciding whether or not to
request verification include:
Is the employee
known to have a disability?
Does the applicant
or employee have an observable disability?
Does the request
expand on an existing accommodation or previously provided accommodation for which a
verification was required? Example: an employee with a seizure disorder who needs a driver
due to recurring seizures which had been under control.
Does the request
appear inappropriate?
The verification must be provided by
an appropriate medical or rehabilitation professional. The employee must bear the initial
cost of verification. (Note: This will usually be covered by health insurance.) If the
agency requests additional verification of the disability, or the disability's impact on
job requirements, the agency will bear the cost.
B. Factors which should be
considered when determining reasonableness include:
Are the job
functions for which the accommodation is required essential to the overall performance of
the job?
Is the applicant
or employee otherwise qualified to perform the essential job functions?
Does the
accommodation accomplish the desired result, i.e., allowing the individual to effectively
perform the essential functions of the job?
Will the
accommodation adversely affect the productivity or work environment of other employees in
the work unit?
Is the cost of the
accommodation feasible within the University's budget? If not, can approval be obtained
from the Department of Administration (DOA) to use funds which are statutorily reserved
for reasonable accommodation?
Are there other
more cost-effective options which will allow the individual to perform the essential
functions of the job?
C. As a general rule, the University
will purchase equipment only if it is determined that the use of the equipment is
necessary in transaction of its official business. The equipment may not be of a personal
nature (for example: eyeglasses, hearing aids, etc.) which the employee can reasonably be
expected to provide. In determining whether the purchase of a device should be authorized,
consideration will be given to how well the employee could perform the job without the
equipment and whether the principal benefit will be better job performance by the
employee.
D. The employee or applicant will always be the primary person consulted with when
determining the most appropriate accommodation. Employees will be given an opportunity to
provide, or arrange for, their own accommodations; for example, using volunteer drivers or
readers, or providing their own adaptive equipment. However, the procedures in these
policies and guidelines must be followed (written request, approval, etc.) even if
employees provide or arrange for their own accommodations. This gives documentation of
accommodations and ensures that the accommodations are not disruptive to the workplace.
E. If an employee acquires a disability and the University is not able to make reasonable
accommodations which will allow the individual to continue in his or her current position,
the University will explore possibilities for placement in other positions within the
University. The movement to another position may be a transfer, a demotion, or change to
part-time employment, and must be made in accordance with applicable collective bargaining
agreements, Chapter 230 of the state statutes, and Administrative Rules for Chapter 230.
While no legal responsibility exists for alternative placement outside the University, the
employee will be counseled regarding his/her rights to other positions in state employment
through the University's Human Resources Office or the Office of Affirmative Action.
Note: Under the Federal Rehabilitation Act, accommodation is only required to permit an
individual to perform his or her particular job. The responsibility to look for
alternative positions is clear in s. 230.37 (2), Stats.: "When an employee becomes
physically or mentally incapable of or unfit for the efficient and effective performance
of the duties of his [or her] position by reason in infirmities due to age, disabilities,
or otherwise, the appointing authority shall either transfer the employee to a position
which requires less arduous duties, if necessary demote the employee, place the employee
on a part-time service basis and at a part-time rate of pay or, as a last resort, dismiss
the employee from the service. The appointing authority may require the employee to submit
a medical or physical examination to determine fitness to continue in service...."
F. After accommodations are provided, the employee and his/her supervisor need to evaluate
the effectiveness of the accommodation. The Director of Affirmative Action will also be
involved in this process. If modifications to the accommodation are needed, they should be
requested using the procedures outlined in this policy.
5. The Appeal Process
A. If an employee disagrees with a decision regarding an accommodation request, he or she
has a right to appeal the decision using the following procedure. Applicants do not have
access to this procedure. They have the option to follow the usual discrimination
complaint procedure (Personnel Commission, EEOC, etc.).
B. When an accommodation request is denied, an employee may, within 30 calendar days,
appeal the decision to the Director of Affirmative Action. The appeal must be in writing,
stating the reason for the disagreement. The Director of Affirmative Action will
reevaluate the decision, considering any additional information from medical or vocational
rehabilitation experts. The Director of Affirmative Action may consult with staff from
outside agencies such as DER/DAA, DHSS/DVR or DOA 504 coordinator, in the appeal
process--taking care to provide confidentiality for the employee. The affirmative action
officer then discusses all information regarding the appeal with the Chancellor. The
Chancellor makes the final decision regarding the appeal. The employee receives the final
decision regarding the appeal in writing within 30 calendar days after the appeal was
filed.
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