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ADA Rights as an Applicant or Employee

Applicants and Employees can expect Supervisors and UW Oshkosh to:

  • Base all employment decisions on the applicant’s or employee's ability to perform the essential functions of a position, with or without accommodations.
  • Engage in a good faith effort with the applicant or employee to identify reasonable accommodations.
  • Consult with the Director of Affirmative Action to make decisions and respond to accommodation requests in a timely manner.

 

ADA Responsibilites as an Applicant or Employee

  • Inform your supervisor of the need for accommodations.
  • Engage in a good faith effort with your supervisor or Director of Affirmative Action to identify reasonable accommodations.
  • Submit a Disability Accommodation Request Form to your supervisor.
  • Follow procedures in the UW Oshkosh disability accommodation policy.
  • Provide medical verification and accommodation recommendations from a treating specialist to your supervisor or Director of Affirmative Action when needed.
  • Meet essential performance and attendance standards after reasonable accommodations are provided.
  • Review accommodations periodically to ensure that they are effective.

 

ADA Confidentiality for an Applicant or Employee

The ADA imposes higher confidentiality requirements than previous laws and restricts the degree of access to confidential medical records, histories, and information. University policy, procedures, and practice were developed in accordance with these higher confidentiality standards.

Confidential Medical Information

  1. You may be required to provide confidential medical information that allows your employer to:
    verify a disability; determine restrictions and accommodation recommendations related to performance of essential functions of your job; verify the need for, timing of, and length of a medical leave.
  2. Confidential medical information may not be maintained in your UW Oshkosh personnel file.
  3. If you submit confidential medical information and documentation to your supervisor, a copy must be forwarded to the Director of Affirmative Action.
  4. All confidential medical information/documents are covered by the ADA regardless of the source.

Disability Accommodations

  1. Initially, you submit your confidential Disability Accommodation Request Form to your supervisor to engage in an interactive good faith effort to identify reasonable accommodations.
  2. The supervisor reviews the request and discusses it with the Director of Affirmative Action for approval.
  3. Your disability and accommodations are confidential; therefore, your supervisor may not disclose this information to co-workers and staff.
  4. If you discuss your disability or accommodations with co-workers and staff, your supervisor's ability to maintain confidentiality is compromised. If you transfer, are promoted, or are reinstated to a position in a different division or agency, your Director of Affirmative Action or supervisor will not forward information about your disability or any recommendations that were provided. Therefore, if you need accommodations in the new position, you need to advise your new supervisor.

 

by Clark, Leslie A. last modified Jun 24, 2013 10:26 AM