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ADA Rights as a Supervisor

Supervisors can expect employees to:

  • Inform them that a disability exists when an accommodation is needed.
  • Follow procedures in the UW Oshkosh disability accommodation policy.
  • Meet essential performance and attendance standards once accommodations are in place.
  • Provide medical verification of disability to the supervisor or Director of Affirmative Action when needed.
  • Provide medical verification and accommodation recommendations from a treating specialist to your supervisor or Director of Affirmative Action when needed.

 

ADA Responsibilites as a Supervisor

  • Base all employment decisions (application process, hiring, training, assignments, evaluation, promotion, discipline, and termination) on an applicant’s or employee's qualifications and performance rather than a disability or need to accommodate.
  • Consult with the Director of Affirmative Action before making disability related decisions.
  • Follow procedures in the UW Oshkosh disability accommodation policy.
  • Provide appropriate disability information (accommodation policy, procedures, and request form) to applicants/employees who need accommodations.
  • Maintain confidentiality regarding the disability and accommodations (no discussion with co-workers or colleagues, no medical records in personnel files).
  • Refer applicants/employees to the Director of Affirmative Action for information and/or assistance with disability accommodation procedures.
  • Review accommodations periodically to ensure that they are effective.
  • Respond to accommodation requests in a timely manner.
  • The ADA prohibits asking an applicant or employee whether he or she has a disability.
  • The ADA prohibits harassment and retaliation based on disability or the need for accommodation.
  • Campus policy prohibits modifying or denying an accommodation request without a review by the Director of Affirmative Action.
  • Campus policy requires that all accommodations be documented.

 

ADA Confidentiality for Supervisors

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. Employees and applicants may be required to provide confidential medical information to allow you to:
    verify a disability; determine restrictions and accommodation recommendations related to performance of essential functions; 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 an employee or applicant submits confidential medical information and documentation to you, it 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. Employees and applicants initially submit the confidential Disability Accommodation Request Form to you as part of an interactive good faith effort to identify reasonable accommodations
  2. You review the request and discuss it with the Director of Affirmative Action for approval.
  3. The employee’s disability and accommodations are confidential; therefore, you may not disclose this information to co-workers and staff.
  4. If the employee or applicant discusses his/her disability or accommodations with co-workers and staff, you need to advise the employee that such disclosures compromise your ability to maintain confidentiality.
by Clark, Leslie A. last modified Jun 24, 2013 10:26 AM