Procedures for Accommodation of Applicants and Employees with Disabilities

The University's Obligation to Provide Accommodations
Under the Americans with Disabilities Act, discrimination includes, but is not limited to, an employer's failure to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability. A reasonable accommodation is any modification or adjustment to a job or to the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodations may include, but are not limited to, making existing facilities used by employees readily accessible to and usable by individuals with disabilities; job restructuring so long as the employee is carrying out the essential functions of the position; modified work schedules; acquisition or modification of equipment or devices; rendering job-related materials into accessible formats such as Braille; or the provision of qualified readers or interpreters. An employer does not have to provide as reasonable accommodations personal use items, such as eyeglasses or a wheelchair, needed in accomplishing daily activities both on and off the job.

When an accommodation is requested, it is the University's responsibility to determine whether an applicant or employee has a disability for which an accommodation is required, what constitutes an appropriate accommodation, and whether the accommodations requested are reasonable and feasible. This decision is made by appropriate University officials on a case by case basis and through an interactive process with the individual requesting an accommodation. It is the employee's responsibility to provide sufficient information, upon the University's request, for the University to make this decision.

Procedure for Requesting Accommodations
An applicant for a non-faculty position who requires an accommodation during the application process should inform the Office of Human Resources on the Charles River or Medical Campus as appropriate. An applicant for a faculty position who requires an accommodation during the application process should inform the Dean of the relevant school or college. A non-faculty employee should notify his or her supervisor about the need for accommodation and a faculty employee should notify his or her department chairman or Dean. Any employee may also request an accommodation through the Office of Equal Opportunity. In some cases, an employee may request that the Office of Equal Opportunity not disclose to his or her supervisor or others the disability for which an accommodation has been requested. The Office of Equal Opportunity will honor this request whenever possible. However, whether a request not to disclose can be honored will depend on whether it is necessary for the employee's supervisor, department chairman or Dean to know the nature of the disability in order to assist in the decision regarding appropriate accommodations.

When a request for an accommodation is received, the supervisor, department chairman, or Dean should provide the employee with the Accommodation Request Form. The Accommodation Request Form is downloadable from the Forms/Print Library, and is also available from the Office of Equal Opportunity or the Office of Human Resources. This form should be completed by the employee and then returned to the supervisor, department chairman, or Dean, as appropriate, or the employee may send the form directly to the Director of Equal Opportunity at the Office of Equal Opportunity. After reviewing the form, the supervisor, department chairman, or Dean should immediately contact the Director of Equal Opportunity to determine the appropriate course of action. A copy of the form should also be sent to the Director of Equal Opportunity, along with any other relevant information requested.

The Director of Equal Opportunity will review the request and the department's initial response to the request. If the nature or extent of the medical condition described by the employee is unclear, if more information is needed about the functional limitations imposed by the medical condition, or if the relevance or efficacy of the requested accommodation to the reported disability is unclear, the Director of Equal Opportunity will request the Director of the Occupational Health Center to review the request and any supporting documentation. The Director of the Occupational Health Center may need to contact the employee's medical provider for further information; if so, the employee will be asked to sign a release. The Director of the Occupational Health Center will communicate the results of this medical review to the Director of Equal Opportunity.

If it appears to the Director of Equal Opportunity that an accommodation is warranted, the Director of Equal Opportunity will assist the supervisor, chairman, and/or Dean in consulting with the employee in an effort to establish an effective and reasonable accommodation that will enable the employee to perform the essential functions of the job. In some cases, the Office of Disability Services and/or the Office of Environmental Health and Safety may be consulted for technical assistance regarding what accommodations are appropriate and available. The Office of the General Counsel may also be contacted for guidance on any issues involved in the accommodation process, particularly if it appears that a requested accommodation imposes an undue hardship or that the employee cannot perform the job effectively or safely even with accommodation.

In each case, within a reasonable period of time, the supervisor, department chairman, or Dean should inform the employee and the Director of Equal Opportunity of the final action taken on the employee's request, including what, if any, accommodation will be provided. The Director of Equal Opportunity will record the final action taken on the Accommodation Request Form.

Confidentiality
Information provided through the reasonable accommodation process must be kept confidential, with the exception of disclosure to supervisors and other personnel who need to be informed in order to assess requests for, implement, or monitor accommodations. Information may also be provided to personnel called on to provide emergency medical treatment to the employee, or government officials investigating compliance with disability laws or regulations.

Any written information regarding an employee's medical condition, including the Accommodation Request Form, must be kept separate from the employee's regular personnel file. A Dean, department chairman, supervisor, or any other person who has participated in the evaluation or implementation of an accommodation request, must not share information about an employee's medical condition or disability with other employees or inform other employees that an accommodation is being provided because of a co-worker's medical condition or disability, unless the employee reporting the medical condition or disability has consented to such disclosure.

Financial Responsibility for Accommodations
Individual departments are responsible for the costs, if any, associated with the provision of reasonable accommodations. In the event that an otherwise appropriate accommodation would result in excessive financial burden to a particular department, a formal written request for additional funding should be presented by the Dean of the school or college or the appropriate Vice President to the Provost or the Executive Vice President, as appropriate, outlining the accommodation requested, the cost, and any other information that would be helpful in considering the funding request.

Grievances
If an employee wishes to make a complaint about the manner in which an accommodation request was handled, or about perceived discrimination by the department against the employee based on the disability and/or request for accommodation, the complaint should be directed to the Director of Equal Opportunity. If the grievance arises out of an action of the Director of Equal Opportunity, it should be filed directly with the Associate Vice President for Human Resources.

Questions about the Procedures for Accommodation of Applicants and Employees with Disabilities should be addressed to the Office of Equal Opportunity. Please contact Kim Randall, Director of Equal Opportunity, at the Office of Equal Opportunity, 617/353-9286.