I. POLICY

The University of Wisconsin-Green Bay is committed to providing accommodations for eligible individuals with documented disabilities as defined by federal and state law in the most timely and effective manner possible under applicable laws and regulation. The University's intent is to ensure that every employee (faculty, academic staff, classified staff, student employees) and/or applicant for employment who makes a request for accommodation under the ADA or Rehabilitation Act is promptly and properly advised of the accommodation process. The University is committed to following the requirements of the ADA and all appropriate federal and/or state laws, rules and regulations.

All requests for accommodation from faculty and staff are to be submitted in writing on the appropriate form(s) and with the appropriate supporting documentation for consideration and/or review. The review of the request may, at the discretion of the University, include an evaluation and determination of the scope of the disability and, if appropriate, request for additional medical documentation, examinations and/or opinions. Accommodation decisions may be appealed through the designated appeals process.

II. DEFINITIONS

Individual With A Disability. Both state and federal laws provide definitions of "handicapped" individuals. Since these laws were written "individual with a disability" has become the preferred term. For purposes of this policy, the term "disability" is used with the understanding that it has the same meaning as "handicap" in state and federal laws.

Americans with Disabilities Act of 1990 (42 U.S.C. sec. 12101): The term "disability" means with respect to an individual:

• A physical or mental impairment that substantially limits one or more of the major life activities of such an individual;

• A record of having such an impairment; or

• Being regarded as having such an impairment.

Federal Rehabilitation Act of 1973 (Section 504): A person is "handicapped" within the meaning of Section 504 (85.3) if he or she:

• Has a mental or physical impairment which substantially limits one or more of such person's major life activities;

• Has a record of such impairment; or

• Is regarded as having such an impairment.

State Fair Employment Act (Section 111.32): "Handicapped individual" means an individual who:

• Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;

• Has a record of such an impairment; or

• Is perceived as having such an impairment.

Major Life Activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Qualified Individual With A Disability. An individual with a disability whose experience, education and/or training enable the person, with reasonable accommodation, to perform the essential functions of the job.

Reasonable Accommodation. The effort made to make adjustments for the impairment of an employee or applicant by structuring the job or the work environment in a manner that will enable the individual with a disability to perform the essential functions of the job. Reasonable accommodation includes, but is not limited to, making facilities accessible, adjusting work schedules, restructuring jobs, providing assisting devices or equipment, providing readers or interpreters, and modifying work sites.

Undue Hardship. An employer is not required to make an accommodation if it would impose an undue hardship. The concept of undue hardship includes any action that is unduly costly, extensive, or disruptive.

Affirmative Action/Equal Opportunity Officer ("AA/EEO"). This is the person designated by the Campus to respond to disability-related employment matters. The AA/EEO assists supervisors, managers, and employees with review of and response to disability accommodation requests. The AA/EEO is authorized to request, receive, and maintain confidential medical information on all employees.

III. PROCEDURES

A. Applicants for Employment

1. All applicants who are invited for interviews will be informed of the UW-Green Bay policy to provide reasonable accommodations for applicants and employees with disabilities. They will be informed that they can request accommodations for interviews and how to make the request.

   1. The following paragraph will be included if a letter is used as part of the interview scheduling process:

      "It is the policy of the University of Wisconsin-Green Bay 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 contact me at [FILL IN THE ADDRESS OR TELEPHONE NUMBER OF THE PERSON SIGNING THE LETTER. THIS MAY BE THE HUMAN RESOURCES REPRESENTATIVE, DEPARTMENTAL ADMINISTRATOR, OR SUPERVISOR, WHOEVER IS APPROPRIATE]. Employment opportunities will not be denied to anyone because of the need to make reasonable accommodations to a person's disability."

   2. If all interview arrangements are made by telephone, this information will be given as part of the telephone conversation.

   3. After being told what the hiring process involves, applicants may be asked whether they will need reasonable accommodation for the hiring process.

2. Applicants may not be asked questions that are likely to elicit information about or that are closely related to a disability, including whether an applicant has a particular disability. However, applicants may be asked whether they can perform any or all job functions, including whether applicants can perform job functions with or without reasonable accommodation.

3. Applicants may not be asked whether they will need reasonable accommodation to perform the functions of the job, but may be asked to describe or demonstrate how they would perform the job, as long as all applicants are asked to do this. However, if an applicant has a known disability, either because it is obvious or because the applicant has voluntarily disclosed a hidden disability, he/she may be asked to describe or demonstrate how he/she would perform the job functions, even if other applicants have not been asked to do so. Applicants may be asked whether they need reasonable accommodation and what type of accommodation to perform the job functions if it is reasonably believed the applicant will need the accommodation because of an obvious disability or if the applicant has voluntarily disclosed a hidden disability.

4. 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.

5. Applicants who have received job offers will make accommodation requests using the UW-Green Bay Reasonable Accommodation Request Form - Employment (Appendix A).

B. Employees

1. Employees will be told about their right to request reasonable accommodations.

2. Each employee shall be informed of the right to request reasonable accommodations in the letter of appointment and/or in any employee orientations.

3. All requests for reasonable accommodations must be in writing using the Disability Accommodation Request Form. Supervisors receiving verbal requests for Accommodations shall direct employees to submit their request in writing using this form. Copies are available from the UW-Green Bay Office of Human Resources and the UW-Green Bay Affirmative Action Office.

IV. PROCESS

The process for determining reasonable accommodation is interactive, involving the supervisor, the employee or applicant, and other appropriate individuals as needed.

1. The employee or applicant needing the accommodation has the responsibility to initiate the request for the accommodation, by discussing the need with the supervisor of the position. The supervisor shall direct employees to submit their request in writing using the Reasonable Accommodation Request Form. The form is then forwarded to the department chair or unit director. In considering the request, the department chair or unit director must consult with the appropriate Dean or Director prior to making an initial decision to honor or deny the request. The employee, supervisor, department chair/unit director or Dean/Director may consult with the AA/EEO at any time

2. If the department chair or unit director, after consultation with the appropriate Dean/Director makes an initial decision to honor the request, he or she informs the AA/EEO of the decision within twenty (20) working days of the request.

3. Before making an initial decision to deny the request, the employing unit, through the appropriate Dean or Director shall forward the accommodation request and relevant information and materials to the AA/EEO review and recommendation. Relevant information and materials shall include, at least, the factors considered in the decision not to honor the request. If the request is straightforward and does not involve significant issues or expenses, the AA/EEO will recommend that the employing unit honor the request. If the accommodation request involves issues or expenses that are significant, the AA/EEO shall assist the employing unit in obtaining additional relevant information.

   This may include, but is not limited to, the following:

   1. Meeting with the employee and the supervisor to obtain additional information concerning the request.

   2. Consulting with the supervisor and Human Resources or campus personnel staff to determine the essential functions of the job.

   3. Consulting with campus budget and purchasing specialists.

   4. Consulting with the reasonable accommodations specialist in the State Division of Affirmative Action.

   5. With the employee's written permission, consulting with any medical or rehabilitation specialists who may be working with the individual. The employee shall be responsible for the expense of providing acceptable documentation, which may include the costs of necessary medical examinations needed to render an acceptable medical decision. If, upon review and at the sole discretion of the University, the AA/EEO determines additional medical opinions are necessary, the University shall be responsible for the additional costs.

   6. NOTE: All medical information obtained throughout the determination process is considered a "confidential medical record," and must be solicited and received by the AA/EEO, who will provide only information about necessary restrictions and accommodations to managers and supervisors. All medical information and the completed Disability Accommodation Request Form will be kept by the AA/EEO as confidential medical records files, separate from personnel records.

4. The employing unit shall inform the employee of its initial decision regarding the request, in writing, within twenty (20) working days, using the Reasonable Accommodation Request Form. If the twenty (20) working day limit cannot be met (for example, to consult with the AA/EEO or Campus ADA Coordinator), the employing unit will confer with the employee to agree on a reasonable time limit, and the employing unit shall inform the employee in writing about the extension of time.

5. The employing unit shall inform the employee of its decision to honor or deny the request using the Accommodation Request Form. When an accommodation request is denied, the employing unit shall attach a copy of the Appeal Process, described in Part V of this policy, to the copy of the form sent to the employee.

V. ADA APPEALS PROCEDURE

If an employee disagrees with the decision regarding an accommodation request, the employee has a right to appeal using the following procedure. Applicants do not have access to this procedure. They have the option to follow the usual discrimination complaint procedures (Wisconsin Personnel Commission, federal Equal Employment Opportunity Commission, etc.).

1. A complaint should be filed in writing and contain the name and address of the person filing it and a brief description of the alleged violation of the regulations.

2. A complaint should be filed within thirty days after the complainant becomes aware of the alleged violation.

3. An investigation, as may be warranted, shall follow a filed complaint. The ADA Coordinator (for non-employment issues) or the AA/EEO (for employment issues) shall conduct the investigation. These rules contemplate informal but thorough investigations affording all interested parties and their representatives, if any, opportunity to submit evidence relevant to a complaint.

4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the investigating staff member and a copy sent to the complainant no later than 30 days after its filing.

5. The staff member who investigated the complaint shall maintain the files and records of the University of Wisconsin-Green Bay related to the complaint filed. The ADA Coordinator will maintain the files and records of the University related to non-employee complaints investigated and the AA/EEO will maintain the University's files and records for employment related complaints.

6. The complainant can request a review of the case in instances where he or she is dissatisfied with the resolution. The request for review should be made within 10 days to the Chancellor or the Chancellor's designee. The Chancellor or the Chancellor's designee shall respond to the complaint in writing within thirty days.

7. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the persons pursuit of other remedies, such as filing an ADA complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

8. These rules shall be constructed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure the University of Wisconsin-Green Bay complies with the ADA and implementing regulations.

Approved by Leadership Team 11/07/2001