NC State University

Reasonable Accommodations in Employment

REG 05.00.2

September 2, 1997 Archived Version (Effective September 2, 1997 through March 14, 2005)

Employment

 

Authority: Provost and Vice Chancellor for Academic Affairs

History: First Issued: September 2, 1997 Additional History Information

Related Policies: Administrative Regulation - Equal Opportunity and Non-Discrimination Policy Statement ; Administrative Regulation - Unlawful Harassment Policy Statement .

Contact Information: Assistant Equal Opportunity Officer/ADA Coordinator (919-515-7258)

  1. Purpose

    2. The Americans with Disabilities Act (ADA) mandates that effective reasonable accommodations be provided to qualified persons with disabilities, as defined by the law, to ensure benefits and privileges of employment are applied to everyone. These procedures have been written to maintain consistent application and documentation of the process.

  2. Covered Employees

    3. All employees of NC State University including EPA, SPA, and temporary employees are considered covered employees. Reasonable accommodations are also to be provided to persons with disabilities that are job applicants for vacant university positions.

  3. Definitions

    4. Disability: a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment.

    Essential Job Function: the fundamental job duty of a position an individual holds or desires. Essential functions are the primary job tasks of why the position exists. Deciding what is an essential function will be determined on a case-by-case basis. A partial list of factors that can be considered in determining if a particular function is essential includes:

    • a supervisor's judgment as to which functions are essential;
    • written job descriptions prepared before advertising or interviewing applicants for a job;
    • the amount of time spent performing the function;
    • the consequences of not requiring an incumbent to perform the function;
    • the work experiences of past incumbents in the job; and
    • the current work experience of incumbents in similar jobs.<

    Marginal Job Function: a job function that would be considered a secondary job task. Although important and necessary to the position, they could be reassigned to others or are performed a lesser percentage of time as compared to the essential functions. Marginal job functions would be non-critical tasks.

    Qualified Individual with a Disability: a person who satisfies the pre-requisites of a position desired or held and can perform the essential functions of the position, with or without an accommodation.

    Reasonable Accommodation: an accommodation is any change or modification in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

    Undue Hardship: is significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but also to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.

  4. Reasonable Accommodation For Employees With Disabilities Procedure

    1. Employees Requesting Accommodations

      2. The Office for Equal Opportunity has the responsibility for providing consultation to university departments regarding the provision of accommodations in employment practices at NC State University.

      1. Employees seeking information about reasonable accommodation(s) under the ADA should contact the ADA Coordinator at Room 1 Holladay Hall, or at 515-7258 (voice) 515.9617 (TTY).

      2. Employees requesting accommodations under the Americans with Disabilities Act (ADA) should contact their supervisor and submit a copy of the Accommodation Request forms available at the following URLs:

        www.ncsu.edu/equal_op/disability_resources/EEO-009.pdf .
        www.ncsu.edu/equal_op/disability_resources/EEO-010.pdf

        These forms are also available from the:
        Office for Equal Opportunity and Equity
        Room 1 Holladay Hall
        919.515.7258 (voice)
        919.515.9617 (TTY)
        919.513.1428 (fax)

      3. Determinations of whether an individual is covered under the ADA and for whom a reasonable accommodation might be considered is the responsibility of the ADA Coordinator.

    2. Responding To Requests For Accommodations

      1. NC State University is required to make reasonable accommodations to individuals with known physical or mental disabilities unless it can be demonstrated that the accommodation would create an undue hardship for the institution. Reasonable accommodation applies to all phases of employment, including the application process (EEOC Regulations §1630.9).

        Note: Many employees with disabilities do not require an accommodation. However, when an accommodation is needed, an accommodation process should be used to determine what accommodations are required and if they are reasonable.

        1. The Reasonable Accommodation Process

          1. Providing reasonable accommodations is a process through which the supervisor and the employee with the disability or applicant search and discuss possible changes the employee would need to perform the essential functions of the position.

          2. Reasonable efforts must be made by all parties involved to determine the appropriate accommodation and whether the accommodation can be implemented. While supervisors will know functional limitations of an employee and use this information to determine a reasonable accommodation, the information must be kept confidential and may only be revealed to others on a "need to know" basis.

            1. Reasonable efforts include:

              • documenting efforts to evaluate an employee's accommodation request, including noting times and dates of attempts to contact employee or health care professional for additional medical information or to schedule meetings to discuss the request;
              • utilizing the recommended reasonable accommodation process;
              • consulting with the ADA Coordinator for assistance with the accommodation process;
              • notifying an employee regarding the status of his or her accommodation request in a timely manner.