Small Business Model Reasonable Accommodation Policy

New Mexico Technology Assistance Program | Project RAISE | Southwest ADA Center

I. Reasonable Accommodation Policy

It is the policy of company name to provide reasonable accommodations to qualified individuals with disabilities to support the performance of an essential function of a job, to compete for a job, or enjoy benefits and privileges of employment equal to those enjoyed by other employees.

Comment

  • Human Resources manager may require documentation to determine whether the employee’s mental or physical impairment is covered by the Americans with Disabilities Act and whether accommodation is necessary for the employee to perform essential functions of a job, to compete for a job, or enjoy benefits and privileges of employment equal to those enjoyed by other employees.
  • A collaborative effort that includes the employee, responsible company representatives and may include external experts will be initiated by a request for reasonable accommodation that includes analysis of essential job functions, evaluation of options, and accommodation effectiveness.
  • Primary consideration is given to the accommodation preferred by the individual with a disability.
  • The Company may choose to provide an alternative accommodation, however the alternative chosen must:
    • Enable an applicant with a disability to have an equal opportunity to participate in the application process.
    • Enable the employee to perform the essential functions of the job
    • Enable the employee to enjoy privileges and benefits of employment equal to those enjoyed by other employees.

II. What is a disability?

A physical or mental impairment that substantially limits one or more major life activities; a record of such impairment; or being regarded as having such an impairment. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

What is a major life activity?

Major life activities include, but are not limited to: caring for oneself, performing manual tasks, eating, sleeping, walking, sitting, standing, lifting, bending, working, seeing, hearing, speaking, breathing, learning, concentrating, thinking, reading, and communicating. They also include major bodily functions, such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

What is a reasonable accommodation?

A reasonable accommodation is any modification or adjustment to the work environment or to the circumstances under which the position held or desired is customarily performed, that enables a qualified individual with a disability to perform the essential functions of that position and or to enjoy the benefits and privileges of employment.

Reasonable accommodations may include, but is not limited to:

  • Making existing facilities used by employees accessible to and usable by individuals with disabilities
  • Restructuring a job by modifying the job so that a qualified person with a disability can perform the essential functions of the position
  • Initiating part-time or modified work schedules
  • Acquiring or modifying equipment or devices;
  • Acquiring readers or interpreters;
  • Providing an alternative worksite in a setting away from the employee’s normal work station

 III. Establish an Accommodation Process

An accommodation process should be established within the company incorporating individuals who have authority to act and who can facilitate the request, the analysis and when appropriate the provision of accommodation. Each party must be assigned responsibilities to ensure an efficient process.

Essential components of the accommodation process:

  • Training for human resources personnel, supervisors and, employees.
  • Establish a process and record keeping system that ensures confidentiality.
  • Identify who will be included in the process and delineate the responsibilities of each.
  • Establish time lines to ensure timely provision of needed accommodation.
  • Include an employee appeal or grievance procedure.
  • Address a possible rejection of accommodation.

 IV. Responsibilities

Job Candidates

Job Candidates must inform the Company of the need for accommodation.

Employee

It is the responsibility of the employee to:

  • Make the company aware that accommodation is needed;
  • provide documentation to establish the existence of a disability if the disability and/or need for accommodation is not obvious, and functional limitations caused by the disability;
  • participate in the interactive process;
  • provide feedback to the supervisor or HR Manager about the effectiveness of the reasonable accommodation; and
  • appeal the reasonable accommodation determination if s/he is not satisfied.

Supervisor

It is the responsibility of the supervisor to:

  • participate in the reasonable accommodation interactive process; and
  • evaluate, with the help of the employee, the effectiveness of the accommodation and report to the HR Manager. 

Human Resources Manager (HR Manager)

It is the responsibility of the HR Manager to:

  • ensure that all company job postings include a statement regarding the provision of reasonable accommodation;
  • determine sufficiency of the documentation of the disability, if the disability is not obvious;
  • coordinate the interactive process;
  • research reasonable accommodation options and reach a consensus with the employee, if possible, regarding an effective reasonable accommodation;
  • consult with any company department affected by the accommodation;
  • notify the job candidate or employee and the supervisor of final decisions related to an accommodation request;
  • ensure an appropriate accommodation is provided in a timely manner so as not to negatively affect the hiring process or an employee’s performance; and
  • maintain all records of job candidate or employee reasonable accommodation requests in accordance with file retention rules and to keep these records separate from their employee personnel file.

Accommodation Request

  • All job postings include the following:  “Applicants selected for an interview must provide notice of the need for reasonable accommodation.” Include appropriate contact information.
  • HR Department includes the Accommodation Policy and Procedures in the new hire packet for all employees.
  • An employee or job candidate notifies the immediate supervisor or HR Manager of the need for accommodation.
  • Within one week from the date of the request, the immediate supervisor or HR Manager discuss the accommodation request and completes the “Reasonable Accommodation Request” form with the employee.
  • Upon completion of the “Reasonable Accommodation Request” form, the immediate supervisor routes the form to the HR Manager within 24 hours.
  • The HR Manager reviews the information submitted on the “Reasonable Accommodation Request ” form and may request the employee provide information pertinent to the request. Documentation may not be required if the disability is obvious or if there is a record of disability.
  • The HR Manager must engage in an interactive process with the employee. There must be a discussion beyond what is written on the form, about why the accommodation is needed and which accommodations would be effective.
  • The HR Manager may seek assistance from internal and/or external experts in identifying accommodation options.
  • The HR Manager gives primary consideration to an employee’s preferred reasonable accommodation.
  • Once an appropriate reasonable accommodation is identified, the HR Manager informs the employee and the supervisor, in writing, of approved reasonable accommodation.
  • The HR Manager works with supervisor to arrange training if it is needed for the employee to use a reasonable accommodation effectively.
  • If the employee accepts the approved reasonable accommodation, the HR Manager coordinates the provision of the accommodation.
  • If the employee does not accept the approved reasonable accommodation, the HR Manager discusses, and seeks to resolve the differences, with the employee.
  • If no agreement is reached, the HR Manager explains the appeal process to the employee or job candidate.
  • A copy of the request approval or denial is placed in the employee’s Reasonable Accommodation File.

Appeal

  • The reasonable accommodation decision must be appealed in writing within fifteen days of notice.
  • The highest level officer in the company may affirm, modify, or reverse the decision of the HR Manager or may return the request for reasonable accommodation to the HR Manager for further consideration. This decision completes the appeals process.
  • Nothing in this appeals procedure waives any right of the employee to file a discrimination complaint with the Equal Employment Opportunity Commission or the state’s human rights agency.

Accommodation Rejection

The purpose of providing reasonable accommodation for an employee with a disability is to support the individual’s ability to perform their job and contribute to the success of the company.

  • An employee is not required to accept an accommodation.
  • The HR Manager provides guidance to an employee who rejects the reasonable accommodation provided or elects not to use the reasonable accommodation provided.  If, as a result of rejection of a reasonable accommodation, the employee is unable to perform the essential functions of the position, the employee may not be considered a qualified individual with a disability.
  • The “Employee Rejection of Accommodation” form is used to document an employee’s choice to reject reasonable accommodation provided and that s/he has been advised of the possible consequences of such rejection. A signed original of the form will be kept in the employee’s Reasonable Accommodation File.
  • The employee’s rejection of an accommodation should first be viewed as part of the interactive process, and more discussion should follow.
  • The HR Manager will immediately inform the person to whom an appeal could be made of an employee’s rejection of reasonable accommodation.

Employee Performance with or without Accommodation

  • The immediate supervisor monitors an employee’s performance, with reasonable accommodation, to insure the accommodation is effective.
  • The immediate supervisor follows standard progressive discipline should an employee’s performance, with or without reasonable accommodation, be considered unsatisfactory.

Records

  • The HR Manager shall maintain a record of accommodation requests received from job candidates and employees. These records shall be kept confidential and be maintained in accordance with company file retention policy.
  • The HR Manager shall maintain a confidential record of employee requests for accommodation, to be kept separate from the employee personnel file and to include the notice of approval or denial, documentation of the analysis, selection, procurement and, implementation or rejection of accommodation.

V. Glossary

  • Confidential - Information about disclosed disabilities or serious medical conditions that is safeguarded from access except to those individuals directly involved in the accommodation process.
  • Disability - A physical or mental impairment that substantially limits one or more of an individual’s major life activities, a record of such impairment, or being regarded as having such an impairment.
    • An impairment that substantially limits one major life activity; need not limit other major life activities to be considered a disability.
    • An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
    • Determination of whether impairment substantially limits a major life activity shall be made without regard to the effects of mitigating measures, except ordinary eye glasses and contact lenses (intended to fully correct visual acuity or eliminate refractive error).
  • Essential Functions - The fundamental job duties of an employment position; those duties for which the position exists.
  • Functional Limitations - Limitations imposed by a disability that impede or limit an individual’s functioning that can include, but are not limited to, one or more of the following areas (or in any area of physical or mental functioning):

          Sensory Functioning                                           Work Behaviors
          Manual Dexterity                                                 Motor Coordination
          Physical Strength or Stamina                            Mobility
          Interpersonal Relations                                       Physical Appearance
          Communication                                                   Speech
          Thought Process                                                 Visual/Auditory Perception
          Learning Style                                                     Judgment
          Physical, Mental or Emotional Functioning      Memory
  • Interactive Process – A collaborative effort initiated by a request for reasonable accommodation that includes analysis of essential job functions, identification of barriers, evaluation of options and accommodation effectiveness.
  • Job Candidate - An individual who applies for employment with the company, or an employee seeking a promotion or transfer to a different position within the company and has been scheduled for an interview for the posted position.
  • Major Life Activities - Includes, but are not limited to: caring for oneself, performing manual tasks, eating, sleeping, walking, sitting, standing, lifting, bending, working, seeing, hearing, speaking, breathing, learning, concentrating, thinking, reading, and communicating. Major life activities also include the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
  • Marginal duties - Peripheral duties of an employment position; job functions that can be redesigned or reassigned without significantly altering the purpose of the position.
  • Physical or Mental Impairment - Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems:  neurological, musculoskeletal, sensory, respiratory (including speech organs), cardiovascular, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine, or Any mental or psychological disorder, such as developmental disability, organic brain syndrome, traumatic brain injury, mental illness, or a learning disability. Qualified person with a disability with respect to employment - An individual with a disability who meets the skill, experience, education, and other job related requirements of a position held or desired, and who, if needed, with a reasonable accommodation, can perform the essential functions of the job.
  • Reasonable Accommodation - Any modification or adjustment to the work environment or to the manner or circumstances under which the position held or desired is customarily performed, that enables a qualified individual with a disability to perform the essential functions of that position. Reasonable accommodation may include, but is not limited to, any one or a combination of the following:
    • Making existing facilities used by employees accessible to and usable by individuals with disabilities;
    • Restructuring a job by modifying the job so that a qualified person with a disability can perform the essential functions of the position (i.e., eliminating marginal elements of the job, or redesigning procedures);
    • Initiating part-time or modified work schedules;
    • Acquiring or modifying equipment or devices;
    • Acquiring readers or interpreters;
    • Providing secretarial or clerical help to perform essential duties of the job; or
    • Providing an alternative worksite in a setting away from the employee’s normal work station, such as: a specifically set aside area in the employee’s residence.
  • Record or History of Impairment - A person has a disability under the ADA if he has a history of an impairment that substantially limits a major life activity, or has been diagnosed as having such an impairment.
  • Regarded as Impaired - A person is regarded as having a disability under the ADA if:
    • There is a physical or mental impairment that does not substantially limit major life activities but who is treated as if the impairment causes such limitation, or
    • The person has a physical or mental impairment that substantially limits major life activities only as the result of the attitudes of others, or
      the person does not have an impairment but is treated as if the person does.
  • Serious Medical Condition - A serious health-related impairment, other than a disability, which substantially limits one or more of an individual’s major life activities, as “major life activities” is defined within this policy. The term "serious medical condition" is intended to apply to a serious health-related impairment that requires protection against discrimination due to the severity and/or duration of the impairment and which is verifiable by medical diagnosis. An individual is also considered to have a serious medical condition if that individual:
    • Has a record of a serious health-related impairment,
    • Is regarded as having such impairment,
    • Has no impairment described above, but being treated by a respondent as having such impairment.
    • Undue Hardship - Any action that the company can demonstrate would result in a fundamental alteration in the nature of its program or activity or in undue financial and/or administrative burdens.  Where a particular accommodation would result in an undue hardship, the company must determine if an alternative accommodation is available that would not result in an undue hardship.

VI. Additional Information:

The Southwest ADA Center is a program of ILRU (Independent Living Research Utilization) at TIRR Memorial Hermann in Houston, Texas. The Center is funded by a grant (#H133A060091) from the Department of Education’s National Institute on Disability and Rehabilitation Research (NIDRR). NIDRR is not an enforcement agency.

The Southwest ADA Center is part of a national network of ten regional ADA Centers that provide information, referrals, resources, and training on the Americans with Disabilities Act (ADA). Call 1-800-949-4232 v/tty to reach the center that serves your region or visit http://www.adata.org/.

New Mexico Technology Assistance Program and Project RAISE:
NMTAP offers free services to New Mexicans with disabilities to help them get the assistive technology (AT) services they need. NMTAP is a statewide program designed to increase access to, and acquisition of, assistive technology.

Project RAISE - Reasonable Accommodation Intervention for Successful Employment
Project RAISE was established to promote hiring of qualified persons with disabilities and support successful employment through early intervention for the provision of accommodation.For more information please contact: 505-832-5038.