ADA- Reasonable Accommodation Policy
The following template is provided to assist agency/institution staff to respond to requests for accommodations. Each agency/institution has a reasonable accommodation policy which is outlined in their Affirmative Action Plan.
The (agency name) is committed to the fair and equal employment of people with disabilities. Reasonable accommodation is the key to this non-discrimination policy. While many individuals with disabilities can work without accommodation, other qualified applicants and employees face barriers to employment without the accommodation process. It is the policy of the (agency name) to reasonably accommodate qualified individuals with disabilities unless the accommodation would impose an undue hardship. In accordance with the Minnesota Human Rights Act and the Americans with Disabilities Act, accommodations will be provided to qualified individuals with disabilities when such accommodations are directly related to performing the essential functions of a job, competing for a job, or to enjoy equal benefits and privileges of employment. This policy applies to all applicants, employees, and employees seeking promotional opportunities.
Disability: For purposes of determining eligibility for a reasonable accommodation, a person with a disability is one who has a physical or mental impairment that materially or substantially limits one or more major life activities.
A reasonable accommodation is a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to enjoy an equal employment opportunity.
Examples of accommodations may include acquiring or modifying equipment or devices; modifying training materials; making facilities readily accessible; modifying work schedules; and reassignment to a vacant position.
Reasonable accommodation applies to three aspects of employment:
Procedure - Current employees and employees seeking promotion
- To assure equal opportunity in the employment process;
- To enable a qualified individual with a disability to perform the essential functions of a job; and
- To enable an employee with a disability to enjoy equal benefits and privileges of employment.
- The (agency name) will inform all employees that this accommodation policy can be made available in accessible formats.
- The employee shall inform their supervisor or the ADA Coordinator designee of the need for an accommodation.
- The ADA Coordinator designee may request documentation of the individual’s functional limitations to support the request. Any medical documentation must be collected and maintained on separate forms and in separate, locked files. No one will be told or have access to medical information unless the disability might require emergency treatment.
- When a qualified individual with a disability has requested an accommodation, the employer shall, in consultation with the individual:
- Discuss the purpose and essential functions of the particular job involved. Completion of a step-by-step job analysis may be necessary.
- Determine the precise job-related limitation.
- Identify the potential accommodations and assess the effectiveness each would have in allowing the individual to perform the essential functions of the job.
- Select and implement the accommodation that is the most appropriate for both the individual and the employer. While an individual’s preference will be given consideration, the (agency name) is free to choose among equally effective accommodations and may choose the one that is less expensive or easier to provide.
- The ADA Coordinator designee will work with the employee to obtain technical assistance, as needed.
- The ADA Coordinator will provide a decision to the employee within a reasonable amount of time.
- If an accommodation cannot overcome the existing barriers or if the accommodation would cause an undue hardship on the operation of the business, the employee and the ADA Coordinator designee shall work together to determine whether reassignment may be an appropriate accommodation.
Procedure - Job applicants
- The job applicant shall inform the ADA Coordinator designee of the need for an accommodation. The ADA Coordinator designee will discuss the needed accommodation and possible alternatives with the applicant.
- The ADA Coordinator designee will make a decision regarding the request for accommodation and, if approved, take the necessary steps to see that the accommodation is provided.
Policy for funding accommodations
Funding must be approved by the (agency name) for accommodations that do not cause an undue hardship (M.S. 43A.191(c)).
Undue hardship. An undue hardship is an action that is unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the (agency name).
Procedure for determining undue hardship
- The employee will meet with the ADA Coordinator designee to discuss the requested accommodation.
- The ADA Coordinator designee will review undue hardships by considering:
- The nature and cost of the accommodation in relation to the size, the financial resources, and the nature and structure of the operation; and
- The impact of the accommodation on the nature or operation of the (agency name).
- The ADA Coordinator designee will provide a decision to the employee.
Employees or applicants who are dissatisfied with the decision(s) pertaining to his/her accommodation request may file an appeal with the agency head, within a reasonable period of time, for a final decision.
If the individual believes the decision is based on discriminatory reasons, then they may file a complaint internally through the agency’s complaint procedure as outlined in this plan.
The (agency name) will review vacant positions and assess the current workload and needs of the office, to determine if job tasks might be performed by a supported employment worker(s). If appropriate, a list of supported worker candidates will be requested from Minnesota Management & Budget. The (agency name) will work with the State ADA/Disability Coordinator to recruit and hire individuals for supported employment if such a position is created.