Employment Accommodation Procedures for
Faculty, Staff, and Applicants
| The term “Department Administrator” typically includes the employee or applicant’s immediate Supervisor, Unit Administrator and/or HR Representative. |
These procedures guide HR Representatives and Department Administrators in The University of Iowa accommodation process when work capabilities of employees and applicants with health conditions/disabilities are significantly impacted by the condition(s). The procedure objective is to obtain and provide reasonable and effective accommodations when required using an interactive process between each Department Administrator and employee/applicant.
Staff in Faculty and Staff Disability Services (FSDS) are to be contacted for assistance with procedure implementation. FSDS staff advise departments and serve in a case management role guiding the process and coordinating service implementation when needed.
Initiating the Accommodation Process
The accommodation process begins when either 1) the employee/applicant makes a request for accommodation or 2) Department Administrators become aware of performance concerns that may be due to a health condition. When either of these occurs, the Department Administrator should inform the department HR Representative if not yet involved in the situation. The Department Administrators should contact FSDS staff. The Department Administrators, FSDS staff and employee/applicant, should use the following interactive process to determine whether a reasonable accommodation can and should be made.
Department Responsibilities
The Department Administrators should have an accurate and complete Essential and Marginal Functional Analysis (EMFA) of the specific position in question. When an EMFA is not available, the Department Administrators should complete the form prior to receiving any information pertaining to the employee/applicant’s health needs.
The Department Administrators, when health limitations are not visible, may request the employee/applicant obtain medical documentation from the treating health professional indicating capabilities/restrictions. The Department Administrators are to use the medical documentation request template to obtain the specific needed information. This template may be modified to include specific observed performance concerns and/or other relevant information, but only with assistance from FSDS staff. All medical inquiries must be based on job requirements.
The Department Administrators are to submit the medical documentation request and the EMFA directly to the employee and treating health practitioner (when applicable) to obtain the treating health practitioner’s response. [This is different than FMLA when the employer cannot directly interact/communicate with the treating health practitioner.]
Employee Responsibilities
The employee is required to obtain the requested medical documentation to complete the accommodation process. When the medical documentation is not received in the timelines provided in the medical documentation request letter, the employee may be required to be absent from work if the known condition limits the employee’s ability to perform the job and/or the condition is a threat to the employee or others. The Department Administrators and FSDS staff should work closely with the employee in these situations to successfully address employee and employing department’s requirements.
Determining Reasonable Accommodations
When the medical information is received, FSDS staff typically review the medical documentation and EMFA with the Department Administrators and employee/applicant to:
- determine if the employee/applicant is a qualified person with a disability as defined by the Americans with Disabilities Act,
- discuss need for accommodation,
- determine means to reasonably accommodate work needs and,
- discuss options if reasonable accommodations are not available or are not required.
This review is typically conducted in a face-to-face meeting with the employee/applicant, Department Administrators and FSDS staff to encourage interaction and problem solving.
Documenting the Accommodation
The Disability Accommodation Request Form (DARF) is used as a means to request an accommodation or as a tool for the employee/applicant, Department Administrators and FSDS staff to record reasonable and effective accommodations required for the employee/applicant to perform the job.
Department Administrators are to submit the completed DARF, EMFA, and medical documentation to FSDS, 121-20 USB (if not previously made available to FSDS).
Interim Work Assignment
An employee/applicant is not to be assigned work that exceeds the medically documented restrictions. If work cannot be performed during the accommodation process, the applicant will begin work when the accommodations are available. An employee is entitled to use accrued sick leave (vacation as applicable) until accommodations or other options are available.
Implementation
Reasonable accommodations are to be implemented immediately following the department’s approval of the accommodation unless situations require a time period to purchase, set up equipment, make arrangements and/or provide training. These “set up” functions should be completed within a reasonable period.
Disputed Accommodation
When Department Administrators believe the requested accommodation is unreasonable, the Department Administrators may indicate on the DARF a desire to modify or deny the requested accommodation and submit the above documentation with the rationale for the decision to FSDS, 121-20 USB.
FSDS staff attempt to resolve the accommodation concerns or issues between a department and employee/applicant using informal dispute resolution procedures. Other campus resources may also serve in this role. If a mutual agreement is not obtained, FSDS staff forward the Department Administrators’ documents to the Office of Equal Opportunity and Diversity (EOD).
EOD reviews the documentation and determines the University’s response based on the requirements of the ADA. This review may involve meeting with and/or interviewing the employee, Department Administrators, and others. EOD will inform the employee/applicant, the Department, and FSDS of its decision in writing. The EOD’s decision should be implemented as soon as reasonably possible.
During this review period, the department is not to implement changes that negatively impact the employee/applicant and the employee/applicant is to remain working if work is available that is within the medically documented restrictions. If work within the department is not available that is within the medically documented restrictions, the employee is entitled to use accrued sick leave or vacation as applicable.