PERSONNEL
60.21
New 12-06
Human Resource Services
335-4521
PDF link
POLICY
Washington State University is committed to providing equal opportunity in its services, programs, and employment for individuals with disabilities. The University complies with federal and state laws (e.g., RCW 49.60) and regulations (e.g., WAC 357-26) regarding reasonable accommodation for persons with disabilities.
This policy sets forth broad guidelines for meeting reasonable accommodation requirements of state and federal laws. See below. The reasonable accommodation process is subject to flexibility within governing law.
Purpose
The University's reasonable accommodation process is designed to help individuals with disabling conditions remain in their jobs or appointments, with or without accommodations.
Applicability
This policy affects all employees, appointees, and candidates for employment with Washington State University.
Persons with disabilities have the right to request and receive reasonable accommodation in all aspects of employment procedures with the University, including but not limited to application, recruitment, selection/hiring, promotion, testing, medical examinations, layoff/recall, assignments, termination, evaluation, compensation, disciplinary processes, leave, training, employee benefits including insurance, and employer-supported activities.
Reasonable Accommodation
Reasonable accommodation means modification or adjustment to a job, work environment, policy, practice, or procedure that enables an individual with a disability to enjoy equal employment opportunity and that does not impose an undue hardship on the employer.
In accordance with WAC 357-26-015, reasonable accommodation may include, but is not limited to:
- Accommodation in application procedures, testing, and interview processes; or
- Modifications or adjustments to a job, work method, or work environment that make it possible for a qualified person with a disability to:
Perform the essential functions of the position, or
Enjoy the benefits and privileges of employment equal to employees without disabilities.
ACCOMMODATION PROCESS
Notification
The University must provide each employee who requests reasonable accommodation with access to the University's reasonable accommodation procedure in a format that is accessible to that employee in accordance with WAC 357-26-020.
The University is obligated to include notification of the right to make a reasonable accommodation request and information on how to initiate such a request with all recruitment efforts.
Requesting Accommodation
Employee Responsibilities
Unless the disability or need for accommodation is obvious, it is the employee's responsibility to inform the supervisor or HRS that he or she needs a reasonable accommodation in order to perform the essential job functions or to receive equal benefits and privileges of employment.
The employee is responsible for providing current information concerning her or his medical condition, skills, abilities, training, and experience.
Department Responsibilities
When the disability or the need for reasonable accommodation is obvious, the supervisor should inquire whether the employee perceives a need for accommodation. NOTE: The supervisor must be careful to avoid an improper inquiry about the employee's possible disability and to protect the employee's right to privacy. See 60.08. It is strongly recommended that the supervisor contact HRS to assist with this process.
Providing Reasonable Accommodation
The University provides reasonable accommodation to the known physical, mental, or sensory limitations of an otherwise qualified individual with a disability.
The obligation to provide a reasonable accommodation applies to all aspects of employment. This duty is ongoing and may arise any time that a person's disability or job changes.
Consultation with the Individual
Upon receiving a reasonable accommodation request, Human Resource Services consults with the individual with a disability to:
- Assess his or her specific physical or mental abilities and limitations in relation to the essential job functions,
- Identify the disability-related barriers to job performance, and
- Assess how an accommodation may overcome these barriers.
Timely Response
Timely response to an accommodation request is essential in providing equal opportunity. Failure of a department to provide reasonable accommodation in a timely manner is justification for extension of application or other deadlines.
Documentation
Request Form
To make an accommodation request, the employee or individual completes and submits a Reasonable Accommodation Request form to HRS. Obtain copies of the form by completing and/or printing the blank master on 60.21.14.
NOTE: Completion of an accommodation request form may not always be necessary. However, completion is recommended to assist HRS and the department with maintaining an accurate record of the request and action taken. If the employee fails to complete a reasonable accommodation request form, HRS may request the employee to do so.
Medical Documentation
HRS may request that the employee provide written documentation from a licensed health care provider (HCP), including a statement of the employee's functional limitations. This documentation may also include the HCP's recommendations about potential reasonable accommodations.
Use the following forms, as needed, to request and obtain written documentation from a health care provider:
- Medical Release Statement for Reasonable Accommodation Requests on 60.21.15, and
- Health Care Provider Statement for Reasonable Accommodation Requests on 60.21.16 and/or
- Work Assessment form. Contact HRS to obtain copies of this form as needed.
Refusal by the employee to provide adequate medical documentation may result in denial of accommodation or separation.
Review of Request
HRS Review/Consultation
Upon receiving the accommodation request, HRS reviews the current position description, essential functions, and qualifications.
HRS contacts the department and employee once the completed request is received. HRS may request additional information. The employee may also schedule an appointment with HRS on his or her own initiative.
With Employee
HRS consults with the employee to find out his or her specific physical or mental abilities and limitations as related to the essential job functions. HRS discusses the employee's preferences with regard to reasonable accommodations.
With Department
HRS, in consultation with the department, may consider a reasonable accommodation for essential functions or elimination of nonessential functions. See below regarding determination of essential functions.
Verification
The University may request that an applicant or employee provide verification from a health care professional when he or she requests an accommodation and:
- The disability is not readily apparent;
- The disability has not been previously documented; and/or
- The reasonableness of the request is not obvious.
The University may request the health care professional's opinion as to whether or not:
- The employee or applicant has the disability as claimed;
- The disability has the effect of necessitating reasonable accommodation;
- The employee or applicant is able to perform the essential functions of the job; and
- The requested accommodation is appropriate to the disability.
Second Opinion
The University may obtain a second opinion from a health care professional chosen and paid for by the employing department. Such inquiries are limited to:
- Verification of the employee's claims;
- Comments on the appropriateness of the requested accommodation; and/or
- Suggestions of possible effective alternative accommodations.
Medical Examination and/or Certification
The University may require a medical examination and/or health care professional's certificate where a question arises concerning the fitness of a current employee to perform the duties of his or her position. The employing department pays the cost of the medical examination and/or certificate.
Determining Accommodation
If the disability precludes the employee from performing essential job functions, HRS consults with the supervisor, the employee, and if applicable, a vocational professional. The consulting group undertakes the following actions, as appropriate:
- Evaluation of the employee's functional abilities and limitations;
- Analysis of the job requirements;
- Exploration of accommodation options available to enable the employee to perform the essential functions, including but not limited to:
Making existing facilities used by employees readily accessible to be usable by the disabled employee;
Restructuring the job in a manner consistent with reasonable accommodation;
Granting a leave of absence in a manner consistent with law;
Modifying work schedules;
Acquiring or modifying equipment or devices;
Providing qualified readers and interpreters;
Reviewing current vacancies within the department; and/or
Providing the opportunity for reassignment to an active vacant position.
- Determination of the most effective reasonable accommodations;
- Evaluation concerning whether or not the employee can perform the job in a manner safe to others and the employee.
For any questions concerning the nature of the limitation or a reasonable accommodation being considered, the employee and/or the supervisor should consult with HRS. HRS may also consult with other knowledgeable sources.
HRS and Department Evaluation
HRS and the department evaluate the suggested accommodation(s) by assessing:
- The effectiveness of the accommodation in enabling the employee to perform the essential functions of the job,
- The cost of the accommodation, and
- The operational needs of the department.
Considerations
HRS and the department consider the following factors, as appropriate:
- The number of persons employed in the department.
- The number, type, and locations of the units within the department.
- The type of operation, including:
The composition, structure, and functions of the department's workforce,
The department's geographic separateness, and
The administrative or fiscal relationship of the department to the campus;
- Impact of the accommodation on:
The operation of the department,
The ability of other employees to perform their duties,
The department's ability to conduct business.
- The nature and cost of the accommodation.
- The overall financial resources of the University with respect to the number of employees and the number, type, and location of University facilities;
- The effect on expenses and resources or other impact of the accommodation on business operations.
Undue Hardship Limitation
The University is responsible for making reasonable accommodation unless doing so imposes an undue hardship on the operation of the University, college, or a particular department or program. However, before concluding that a particular accommodation would impose an undue hardship, the University must consider whether or not there are alternative accommodations which would not impose such a hardship. See also below.
Accommodation Options
Any reasonable accommodation option which is chosen is reviewed as necessary with the employee by the supervisor and HRS. Dialogue concerning reasonable accommodation may be ongoing.
Accommodation to Position
If two or more effective accommodations would allow the individual with a disability to perform the essential job functions of the position, and after considering the preference of the individual with a disability, the University may select the accommodations to be provided.
Placement in Alternate Position
The University attempts to place an employee with a documented disability in an equivalent or lower status vacant position for which the employee qualifies if:
- Employee is no longer able to perform the essential functions of his or her position with or without accommodation, or
- Accommodation in the present position would cause an undue hardship (see below).
Generally, placement under this policy is without competition. However, an employee covered by this policy may compete with other similarly-situated candidates for the same nonpromotional position. The employee must meet the minimum qualifications and specific position requirements for any vacant position offered as a reasonable accommodation.
Under this policy, the University is not required to:
- Create a position,
- Displace another employee,
- Offer a promotion, or
- Move an employee into a position for which the employee is not qualified.
Refusal by the employee to cooperate with the placement efforts or to provide adequate medical documentation may result in separation or not receiving accommodation.
Individual Options
If the cost of a reasonable accommodation imposes an undue hardship and there are no other financial resources available, the University gives the individual with a disability the option of providing the accommodation, or paying that portion of the cost which constitutes an undue hardship.
No Accommodation Selected
By Department
The department should discuss suggested accommodations that appear to be unacceptable with HRS. This determination includes an evaluation of undue hardship. See below.
An accommodation adopted by the parties as acceptable may not be rejected or ceased by a department without involving HRS.
Written Justification
The University provides written justification, signed by the appropriate dean or vice president, to the individual for any decision not to provide a reasonable accommodation because of undue hardship.
By Employee
A qualified individual with a disability has the right to refuse an accommodation. (See below for the definition of a qualified individual with a disability.)
However, if the individual refuses the accommodation and is unable to perform the essential functions of the job without the accommodation, he or she is not then considered to be a qualified individual with a disability. In this case, the employee may be separated due to disability.
Disability Separation
A disability separation is an action taken to separate an employee from service when the employer determines that the employee is unable to perform the essential functions of his or her position or class with or without reasonable accommodation due to mental, sensory, or physical incapacity. Disability separation is not a disciplinary action. (WAC 357-46-160)
If no applicable position is available, and after the employee has exhausted his or her family medical leave entitlement, the employee is separated from the University and accorded reemployment assistance for a period of two years. See 60.56 and 60.57 regarding family medical leave.
Requested by Employer
The University notifies the employee in writing that WSU may initiate a disability separation if:
- WSU is not able to provide reasonable accommodation to the employee in his or her current position, or
- Placement of the employee in an alternative vacant position is not possible, or
- The University receives medical documentation indicating that the employee is unable to work in any capacity.
Requested by Employee
An employee who is unable to perform the essential functions of their position due to mental, sensory, or physical incapacity may choose not to pursue accommodation and may request to be separated from employment by notifying his or her employer. (WAC 357-26-025) In this case, WSU is not required to consider a reasonable accommodation and may initiate a disability separation in accordance with WAC 357-46-160.
Reemployment Assistance
Employees who are separated due to disability from WSU employment are eligible for reemployment assistance for up to two years following separation. See WAC 357-19-470 for information regarding reemployment services.
Former employees who are able to work at least 50 percent FTE (full-time equivalent) and are interested in seeking reemployment assistance contact Human Resource Services; telephone 509-335-4521; Text/TTY 509-335-0155; or e-mail to:
Reemployment rights of an appointee depend on the terms of her or his appointment.
CONFIDENTIALITY
By law, University medical information is confidential (subject to certain limited exceptions). Such information is maintained separate from the personnel records. Reasonable accommodation medical records for all University employees are retained in HRS, in files separate from personnel or benefits records which are unrelated to reasonable accommodation.
Each department, including HRS, must treat all information regarding the presence or nature of an employee's or applicant's disability as confidential medical records. The department must forward such records to HRS.
See also 90.01, 90.05, and 90.07 regarding confidential records.
Employee Disclosure
Individuals are not required to reveal diagnoses or the details of medical treatments to immediate supervisors or to coworkers. However, some persons voluntarily choose to share this information with others. While someone may voluntarily choose to share some information about his/her condition, supervisors must understand that:
- The information should still be considered confidential; and
- A person who has shared some information at a particular time may later decide that she or he longer wishes to discuss the condition or treatment. Such a decision must be respected.
Employees may be expected to provide medical information to University representatives who have responsibility for assisting with the accommodation process.
Health Care Provider Information
If an employee gives to his or her supervisor written information or requests from his or her health care provider, the supervisor is to immediately forward the documents(s) to HRS.
DISPUTES AND CONCERNS
The University has developed a review procedure for addressing disputes related to requests for reasonable accommodations and other concerns.
Advisory guidelines regarding workplace concern resolution are available from the Human Resource Services (HRS) website, at:
Select HRS Information.
Collective Bargaining Unit Employees
Employees covered by collective bargaining unit agreements follow the procedures outlined in the applicable agreements regarding disputes. Bargaining unit agreements may be viewed from the HRS website at:
Select Labor Relations.
TRAINING
Information concerning reasonable accommodation, the University's policy and procedures, and applicable forms are available through various training sessions, as well as in this section (60.21). See 60.71 regarding training.
Contact Staff
Staff who are designated to be the contacts for job opening and application procedures are given the training and authority necessary to initiate the University's reasonable accommodation process.
DEFINITIONS
Appointees
Appointees are fellows, residents, and graduate student assistants.
Employees
University employees are faculty, administrative professional personnel, civil service and collective bargaining unit staff, temporary employees, and hourly student employees.
Essential functions are the fundamental job duties of the position that the individual with the disability holds or has applied for. The term "essential functions" does not include the marginal functions of the position.
Determining Essential Functions of a Position
The department is obligated to examine each position to determine the position's purpose and essential functions. Appropriate times to examine a position include when:
- Position is established,
- Position becomes vacant,
- Duties are changed,
- Request for a reasonable accommodation is made, or
- Annual review is conducted.
Criteria
The department considers all of the following criteria in identifying the essential functions of a job:
- Is an employee in the position actually required to perform the function?
- Would removing that function fundamentally change the job?
- Was the position established to perform the function?
- Are there a limited number of other employees available to perform the function, or among whom the function can be distributed?
- Is the function highly specialized and is the person in the position hired for special expertise or ability to perform the function?
Equal Employment Opportunity
Equal employment opportunity means an opportunity for a qualified individual with a disability to perform the essential job functions or enjoy the same benefits and privileges of employment available to a similarly-qualified applicant or employee without a disability.
Health Care Professional or Health Care Provider
Health care professional means a person who has completed a course of study and is licensed to practice in a field of health care which includes the diagnoses and assessment of the particular disability or disabilities in question.
Major Life Activity
Major life activities are defined as activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself and working. Impairments that substantially limit major life activities may qualify for reasonable accommodation.
An individual with a minor non-chronic condition of short duration, such as a sprain or the flu, generally would not meet this criteria.
Person with a Disability
Person with a disability means:
- Person with a physical or mental impairment that substantially limits one or more major life activities, in accordance with 42 USC 12102; or
- Person who has a condition that is medically cognizable or diagnosable; exists as a record or history; or is perceived to exist whether or not it exists in fact, in accordance with RCW 49.60 and WAC 162.22.020.
Qualified Individual With a Disability
Qualified individual with a disability means an individual with a disability who meets the skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, is able to perform the essential functions of the job.
Undue hardship means an excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the institution or program.
ADDITIONAL INFORMATION
Selection Criteria
University departments are obligated to ensure that qualification standards, employment tests, or other selection criteria do not screen out or tend to screen out individuals with disabilities unless such criteria are job-related and consistent with business necessity.
University departments are obligated to use employment tests in the most effective manner to measure actual abilities. Tests used must accurately reflect the skills, aptitude, or other factors being measured. Tests used are not to reflect the impaired sensory, manual, or speaking skills of an employee or applicant with a disability (unless those are the skills the test is designed to measure).
Equal Terms, Benefits, Privileges, and Conditions of Employment
The University provides reasonable accommodations in order to enable an employee with a disability to enjoy terms, benefits, privileges, and conditions of employment equal to those enjoyed by a similarly-situated nondisabled employee.
The need for a reasonable accommodation is not to be a factor in the selection of an employee for promotion, training, travel, participation in projects, committees, or any opportunity which may have an impact on the employee's career development.
The University provides reasonable accommodations to enable an employee with a disability to have the opportunity to enjoy all employer-supported social or recreational activities.
Timelines for all activities and opportunities covered under this section must allow adequate opportunity for arranging reasonable accommodations.
APPLICABLE STATUTES, REGULATIONS, AND ORDERS
This policy and procedures are in accordance with Washington Administrative Code 357-26. This policy and procedures supplement relevant personnel policies and collective bargaining agreements and should be read in conjunction with those provisions.
The policy is based on the "State Policy Guidelines on Reasonable Accommodation of Persons with Disabilities Related to State Employment" issued November 1, 1994 by the Washington State Office of Financial Management, which exists under the authority of Executive Order 96-04 and with reference to:
- Americans With Disabilities Act, Title I of 1990 (P.L. 101-336)
- 29 CFR Part 1630
- 28 CFR Part 35
- Rehabilitation Act of 1973 (P.L. 93-11)
- 45 CFR 84
- RCW 49.60
- WAC 162-22
- WAC 357-26
ASSISTANCE
Questions regarding the application of these procedures may be directed to Human Resource Services; telephone 509-335-4521; Text TTY 509-335-0155: or email to:
For further information and resources regarding University accessibility for individuals with disabilities, go to the University's Accessibility website at:
To request this information in an alternate format, contact the Disability Resource Center; telephone 509-335-1566.
See the PDF master forms:
60.21.14: Reasonable Accommodation
Request
60.21.15: Medical Release Statement
for Reasonable Accommodation Request
60.21.16: Health Care Provider
Statement for Reasonable Accommodation Request
Complete and/or print as needed.