Human Resources Manual

Policy No.: 2-4 This policy applies to:
Policy Name: Employees with Disabilities Non-exempt staff
Effective Date: 08/01/04   Exempt staff
Revised: 11/18/15 Faculty

Policy

Loyola University New Orleans is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis.

Pre-employment inquiries are made regarding only an applicant’s ability to perform the essential functions of the position. Reasonable accommodation is available to all disabled employees in situations where their disability affects the performance of job functions. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual.

Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leaves of all types will be available to all employees on an equitable basis.

Loyola University is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. Loyola University will follow any state or local law that provides individuals with disabilities greater protection than the ADA.

This policy is neither exhaustive nor exclusive. Loyola University is committed to taking actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws.  To obtain additional information regarding the University’s commitment to the American’s with Disabilities Act, please visit the Office of General Counsel’s website at http://president.loyno.edu/general-counsel/ada-ensuring-equal-opportunities-people-disabilities.

Definitions

  1. Disability: Under federal law a disability includes a physical or mental impairment that substantially limits one or more of the major life activities of that individual.
  2. Reasonable Accommodation: Reasonable accommodation is any 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 perform the essential job functions or enjoy an equal employment opportunity that does not impose undue burden on the university.

Types of Accommodation

May include but is not limited to:

  1. Restructuring the job by eliminating non-essential functions or exchanging or reassigning job duties.
  2. Providing part-time or modified work schedules.
  3. Acquiring or modifying of equipment or devices.
  4. Providing qualified readers or interpreters.

Factors To Consider

  1. The nature and net cost of the accommodation.
  2. The financial resources involved in the provision of the accommodation as it relates to the overall university.
  3. The impact that the accommodation will have on other employees and on the operations of the university.

Direct Threat

Direct threat is a specific, current, significant risk of substantial harm to the health or safety to others that cannot be removed or reduced by reasonable accommodation. The determination of whether or not the individual poses a direct threat to others will be based on objective medical or factual evidence regarding the individual’s present ability to safely perform essential job functions.

University ADA/Section 504 Coordinators

The University ADA/Section 504 Coordinators for Staff and Faculty are:

Heather Blanchard, HR Representative

hdblanch@loyno.edu

504-864-7896

Rachel Dirmann, Employment Manager

rdirmann@loyno.edu

504-864-7768

Procedure

Employee Responsibilities:

  1. The employee who reports that he/she has a physical or mental disability and needs an accommodation will report to appropriate medical personnel for evaluation of work- related disabilities, limitations, and restrictions. The employee will provide this documentation to his/her department head, and to one of the designated university ADA/Section 504 Coordinators. The university reserves the right to send the employee to a medical provider of the university’s choosing for a second opinion. If a second opinion is requested, that medical visit will be paid for by the University and charged to the department the employee is working in.
  2. Employees who have requested an accommodation will report any changes in their condition, or change in work-related restrictions which may affect their ability to perform essential job functions to their department head within 24 hours of the medical visit. The information must be documented in a written statement prepared by qualified medical personnel.
  3. Employees will comply with restrictions set and/or follow the prescribed course of treatment as recommended by their qualified medical personnel. Failure to comply with such restrictions or treatment recommendations where such failure affects the employee’s performance may be cause for disciplinary action.

University Responsibilities and Procedures

  1. The department head will notify a university ADA/Section 504 Coordinator immediately upon receiving a request for a disability accommodation. The originals of all medical documentation, the employee’s request for an accommodation, and any other documentation pertaining to the request for an accommodation will be forwarded to the Department of Human Resources.
  2. The department head, with the assistance of the university ADA/Section 504 Coordinator, will review the job duties with the employee to determine what the barriers are to performing the essential functions of the job and to solicit possible options for accommodating the employee’s disability.
  3. The university ADA/Section 504 Coordinator will recommend specific modifications in job duties, schedules, or work environment, if any are required, to the appropriate division vice president. The vice president of the affected area must approve such action before implementation takes place.
  4. The department head and university ADA/Section 504 Coordinator will review the specific modified duties, schedule or work environment, if any, to be made. These modifications shall be confirmed in writing, signed by the employee, department head, and university ADA/Section 504 Coordinator. This documentation will be forwarded to the physician to ensure that the modifications will not aggravate the employee’s physical or mental condition.
  5. When the physician’s approval is requested, such approval must be obtained in writing by the employee within two weeks of the request and forwarded to the Human Resources Department for inclusion in the employee’s confidential health and benefits file.

If an Accommodation Cannot Be Made

  1. If no reasonable accommodation exists in the employee’s current position, the employee will be considered for reassignment to vacant lateral positions in the same pay range for which the employee is qualified to perform the essential job functions with or without reasonable accommodation.
  2. If no reasonable accommodations can be identified, or such accommodations would create an undue hardship on the university, or the individual poses a direct threat that cannot be removed or reduced by reasonable accommodation, or there are no vacant lateral transfers available for which the employee is qualified, the employee will be terminated and encouraged to apply in the future for vacancies for which he/she is qualified with or without reasonable accommodation