Employees with Disabilities
|Policy No.:||2-4||This policy applies to:|
|Policy Name:||Employees with Disabilities||
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. ADA accommodations that are reasonable and appropriate are available to the individual to have an equal opportunity to participate in the application process and to be considered for a job, unless doing so would pose an undue hardship. 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 Government & Legal Affairs’ website at president.loyno.edu/government-legal-affairs/ada-ensuring-equal-opportunities-people-disabilities.
- 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.
- 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 an undue burden on the university.
Types of Accommodation
May include but is not limited to:
- Restructuring the job by eliminating non-essential functions or exchanging or reassigning job duties.
- Providing part-time or modified work schedules.
- Acquiring or modifying of equipment or devices.
- Providing qualified readers or interpreters.
Factors To Consider
- The nature and net cost of the accommodation.
- The financial resources involved in the provision of the accommodation as it relates to the overall university.
- The impact that the accommodation will have on other employees and on the operations of the university.
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, Employment Manager
Rachel Dirmann, Director, Human Resource
1. The Employee Request for Reasonable Accommodation Form should be completed by the employee and returned to directly to Human Resources to begin the interactive ADA reasonable accommodation process.
- Any department head or supervisor will notify a university ADA/Section 504 Coordinator immediately upon receiving a request for a disability accommodation. The employee should be notified to contact the Coordinator immediately.
- Any originals or any copies of medical documentation the employee may have given to a department head or supervisor should not be read or reviewed except by the ADA/Section 504 Coordinator including: the employee’s written request for an accommodation, and any other documentation pertaining to the request for an accommodation will be forwarded to the Department of Human Resources.
- No copies shall be kept by a department head or supervisor.
2. The employee will meet with the ADA/Section 504 Coordinator confidentially regarding the process, their requested accommodation, and requirements.
3. The employee will be required to have their medical provider complete a medical information form provided by the University to evaluate work-related disabilities, limitations, and restrictions based on their specific job duties. The employee will provide this documentation to one of the designated university ADA/Section 504 Coordinators.
- Should the documentation from the employee’s medical provider be insufficient, the employee will be notified and should contact their doctor regarding the insufficiency. It is the employee’s responsibility to provide sufficient information to the Coordinator regarding their request.
4. The university ADA/Section 504 Coordinator will facilitate the process in which requests for accommodation are made, review the information provided by the employee’s medical provider to determine if the request qualifies under ADA regulations to be considered for accommodation and the appropriateness of the requested accommodation.
- The Coordinator will discuss the requested accommodation only with those University personnel that are required to determine the necessity of an accommodation and the appropriateness of an accommodation.
- The Coordinator and the department head will discuss the job duties and the appropriateness of an accommodation the employee has requested during this process.
- Discussion will not include the nature of the impairment or details of the impairment when it may not be visually noticeable.
5. 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.
- The university ADA/Section 504 Coordinator may recommend specific modifications in job duties, schedules, or work environment, if any are required, to the appropriate division vice president, if necessary. Budgetary costs associated with an accommodation are paid by the requesting employee’s department.
- 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 Human Resources within 24 hours of the medical visit. The information must be documented in a written statement prepared by qualified medical personnel.
- Should an employee’s job performance be affected by their choice not to follow medical restrictions or treatments, progressive disciplinary action and other management policies may be utilized.
If an Accommodation Cannot Be Made
- 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.
- 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 subject to termination and encouraged to apply in the future for vacancies for which he/she is qualified with or without reasonable accommodation