CALIFORNIA STATE UNIVERSITY, SACRAMENTO
DISABILITY ACCOMMODATION PROCEDURE
FOR CURRENT EMPLOYEES
I. INFORMAL PROCEDURE TO REQUEST ACCOMMODATIONS
Any employee who needs a modified work environment as the result of a temporary or permanent medical condition is encouraged to arrange modifications on an informal basis. Employees or supervisors, department chair, or program director in the department or unit may initiate an informal work environment modification. Under the informal procedure, it is not necessary to make a determination of the employee's disability status.
II. FORMAL PROCEDURE TO REQUEST ACCOMMODATIONS
The formal procedure to request accommodation shall be used to resolve accommodation issues after informal procedures have been exhausted. An employee may also begin procedures at this point without using any informal procedures. The Office of Human Resources (HR) will assist in identifying reasonable accommodations.
Employees will be informed about their right to request reasonable accommodations for disabilities. All formal requests for reasonable accommodations must be in writing using the Disability Accommodation Request Form. Supervisors receiving formal requests for accommodations shall direct employees to submit their request in writing using this form.
HR is the only office authorized to determine whether an employee is disabled, under the definition of the ADA and related federal and state laws.
III. PROCESS FOR FORMAL REQUESTS
1. An employee formally requesting an accommodation completes the Disability Accommodation Request Form (attached) and gives it to his or her supervisor, who will then forward the form to the program center manager for a decision. Before making an initial decision to honor or deny the request, the program center manager shall 1) consult with HR; and, 2) discuss the request with the employee.
The employee may consult with HR at any time.
2. If the accommodation request involves issues or expenses that are significant, HR shall assist the employing unit in obtaining additional relevant information. This may include, but is not limited to, the following:
i. Meeting with the employee and the supervisor to obtain additional information concerning the request.
ii. Consulting with the supervisor and appropriate department, division, or campus personnel staff concerning the essential functions of the job.
iii. With the employee's written permission, consulting with any medical or rehabilitation specialists who may be working with the individual.
NOTE: All medical information obtained throughout the determination process is considered "confidential," and must be solicited and received by HR, who will provide only information about necessary restrictions and accommodations to managers and supervisors. HR will keep all medical information and the completed Disability Accommodation Request Form in a confidential records file, separate from personnel records.
3. The program center manager shall inform the employee in writing of the initial decision regarding the request, normally within 20 working days, using the Disability Accommodation Request Form. If more time is needed, the program center manager will inform the employee.
4. Generally, equipment will be purchased only if it is determined that the use of the equipment is necessary in transaction of the official business of the University. The equipment remains the property of the University. The equipment may not be of a personal nature (for example, eyeglasses, hearing aids) which the employee can reasonably be expected to provide.
5. Should a requested accommodation involve physical barriers, requiring general facilities modification, Facilities Management, along with HR, and others as appropriate, will review the request. If it is deemed reasonable, the request will be processed through the normal procedures.
6. The employee will always be consulted when determining the most appropriate accommodation. Employees will be given an opportunity to provide or arrange for their own accommodations; for example, using a volunteer or providing their own adaptive equipment.
However, the procedures in these policies and guidelines must be followed (written request, approval, etc.) even if employees provide or arrange for their own accommodations. This provides documentation of accommodations and ensures that the accommodations are not disruptive to the workplace. If the program center manager is concerned about possible workplace disruptions when the employee provides his or her own accommodations, HR should be contacted.
7. After accommodations are provided, the employee and his or her supervisor shall evaluate the effectiveness of the accommodation. Upon request by the employee or the supervisor, HR may participate in this process. If modifications to the accommodation are needed, they should be requested using the procedures outlined in this policy.
8. When an accommodation request is denied, the program center manager shall attach a copy of the Appeal Process, described in Part V of this policy, to the copy of the response sent to the employee.
Financial responsibility for providing reasonable accommodations (other than physical barrier removal projects) belongs to the program center.
V. THE APPEAL PROCESS
1. If an employee disagrees with the initial decision regarding an accommodation request, the employee has a right to appeal using the following procedure.
2. An appeal stating the reasons for the disagreement must be filed in writing with the Director of Equal Opportunity/Affirmative Action (EO/AA) within 30 calendar days of the date of the initial decision as shown on the Employee Disability Accommodation Request Form. The Director of EO/AA will reevaluate the initial decision and consider any additional information or statements supplied by the employee, as well as additional pertinent information.
3. The Director of EO/AA shall notify the employee in writing of the final decision regarding the accommodation request normally within 30 calendar days after the appeal was filed. Copies of this notification shall be sent to the program center manager. If a final decision cannot be reached within 30 calendar days, the Director of EO/AA will inform the employee, the department or unit, and the program center manager. This is the final internal appeal process for disagreements regarding accommodation requests.
Retaliation against an employee for filing a disability accommodation request, or for filing a complaint or an appeal with the Office of EO/AA, is prohibited.
VII. OTHER COMPLAINTS
Nothing in this policy should be construed to impede or prohibit a timely filing of an ADA or discrimination complaint with the appropriate external government agency (Federal Equal Employment Opportunity Commission, etc).