The MSU ApproachMAXIMIZING ABILITY with

REASONABLE ACCOMMODATIONS

February 3, 2015

Resource Center for Persons with Disabilities (RCPD)120 Bessey Hall517.884.RCPDrcpd.msu.edu

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Mission

• To lead Michigan State University in maximizing ability and opportunity for full participation by persons with disabilities.

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Our Philosophy on Disabilities and Accessibility

Disabilities need not preclude the achievement of goals and dreams… rather, they mandate a greater level

of creativity, commitment and compensatory techniques.

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RCPD registered employees with disabilities

• Approximately 200 employees• 2% of MSU workforce

• Compare, U.S.:• Estimated 20% of U.S. population has a disability • 3% of U.S. workforce

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32%

25%

11%

9%

9%

6%

5%3%

1%MSU Employees - Disability Representation

Mobility

Chronic Health

Psychiatric

Blindness/Visual Impairment

Deaf/Hard of Hearing

Learning Disability

Brain Injury

Other

Autism Spectrum

5Data effective 2013-2014

Legal requirements under the Americans with Disabilities Act and the Rehabilitation Act:

• Provide reasonable accommodations to students and employees (faculty and staff) who are qualified individuals with disabilities

• Ensure individuals with disabilities have access to activities and services offered by MSU

• Do not discriminate against or harass an individual based on his/her disability

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What is a disability?

• A physical or mental impairment that substantially limits one or more major life activities

• Major life activity examples:• sitting• sleeping• concentrating • major bodily functions, like of the circulatory system

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What is NOT a disability?

• Some temporary impairments may not be covered under the disability acts:• broken limbs that heal normally• sprained joints• appendicitis• seasonal or common influenza

• However, no minimum duration requirement: impairment lasting fewer than six months may be substantially limiting.

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Invisible disabilities

• Keep in mind, the majority of disabilities are invisible; for example:• diabetes• eating disorders• mental illness• chronic pain• cancers• chemical sensitivities• asthma• allergies• brain damage• sleep disorders• HIV• alcoholism

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To be protected, one must be a “qualified” individual with a disability. What is a “qualified” individual with a disability?

• an individual who can perform the essential functions of their job with or without a reasonable accommodation

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What is an accommodation?

• Any modification or adjustment to the academic or work environment that permits the individual to obtain equal employment or educational opportunities

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Some typical accommodations

• Alternative format materials• Assistive technology• Work-site modifications• Real-time captioners • Schedule flexibility• Leave• Use of a job coach• JAN: Job Accommodation Network

(askjan.org)

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Recognizing potential needs

• Indicators that it might be time to refer an employee to FMLA or the RCPD• Personal disclosure• Performance issue• Others report a health or performance issue

• If short term issues see HR for FMLA guidance• If conditions suggest longer term impacts, employee

should be directed to RCPD at http://rcpd.msu.edu

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Interactive Process

Employee

SupervisorRCPD

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MSU Reasonable Accommodation Policy

• Available on the RCPD website: https://www.rcpd.msu.edu/documents

• An RCPD Specialist will review documentation and functional limitations to determine if a condition rises to the level of a disability.

• If the provided documentation validates a disability, the RCPD Specialist partners with employee and supervisor to develop accommodation requests.

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What will RCPD need from you?

• What are the essential job functions of the position? This is a great time to make sure you have current job descriptions!

• Can the employee/applicant perform those functions?

• Suggested types of reasonable accommodations, if any.

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What is an essential function?

Factors:• Written job description (although courts and agencies will

look at the actual work being done)• Time spent performing a function• Consequences of not requiring that an employee perform a

function• Whether the reason the position exists is to perform that

function• Number of other employees available to perform the

function or among whom the performance of the function can be distributed

• Degree of expertise or skill required to perform the function17

What is an unreasonable accommodation?

• One that requires significant financial difficulty• One that is unduly extensive, substantial, or

disruptive• One that would fundamentally alter the nature or

operation of the business• One that compromises essential job functions

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Statement of Employee Accommodation Determination (SEAD)

• RCPD will determine which workplace accommodations (if any) are appropriate for the documented disability.

• The unit will receive a determination letter from RCPD with the details (see sample SEAD form on RCPD website: https://www.rcpd.msu.edu/documents).

• What constitutes a reasonable accommodation will vary, depending on the circumstances of each case. • The preferences of the individual are considered• However, the ultimate decision regarding what type of

accommodation, if any, will be provided is made by the university.

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What should a supervisor do if they believe an accommodation is unreasonable?

• Consult with RCPD promptly• Accommodation(s)indicated on a SEAD

form should be provided in the interim

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Common mistakes by supervisors• Failing to recognize an accommodation request -- #1!• Negotiating directly with the employee, without involving

RCPD (and possibly over or under-accommodating)• Failing to document referral to RCPD• Refusing to comply with a SEAD form, without involving

RCPD• Failing to act promptly• Assuming FMLA is the only option to consider

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Hiring• An employer may not ask disability-related questions

and may not conduct medical examinations until after it makes a conditional job offer.

• An employer may ask whether applicants can perform any or all job functions, including whether applicants can perform job functions with or without a reasonable accommodation.

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Leave

• A leave of absence can be considered a reasonable accommodation (even if FMLA leave has run out)

• A return from leave can require an ADA analysis. An employee does NOT have to be free of restrictions in order to return to his/her job.

• Must consider:• Job restructuring (removing non-essential functions)• Reassignment to a vacant position

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Confidentiality

• All medical documentation related to accommodation requests is maintained by the RCPD

• Such documentation is kept confidential, except as necessary to administer the accommodation process

• Supervisors who receive medical documentation need to redirect it to RCPD

• Supervisors cannot tell other employees information about specific accommodations

• Communications pertaining to accommodation processes should be filed separately from common personnel file

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When a dispute arises

Internal MSU procedures:• RCPD Dispute Resolution Process• Appeal to the office of the ADA Coordinator (The

Office for Inclusion)

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External options

• Michigan Department of Civil Rights• Equal Employment Opportunity Commission• U.S. Department of Education, Office of Civil Rights• Lawsuit

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