Reasonable Accommodation to Enhance The Employability And Retention Of Persons With Disabilities

PURPOSE:

To assist in the implementation of the reasonable accommodation provisions as required by law and the University’s Affirmative Action Plan. This policy is designed to assist in making reasonable accommodations within the meaning of the law as it relates to applicants with disabilities, and employees who acquire disabilities which may impair their ability to perform essential job duties.

APPLICABLE LAWS:

The Americans with Disabilities Act; West Virginia Human Rights Act; Federal Rehabilitation Act of 1973.

REASONABLE ACCOMMODATION:

"Reasonable accommodation" means alterations in the job, workplace and/or term of employment and other measures which will allow an otherwise qualified individual to perform the essential duties of a job successfully.

The University continues its commitment to reasonable accommodation for individuals with disabilities based upon medical assessment of the person’s capabilities to perform the essential job requirements.

However, if reasonable accommodation is not possible within the provisions of the law for his/her position, the University will consider the individual for referral to other positions within the University for which he/she applies and may otherwise qualify.

DEFINITION OF "HANDICAPPED":

"Handicapped person" means any person who (1) has a physical or mental impairment which substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment.

With reference to the reasonable accommodation policy, "disabled" will be interchangeable with "handicapped."

TYPES OF REASONABLE ACCOMMODATION:

A general determinant of reasonable accommodation is whether an undue hardship is imposed upon the University. Factors for evaluation of hardship include:

1. The overall size of the University's program with respect to the number of employees, the number and type of facilities, and the size of the budget.
2. The nature of the University's operation, including the composition and structure of the workforce.
3. The nature and cost of the required accommodation.

Under State and Federal laws, reasonable accommodation provisions constitute one or more of the following adjustments:

1. Acquisition or modification of equipment to be used by the individual.
2. Changes in the physical layout of the job to eliminate or reduce physical barriers.
3. Elimination of nonessential duties, or otherwise restructuring the job.
4. Modification of the work schedule.
5. Modification of the method for administering employment testing, such as reading questions to the blind.

PHILOSOPHY:

West Virginia University reaffirms its commitment to emphasize respect for the individual and recognizes that a person with functional impairments may wish to maintain as normal life style as possible, as long as medical capabilities permit.

To this end, the University will analyze and respond to each medical situation on a case-by-case basis using the most current evidence available.

AUTHORITY:

The University will follow applicable Federal and State guidelines and statutes as they relate to reasonable accommodation of individuals with disabilities and their capabilities to perform essential job duties.

REASON ABLE ACCOMMODATION REVIEW PROCESS:

Investigation into reasonable accommodation options for persons with disabilities will involve initial input by, but not limited to, the Director for Human Resources, the Medical Management Unit of the Division of Human Resources, a University Health Service physician and/or the individual's physician, the unit supervisor and the individual.

A thorough review of the pertinent employability information including, but not limited to, the medical history, position description, and a functional capability report will be conducted. Resulting proposed accommodations will be reviewed and authorized by the Director for Human Resources and the University's Executive Officer and General Counsel as needed, prior to implementation.

CONTINUATION OF WORK:

As long as an employee maintains adequate performance of essential job duties, and the medical evidence indicates there is no health or safety risk to the employee, other employees or the public, the University will attempt to provide an environment that will allow the employee to continue working.

CONFIDENTIALITY:

The University respects the confidentiality of an individual's medical condition and will make an effort to ensure that the condition of the person will remain confidential, unless the individual requests that the information regarding his/her medical condition be released to others.

Background material and legal basis may be found in the University's Affirmative Action Plan. Medical examination services are further explained in the WVU Employee Handbook.

ADDITIONAL INFORMATION:

Additional information or questions regarding accommodations can be obtained by contacting the Medical Management Unit in the Division of Human Resources at 293-5700 x8.

EFFECTIVE DATE: August 1, 1999

WVU POLICY REFERENCE: http://www.wvu.edu/~adminfin/policies/hr_policies/WVU-HR-37.html