Last Updated: April 14, 2010
Responsible University Office: University Human Resources
Responsible University Administrator: Senior Vice President and Chief Financial Officer
Policy Contact: University Human Resources
This policy applies to all Staff and Hourly employees at IU and applicants of Staff positions. Areas of employment addressed by this policy include the following:
- The performance of the essential functions of a position currently held by an employee or one being sought by a qualified employee or applicant
- The application and selection process in which employees and applicants participate
- Equal access to employee benefits and employment privileges such as training, facilities and university-sponsored events
- The Americans with Disabilities Act (ADA), the Indiana Civil Rights Act, and Indiana University policy prohibit discrimination in employment against qualified individuals with disabilities.
- Indiana University is committed to ensuring equal employment opportunities for qualified persons with disabilities. The university will provide reasonable accommodations to employees and applicants for IU positions protected by the ADA by making changes in the work environment or by changing certain practices and procedures—as long as these changes do not pose an undue hardship on the university or alter the essential functions of the job.
- Employees must maintain institutional standards of performance, attendance, and conduct as specified by the department or unit.
- All medical information related to an individual's request for accommodation is confidential and should be maintained in the campus human resources office except for IUPUI where it is maintained in the Occupational Health Services office.
- Funding for accommodations will be handled in the same fashion as any other departmental expenditure. If the unit has insufficient funds, it must seek additional funding through its regular administrative resources.
- Appeals: An individual who believes the university has not met its obligations under the ADA should contact the campus Affirmative Action office.
- Procedure for requesting an accommodation to perform the essential functions of a position, for all campuses except IUPUI (see below for IUPUI): This may be for the person's current position or a position for which the person is applying.
- To receive an accommodation under the ADA, employees and applicants must file an application with the campus human resources office. The Reasonable Accommodation Request and Documentation form is available for this purpose. Employees are permitted to make the request on university time, but they must first request release time from their supervisor. Employees may be accompanied by a union representative or other appointed employee when they meet with the campus human resources office.
During the initial meeting with the campus human resources office, two things will be accomplished:
- The campus human resources office will determine what documentation from a licensed professional is needed to support the employee's request for accommodation.
- The responsibilities of the university and the employee will be clarified.
- After reviewing the documentation and the facts of each request, the campus human resources office will determine if the employee is eligible for accommodations under the ADA.
- The campus human resources office will review the marginal and essential functions of the job, the functional limitations of the disability, and the reasonableness of an accommodation. It will then facilitate a discussion with the supervisor/unit head/dean and the employee to determine what accommodations may be reasonable.
- The campus human resources office may seek advice from third-party experts when necessary. Only the campus human resources office will retain medical documentation which will be kept in a separate confidential file and will only share medical information on a need-to-know basis. Supervisors will be informed of the functional limitations and the accommodation.
- It is the responsibility of the campus human resources office to determine the reasonable accommodation in a particular case after reviewing all the facts and will outline the process for providing the accommodation verbally and in writing to the employee and the department.
- The employee is responsible for contacting the campus human resources office if reasonable accommodations are not implemented in an effective and timely manner or if the accommodations are not working. The campus human resources office will work with the employee and the department to resolve disagreements regarding recommended accommodations.
Should the campus human resources office determine the person with the disability cannot be reasonably accommodated, then:
- An employee seeking an accommodation in a current position will be placed on the layoff list and be considered for placement into vacant positions in accordance with the Reduction in Force policy procedures for filing vacancies.
- Any applicant seeking an accommodation for a position—including an employee applying for a position—will be encouraged to continue to seek other employment opportunities with the university.
- Requesting an accommodation to participate in the selection process or to participate in employment-related university programs
- A person with a disability, whether an employee or applicant, who needs an accommodation to participate in a selection process (such as a test or an interview) for a university position, must contact the department or unit that is administering the selection process to request an accommodation.
- An employee who meets the definition of a person with a disability who needs an accommodation to participate in an employment-related university program, event, or benefit, must contact the department or unit that is sponsoring or holding the program to request an accommodation.
- The request for accommodation must come in a timely manner to allow the department or unit to respond to the request.
- The department or unit that receives a request for an accommodation may contact the campus human resources office for assistance in determining if the individual is a person with a disability as defined by the ADA and, if so, for assistance in making a reasonable accommodation.
- The department or unit will document all requests for accommodations, responses to the requests, and forward any medical records to the campus human resources office.
- Procedure for IUPUI: Qualified individuals with a disability should contact the IUPUI Office of Equal Opportunity to discuss their needs and the disability accommodations procedures. The Disability Accommodation Request Form is available to formally document a request for an accommodation.
The Americans with Disabilities Act (ADA) defines a person with a disability as an individual who meets one of the following criteria:
- Has a physical or mental impairment that limits one or more major life activities (examples are walking, speaking, seeing, hearing, and performing manual tasks)
- Has a physical impairment that effects the operation of bodily functions, such as immune functions, endocrine functions, normal cell growth, controlling one’s body products, etc.
- Has a record of one or more of the above impairments
- Is regarded as having such an impairment
- A qualified person with a disability is someone with a disability who meets the necessary skill, work experience, education, training, licensing or certification, or other job-related requirements of a position.
Managers, supervisors, and employees who violate this policy are subject to disciplinary action, up to and including termination.
Disability Accommodation Request Form (IUPUI only)