When a person has been identified as a qualified disabled person and has asked for or has the obvious need for a work accommodation to allow them to do the essential functions of their job, reasonable accommodations are identified and implemented through an interactive process between the Office of People and Culture, the employee with a disability who is seeking accommodation, and the employee’s supervisor.
A supervisor who becomes aware that an employee is a qualified disabled person and has encountered, or is likely to encounter disability-related barriers begins a dialogue with the individual to determine what accommodation, if any, would allow the person to do the essential functions of their job. Depending upon the potential accommodations requested, the supervisor may reach out to the Office of People and Culture and others throughout the university system to explore the requested accommodation and optional accommodations if necessary. Simple accommodations such as reducing the amount of light in a classroom due to long term sensitivity to light (as an example) could be provided by the supervisor without assistance from the Office of People and Culture such as through keeping the blinds down during class. More complicated accommodations may require assistance and collaboration and analysis between the supervisor, employee, safey, and the Office of People and Culture.
Any time any accommodation is made for a qualified disabled person, the supervisor is responsible to communicate the final agreement regarding accommodation to the employee and must also communicate the accommodation and circumstances to the Office of People and Culture so they can document the discussions and agreement for accommodation. The discussion and information should be submitted to the Office of People and Culture in writing (via email) and is then inserted in the employee’s personnel file in a separate health section to ensure it is separated from other general employment documents and documentation.
Employees do not need to specifically request an accommodation if the need for accommodation is obvious. An example would be if someone is in a wheelchair on a long term basis and must access an area of the campus that is not wheelchair accessible. A Supervisor should proactively explore accessibility options with the employee. When the need for an accommodation is not obvious, the employee must bring up and begin a dialogue to determine if they are a qualified disabled person and what accommodation, if any, would allow them to do the essential functions of their job. Supervisors and other staff do not need to be mind readers, but do need to be vigilant when there is an obvious disability present which could create a situation where the employee is a qualified disabled person.
The following process is generally followed:
- Employee seeking accommodation should let their direct supervisor know what disability they suffer from, whether it is likely to last more than 6 months, how it impacts their ability to do the essential functions of their job and what accommodation, if any, would allow them to do the essential functions of their job.
- The supervisor will evaluate and / or bring the issue to the Office of People and Culture to discuss whether the provisions of the ADA apply, how they apply and how to work with the employee if accommodations are a consideration.
- The supervisor should document ALL interactive discussions with the employee even if requests for accommodations change and evolve. A complete history of discussions, evaluations, interactions, counter offers, etc. must be made. This documentation can be directed by the Office of People and Culture, but is the ultimate responsibility of the supervisor since they work with the employee and any accommodations that are made.
- As part of the accommodation process, generally, the employee will need to provide medical documentation of their disability or medical condition in order to initiate an accommodations request.
- The Office of People and Culture, the employee seeking accommodation, and their supervisor will engage in an interactive process to identify the specific disability-related barriers that the individual has encountered, or is likely to encounter, and discuss accommodations that may assist in eliminating or minimizing those barriers.
- Upon determining reasonable accommodations, the supervisor and OPC jointly work together to implement identified accommodations for the employee.
Reevaluate Necessity of Accommodations
If the person continues to be a qualified disabled person and requires continuing accommodation, the Office of People and Culture may send the employee a letter each year, reviewing the accommodations that have been made and asking whether the accommodation is still needed. If an accommodation is still needed, the employee will be responsible to provide updated medical information.*
*NOTE: This will only be done when and if the initial documentation indicated that the disability was temporaryPolicy Statement
Bethel University is committed to diversity, inclusion and nondiscrimination, and supports the employment of qualified individuals with disabilities in its workforce in accordance with federal, state, and local laws and regulations.
Reasonable Accommodations
Bethel has established this policy to evaluate requests for reasonable accommodations from faculty or staff members who may need assistance in performing an essential function(s) their position because of a disability covered under the federal Americans with Disabilities Act (ADA), or other relevant laws/regulations,
An accommodation is any change in the work environment or the way tasks are typically performed that allows an individual with a documented disability to have equal employment opportunities. When employees with disabilities encounter barriers in the workplace, providing reasonable accommodations can help remove those barriers.
• The reasonableness of an accommodation varies depending on the employee’s position, how their disability affects their job performance, and their work environment.
• Reasonable accommodations are determined based on anticipated effectiveness, with some consideration given to cost versus benefit.
• An accommodation is not considered reasonable if it is ineffective, removes essential job functions, creates an undue hardship for the University, or poses a direct threat to the employee or others.
• Lowering standards of conduct or performance expectations is not considered a reasonable accommodation. Employees with disabilities are held to the same job requirements as all other employees.
• The University will not be responsible for providing accommodations needed to meet the personal needs of an individual. Transportation to and from work is the personal responsibility of the employee and is not provided as part of reasonable accommodation.
Employee Eligibility
A qualified individual is a person with a disability who, with or without reasonable accommodation, can perform the essential functions of their job. To qualify, an employee must have an impairment that substantially limits one or more major life activities, or a record of such an impairment, or is regarded as having such an impairment.
• Disabilities encompass a broad spectrum under the law and may not be apparent to others.
• Not all employees with disabilities will require accommodations.
• Each accommodation request is evaluated on a case-by-case basis to determine the necessity of an accommodation for performing essential job functions.
• The primary goal is to assist employees in performing all essential functions of their current position, with or without accommodation.
Making a Request for Workplace Accommodation
Employees with a disability affecting their ability to perform their job, or applicants applying for a job, may request a reasonable accommodation by contacting the Office of People and Culture (OPC) at people-culture@bethel.edu or calling 651-638-6119.
• Supervisors who receive accommodation requests should inform the OPC Business Partner to initiate the interactive accommodation process.
• Employees will be asked to provide written certification from their healthcare provider explaining their need for an accommodation. In addition, OPC will request the employee complete a Request for Reasonable Accommodation Request form to help communicate their accommodation needs.
• Student employees who require workplace accommodations should follow the same process as other University employees.
Interactive Process
Following receipt of an accommodation request, the OPC Business Partner will begin the interactive process to determine the need for the accommodation and discuss reasonable accommodations.
1. The OPC Business Partner will gather information to understand the barriers the employee is experiencing.
2. Options for reasonable accommodations will be explored through interactive communication with the employee, the employee’s supervisor, the OPC Business Partner, and, if applicable, outside resources.
3. Once a reasonable accommodation is identified and agreed upon, the OPC Business Partner will provide the employee and supervisor an approval letter and include the particular accommodations to be provided and the timeline of the accommodation.
4. The supervisor and OPC will work together to implement the identified accommodations. A trial period may be considered to ensure the accommodation’s effectiveness.
5. Employees and supervisors should report any issues with the accommodation after implementation.
6. If an accommodation is deemed unavailable or unreasonable, the employee will be notified in writing and alternative options may be discussed.
7. Accommodations may change due to the needs of the employee or the University. When this occurs, the interactive process will continue.
Please note: Employees are not required to accept an accommodation; however, if an employee needs an accommodation to perform the essential functions of their job and refuses an effective accommodation, they may no longer be qualified to remain in their position.
Denial of Accommodation
The University may deny employment or advancement in employment based on the inability of an individual with a disability to perform the essential functions of the job and may decline to make accommodations if:
1. The individual with a disability, with or without reasonable accommodations, is not qualified to perform the essential functions of that particular job; or
2. Having the individual in the job would create a direct threat because of a significant risk to the health or safety of the individual or others and the risk cannot be eliminated by reasonable accommodation; or
3. The accommodation would impose an undue hardship on the University.
Confidentiality
OPC maintains confidentiality of medical information and such records shall not be released except as required by law.
• An eligible employee's restrictions, limitations, and recommended accommodations may be shared with necessary supervisory staff, but only as a matter of business necessity to ensure proper implementation.
• In cases where disclosing the disability is necessary to implement the accommodation, the employee will be consulted regarding the limited information that may need to be provided to supervisory staff.
For accommodations related to pregnancy, childbirth, or nursing/expressing milk while at work, please see “Pregnancy and Nursing Mothers Accommodation” policy.