Department of Human Resources

Employment Accommodations for University Employees

Adopted: March 1994

Employees with a disability, prolonged illness, or injury may receive the following assistance:

1. Assess essential functions of the employee's position. This includes job responsibilities, which the employee may not be able to perform due to a disabling condition.

2. Obtain appropriate medical information to identify functional restrictions. Medical records of this type require a signature from the employee on a Release of Information form. If an employee refuses to sign a release form, this is documented in their records. Employees will be advised that accommodations may not be made without appropriate
documentation.

3. Assist in communication between the physician, the department supervisor or manager, and the union steward as appropriate. Documentation is received from the supervisor identifying essential functions. This documentation with a copy of the job description is submitted to the medical provider to obtain functional restrictions.

4. Functional restrictions are crossed with essential functions of the job to determine the feasibility of accommodations. Decisions are made regarding each essential function and the ability of the employee to perform the tasks with or without an accommodation.

5. Accommodations that are reasonable and appropriate will be facilitated.

6. If accommodations cannot be made, the current position openings within the department are reviewed. If qualifications of the position match those of the employee, and restrictions do not conflict, an interview is arranged. A department supervisor is not obligated to hire the individual if they are not the most qualified.

7. If another position is not available in the same department, the University will assist the employee in obtaining a different position within the University. This process is facilitated through the UMD Department of Human Resources. Openings are identified and interviews organized by appropriate individuals. When an employee with a disability and one other candidate are both qualified for the position, preference shall be given to the employee with the disability to provide the accommodation.

8. If no accommodation can be made, the employee is released.

REGISTRATION FORM

*The information requested with an asterisk is private data under the Minnesota Government Data Practices Act, Chapter 13. It is requested to assist the University in responding to your request for a reasonable accommodation. You are not obligated to provide this information. If you do not provide it, however, the University will be unable to respond to your request for a reasonable accommodation.

Click here for RELEASE OF EMPLOYEE INFORMATION form

DISABILITY INFORMATION

Section 504 of the Rehabilitation Act and the Americans With Disabilities Act (ADA) prohibits discrimination based on disability in any program, service, or activity. The laws have had a profound effect on higher education, challenging colleges and universities to make adjustments on their campuses. Each disability may require different accommodations.

While some conditions are readily apparent, others are hidden because they are not always visible to an observer. The major categories are:

Mobility Impairments

Paraplegia, quadriplegia, amputation, and other mobility impairments are caused by such conditions as cerebral palsy, multiple sclerosis, arthritis, or by injury. Depending on the severity of the disability, individuals may have limitations in stamina, manual dexterity, speech, or ability to stand.

Visual Impairments

Visual impairments may range from a slight visual loss to total blindness
(only 2% of the visually impaired population is totally blind). Some
people can read using large print or a magnifier. Others need readers and
textbooks on tape, while others may use braille materials.

Hearing Impairments

There is a great range in hearing loss. Many people can use hearing aids and hear sufficiently for classes, work, and social situations. Individuals with a greater hearing loss may rely on lip reading (which is 55% correct at best) or on a sign language interpreter. Some people can make use of specialized amplification devices for PA systems.

Learning Disabilities

A learning disability affects the manner in which individuals take in information, retain it, and express the knowledge they possess. Learning disabled people have normal intelligence and exhibit a discrepancy between ability and achievement. This discrepancy is not related to visual, hearing, or motor disabilities, mental retardation, emotional disturbance, or environmental, cultural, or economic disadvantages. The most serious and common deficits for people with learning disabilities are in reading comprehension, spelling, mechanics or writing, math computation, and/or problem solving. Less frequent, but no less troublesome, are problems in organizational skills, time management, and social interpersonal skills.

Systemic Conditions

Epilepsy, diabetes, asthma, cancer, and chemical dependency are conditions that can cause difficulties with medication, stamina, and absences. Individuals with these invisible disabilities may be reluctant to disclose their condition for fear of negative stereotyping and/or disbelief.

Psychiatric Disabilities

Psychiatric disabilities refer to conditions such as bipolar disorder, depression, personality disorders, schizophrenia, etc. As with the systemic conditions, individuals may not choose to disclose the disability because of the stigmatization involved.

Head Injuries

Individuals who have survived head injuries are a new group seeking reasonable accommodations for work and education. Cognition and behavior may be altered as a result of virtually all forms of head injury, including those which seem minor at the time. The head injury may affect one or more of the following areas: speed of thinking, memory, communication, motor, sensory, physical and psychosocial abilities. There is great variation in the possible effects of a head injury on an individual.

Common Accommodations

The following is a list of common accommodations. It is not meant to be exhaustive; individual needs cause requirements to vary from situation to situation. The purpose of an accommodation is to remove barriers caused by inaccessible environments, allowing people with disabilities an equal opportunity to demonstrate their competency. Ideally, accommodations are mutually negotiated, flexible, and agreed upon in advance.

Adaptive computers/equipment
Alternate print formats
Office/classroom relocation
Course/job modifications or restructuring
Modified work stations
Leaves of absence
Library/laboratory assistants
Natural supports
Notetakers/scribes
Parking
Sign language interpreters
Testing modifications (time extension, quiet space, alternate format)

DISABILITY INFORMATION -- APPLICATION AND SELECTION

Pre-Employment Inquiries

The ADA prohibits any pre-employment inquiries about a disability. This prohibition is necessary to assure that qualified candidates are not screened out because of their disability before their actual ability to do a job is evaluated.

The prohibition on pre-employment inquiries about disability does not prevent an employer from obtaining necessary information regarding an applicant's qualifications, including medical information necessary to assess qualification and assure health and safety on the job.

Before making a job offer, an employer may ask questions about an applicant's ability to perform specific job functions; may not make an inquiry about a disability; may make a job offer that is conditional on satisfactory results of a post-offer medical examination or inquiry.

After making a conditional job offer and before an individual starts work, an employer may conduct a medical examination or ask health-related questions, providing that all candidates who receive a conditional job offer in the same job category are required to take the same examination and/or respond to the same inquiries.

Job Application Forms

A review of job application forms should be a priority before the ADA's effective date, to eliminate any questions related to disability.

Federal contractors and subcontractors who are covered by the affirmative action requirements of Section 503 of the Rehabilitation Act may invite individuals with disabilities to identify themselves on a job application form, or by other pre-employment inquiry, to satisfy the affirmative action requirements of Section 503 of the Rehabilitation Act. A pre-employment inquiry about a disability also is permissible if it is required or necessitated by other Federal laws or regulations (i.e., U.S. Department of Labor).

An employer may ask questions to determine whether an applicant can perform specific job functions. The questions should focus on the applicant's ability to perform the job, not on a disability.

Employers have an obligation to make reasonable accommodations to enable an applicant with a disability to apply for a job.

Interviews

The basic requirements regarding pre-employment inquiries and the types of questions that are prohibited on job application forms apply to the job interview as well.

The job interview should focus on the ability of an applicant to perform the job, not on disability.

The interviewer may describe or demonstrate the specific functions and tasks of the job and ask whether an applicant can perform these functions with or without reasonable accommodation, if this is required of everyone applying for a job in this job category, regardless of disability. If an applicant has a known disability that would appear to interfere with or prevent performance of a job-related function, s/he may be asked to describe or demonstrate how this function would be performed, even if other applicants do not have to do so.

Questions may be asked regarding ability to perform all job functions, not merely those that are essential to the job.

Where an applicant has a visible disability or has volunteered information about a disability, the interviewer may not ask questions about the nature of the disability, the severity of the disability, the condition causing the disability, any prognosis or expectation regarding the condition or disability, or whether the individual will need treatment or special leave because of the disability.

An interviewer may not ask whether an applicant will need or request leave for medical treatment or for other reasons related to a disability. The interviewer may provide information on the employer's work hours, leave policies, and any special attendance needs of the job, and ask if the applicant can meet these requirements.

The employer must provide an accommodation, if needed, to enable an applicant to have equal opportunity in the interview process. The employer may find it helpful to state in an initial job notice, and/or on the job application form, that applicants who need accommodation for an interview should request this in advance.

Reference Checks

Before making a conditional job offer, an employer may not request any information about a job applicant from a previous employer, family member, or other source that it may not itself request of the job applicant.

Before making a conditional offer of employment, an employer may not ask previous employers or other sources about an applicant's disability, illness, and/or workers' compensation history.

A previous employer may be asked about job functions and tasks performed by the applicant, quality and quantity of work performed, how functions were performed, attendance records, and/or other job-related issues that do not relate to disability.

If an applicant has a known disability and has indicated that s/he could perform a job with a reasonable accommodation, a previous employer may be asked about accommodations made by that employer.

Medical Examinations and Inquiries

An employer may not require a job applicant to take a medical examination, to respond to medical inquiries, or to provide information about workers' compensation claims before the employer makes a job offer.

An employer may condition a job offer on the satisfactory result of a post-offer medical examination or medical inquiry if this is required of all entering employees in the same job category.

If an individual is not hired because a post-offer medical examination or inquiry reveals a disability, the reason(s) for not hiring must be related and necessary for the business. The employer also must show that no reasonable accommodation was available that would enable this individual to perform the essential job functions or that accommodation would impose an undue hardship.

A post-offer medical examination may disqualify an individual who would pose a "direct threat" to health or safety. Such a disqualification is job-related and consistent with business necessity.

A post-offer medical examination may not disqualify an individual with a disability who is currently able to perform essential job functions because of speculation that the disability may cause a risk of future injury.

After a person starts work, a medical examination or inquiry of an employee must be job-related and necessary for the business.

Information from all medical examinations and inquiries must be kept apart from general personnel files as a separate, confidential medical record, available only under limited conditions.

Tests for illegal use of drugs are not medical examinations under the ADA and are not subject to the restrictions on such examinations.