ADA Reasonable Accommodation

Definition:CSUSM shall upon request, strive to provide reasonable accommodation to an employee or applicant for employment with a disability or medical condition, to perform the essential functions of their jobs. Reasonable accommodation is determined by the CSU following its receipt for an individuals' request for accommodation and engagement in an interactive process with the individual to identify the appropriate reasonable accommodation given the nature and extent of the individual's disability or medical condition.
Authority:Section 503 and 504 of the Rehabilitation Act of 1973 as amended, Title I and II of the Americans with Disabilities Act, Department of Fair Employment and Housing, State and Federal law, and California State University Executive Orders.
Scope:All employees and applicants.
Responsible Division:Finance & Administrative Services
Approval Date:05/19/2011
Implementation Date:05/19/2011
Originally Implemented:01/24/2000
Signature Page/PDF:View Signatures for ADA Reasonable Accommodation Policy


Procedure

In accordance with CSU Executive Order 883, and state and federal law, CSUSM shall upon request, strive to provide reasonable accommodation to an employee or applicant for employment with a disability or medical condition, to perform the essential functions of their jobs. Reasonable accommodation is determined by the CSU following its receipt of an individuals' request for accommodation and engagement in an interactive process with the individual to identify the appropriate reasonable accommodation given the nature and extent of the individual's disability or medical condition.

The following is the procedure to be followed by applicants or employees who are requesting a reasonable accommodation:

Applicants for Employment

  1. Applicants for non-faculty positions who require an accommodation during the application process should contact the Department of Human Resources and Equal Opportunity.
  2. Applicants for faculty positions who require an accommodation during the application process should contact the Office of Academic Resources.

Current employees

  1. A current employee, who is requesting an accommodation for a disability, as defined by the California Fair Employment and Housing Act (FEHA), should contact a Human Resources Manager in Human Resources and Equal Opportunity.
  2. The assigned Human Resources Manager will assist the employee and coordinate with their appropriate administrator during the accommodation request process.

Steps in the Accommodation Process

  1. The Human Resources Manager will obtain a copy of the employee's job description, which lists the essential job functions of their position, and any other information relevant to the interactive process.
  2. The Human Resources Manager will provide the employee with a copy of their job description, a letter addressed to the employee's physician, and a Disability Verification form.
  3. The employee will be requyired to take these documents to their physician and ask the physician to complete the Disability Verification Form.
  4. The physician provides information on the Disability Verification Form regarding the nature of the employee's disability or medical condition, and returns the form to HREO. The form is maintained in a confidential file in HREO, separate from the applicant's or employee's personnel file, since it contains confidential medical information.
  5. The employee completes an Accommodation Request Form which lists the accommodation he/she is seeking.
  6. Upon receipt of the Accommodation Request Form and Disability Verification Request Form, the Human Resources Manager will review the determine whether the employee has a disability as defined by the FEHA. The Human Resources Manager may consult with University Counsel in making this determination.
  7. The Human Resources meets with the employee, either in person or by phone, to advise him/her of the results of the review and, if the employee has been determined to have a disability or medical condition, to begin an interactive discussion.
  8. An Interactive Discussion is held with the employee to identify the nature and extent of the individual's restrictions and the appropriate reasonable accommodation. The process involves determining the essential functions of the person's position, and consulting with the accommodations that may enable the employee to perform the essential duties of his/her job; and assessing the effectiveness of the accommodations. the discussion is to be interactive, requiring active participation by both University personnel and the employee. It is the obligation of the employee to understand his or her own condition and restrictions well enough to engage in this discussion.
  9. The University will consider any requests or preferences stated by the employee, but the University has the ultimate discretion to select the appropriate accommodation based on costs, convenience and business justification. It is the strong preference of the University to provide an accommodation that permits the employee to remain in the current position, rather than a transfer or reassignment.
  10. In addition to the employee and the Human Resources Manager, the appropriate administrator is involved in the interactive process. The Associate Vice President for Academic Resources many also be involved in the interactive process if the accommodation request is from the faculty member.
  11. The Human Resources Manager notifies the employee of the accommodation that will be provided. A copy of the documentation is maintained in a confidential accommodation file in HREO.
  12. If an employee requests a different or additional accommodation in the future, he/she should contact the Human Resources Manager to begin the duscussions again.
  13. All records related to an employee or applicant's accommodation are maintained in a confidential file in Human Resources and Equal Opportunity to be kept separately from the personnel file.
  14. Denial of an accommodation will be communicated to the employee or applicant in written form, stating the specific reason for the denial.

Appeals

Employees and applicants may seek reconsideration and/or redress through one or more of the following methods:

  • Existing collective bargaining agreements.
  • CSU Executive Order 928 (Systematic Complaint Procedure for Discrimination, Harassment and Retaliation Complaints for Employees Not Eligible to File a Complaint or Grievance Under a Collective Bargaining Agreement or Whose Collective Bargaining Agreement Incorporates CSU Systemwide Complain Procedure)
  • California Department of Fair Employment and Housing (DFEH)
  • Equal Employment Opportunity Commission (EEOC)