Procedure Details
Procedure Title: Reasonable Accommodations for Faculty and Staff
Procedure #: HR.001
Revision #: 001
Unit Responsible: Human Resources
Individual Responsible: Human Resources Director of Total Compensation, Employment, and HR Systems
Effective Date: 11/09/2021
Initial Approval Date: 01/01/2021
Last Review/Update Date: 11/09/2021
Next Review Date: 11/09/2024
*Does this procedure support a Board Policy? Yes
If yes, identify: 4.020-ADA Reasonable Accommodations
Board policies can be found at: LCC Board of Trustees Policy Page
*Does this procedure support HLC criteria? No
If yes, identify: N/A
HLC Criteria can be found at: HLC Accreditation Criteria
*Does this procedure support a State or Federal Regulation? Yes
If yes, identify: Americans with Disabilities Act
*Note: Standard Operating Procedures should be in furtherance of some LCC policy and/or accreditation criteria, even if the relationship is not direct. Assistance in determining this information can be obtained from the Academic Procedure Advisory Committee (APAC) and/or the Accreditation Liaison Officer.
Reasonable Accommodations for Faculty and Staff, BP 4.020
1. Purpose
To provide instruction for accessing accommodations for disabilities for employees of Lansing Community College.
2. Scope
This procedure applies to all employees.
3. Prerequisites
Faculty and staff at Lansing Community College shall follow these three steps to request an accommodation:
- The faculty and staff must identify themselves to the College as a person with a disability,
- The faculty and staff must make a written request for an accommodation from the College, and
- The faculty and staff must provide appropriate documentation of their disability and the need for an accommodation if so requested by the College.
Nothing in this document shall be construed to waive the College’s right to contest whether an employee or applicant is disabled or is entitled to an accommodation.
Employees may self-identify as a person with a disability. Self-identification as a person with a disability alone is not sufficient to obtain an accommodation. Rather, the procedures outlined in these procedures must be followed to request and, if appropriate, obtain an accommodation.
4. Responsibilities
The Human Resources Department maintains records of accommodations made for persons with a disability and is available for consultations with faculty, staff or supervisors who are making assessments of accommodation requests. In cases where a requested accommodation involves action or expenses beyond the supervisor’s authority or in cases in which the faculty, staff and supervisor cannot agree on an accommodation may:
- Assess various accommodations;
- Identify additional alternatives;
- Gather necessary medical/documentation;
- Where appropriate, gather cost or other technical impact information from resources
including:
- The department and/or employee
- Physical Plant Office
- The Office of Risk Management and Legal Services
- The EEOC, Department of Justice, or
- Rehabilitation agencies;
- Evaluate whether any accommodation is needed and, if it is, whether an accommodation is reasonable and should be made (this evaluation may include preparing cost estimates for the institution);
- Recommend a reasonable accommodation, if appropriate;
- Discuss its recommendation with the department/unit;
- Retain appropriate funding for the accepted accommodation, if needed; and/or
- Follow up on approved requests.
5. Procedure
Requests For Accommodation
A person with a disability may or may not need an accommodation. If a faculty or staff member believes that they need an accommodation, they may request an accommodation by completing a Faculty, Staff Request for Accommodation form (Attachment A) and an Employee Medical/Documentation form (Attachment B).
Medical Documentation
At any time during the accommodation request process, the College may ask the faculty or staff member for additional documentation of the disability and of the need for an accommodation. The faculty or staff will be required to provide that documentation.
Confidentiality
Medical/documentation, as well as Faculty and Staff Request for Accommodation forms, will be maintained in a separate, confidential file apart from the main personnel file(s). Such documentation will be kept confidential, except as necessary to administer the accommodation process. Accordingly, such documentation will be shared only with those individuals involved in the accommodation process, on an as needed basis.
Supervisor
When a faculty or staff member approaches their supervisor with a request for accommodation, the supervisor should discuss the need for accommodation with the employee. In addition to discussing the specific accommodation requested by the employee, the supervisor should discuss other possible accommodations and assess the effectiveness each would have in allowing the employee to perform the essential functions of the position.
The faculty or staff and the supervisor should discuss the following issues:
- The essential job functions;
- The faculty or staff’s ability to accomplish essential job functions with or without a reasonable accommodation; and,
- If an accommodation is needed, possible types of reasonable accommodation.
The supervisor should not request information regarding:
- How the employee became a person with a disability, or
- Disabilities that are not related to the essential functions of the employee’s job
The supervisor should make sure the employee has completed the appropriate request and accommodation forms. These forms should be forwarded to the Human Resources Department. The Director of Compensation, Benefits and Systems will review the request with the employee, supervisor, and any other necessary parties. What constitutes a reasonable accommodation will vary depending on the circumstances of each case. In evaluating alternatives for accommodation, the preferences of the employee should be considered, but the ultimate decision regarding what type of accommodation, if any, will be provided is made by the College.
If the accommodation agreed upon by the employee and the supervisor is consistent with the policies of the College and the employee’s department and would involve no, or insignificant, expense (such as limited job redesign, slight schedule changes, or minor equipment costs, etc.), the supervisor may agree to implement the accommodation. If the accommodation is of greater magnitude, complexity or expense, copies of the request will be presented to the Executive Director of Human Resources and other necessary parties for further evaluation. In either situation, the supervisor should forward the original form to the Human Resources Department. These forms will not be maintained in the employee’s personnel file.
If an employee disagrees with the department’s accommodation determination, the employee may appeal the determination to the Executive Director of Human Resources.
Retaliation against an employee or applicant who requests an accommodation is prohibited. Individuals who feel that they have been retaliated against may contact the Human Resources Department.
6. Reference
The Human Resources Department facilitates placement of employees with work restrictions and/or in rehabilitation situations. Such placements may exceed the College’s legal duties under the ADA, the MPDCRA and/or the Rehabilitation Act. In these cases, the nature of the relevant work restrictions is shared with the employing department. The nature of the relevant work restrictions may be shared with employing departments so that appropriate discussions about placement can take place. The College does not guarantee such placements nor does it waive its right to limit its responsibility to accommodate a person with a disability to the duties imposed by the applicable state and federal statutes.
Refer Questions to:
Human Resources Department
Administration Building
Phone: (517) 483-1870
Fax: (517) 483-1883
7. Definitions
EEOC-Equal Employment Opportunity Commission