Policy on ADA Reasonable Accommodations for Employees, Applicants and Visitors

Title

University of North Carolina at Chapel Hill Policy on ADA Reasonable Accommodations for Employees, Applicants and Visitors

Introduction

Purpose

To demonstrate the University's commitment to and process for complying with the Americans with Disabilities Act (ADA), ADA Amendments Act of 2008 (ADAAA).

Scope of Applicability

All University employees are covered individuals under this policy. Additionally, applicants for employment are covered while they are participating in the application process. Visitors to campus or those participating in University sponsored events are also covered.

Policy

Policy Statement

The University of North Carolina at Chapel Hill (University) is committed to equal opportunity in all aspects of employment for qualified individuals with a disability. In accordance with the Americans with Disabilities Act (ADA), ADA Amendments Act of 2008 (ADAAA), and other federal and state law, and consistent with the University's Policy on Prohibited Discrimination, Harassment and Related Misconduct (PPDHRM), it is the policy of the University to provide reasonable accommodations in employment to any Qualified Individual with a Disability. The University is not required to make an accommodation that would impose an Undue Hardship on the operation of the University's business or would change the Essential Functions of an Employee's position. The University prohibits retaliation against an individual who requests an accommodation in good faith.

Definitions

Disability - The term "Disability" means, with respect to an individual:

1. a physical or mental impairment that substantially limits one or more Major Life Activities of such individual;
2. a record of such an impairment;
3. being Regarded as Having such an Impairment; or
4. an impairment that is episodic or in remission if it substantially limits a Major Life Activity when it is active.

Employee - Individuals employed by the University including faculty members, EHRA non-faculty employees, SHRA employees, graduate, professional and doctoral students, post-doctoral scholars, and student employees.

Essential Function(s) - the fundamental duties of the position or the primary reasons the position exists.

The University is not required to eliminate an Essential Function from the position, or to lower quality or performance standards to make an accommodation, as long as those standards are applied uniformly to employees with or without a Disability. The University is not required to create a new position to accommodate an employee. The University makes a determination as to whether a job function is "essential" on a case-by-case basis. Some of the factors used in determining whether a job function is essential are:

1. whether the reason the position exists is to perform that function;
2. the number of other employees available to perform the function or among whom the performance of the function can be distributed; and
3. the degree of expertise or skill required to perform the function.

Has a Record of an Impairment - An individual has a record of an impairment if that individual has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more Major Life Activities.

Major Life Activities -

1. In General - major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
2. Major Bodily Functions - a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Qualified Individual with a Disability - An employee or applicant for employment who, with or without a Reasonable Accommodation can perform the Essential Functions of the position.

Reasonable Accommodation - A modification or adjustment to a position, an employment practice, or the work environment that makes it possible for a Qualified Individual with a Disability to perform the Essential Functions of the position.

Reasonable Accommodations may include, but are not limited to:

• Making existing facilities readily accessible to and usable by persons with disabilities;
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters;
• Making a website or digital information accessible; or
• Allowing leave as an accommodation.

The University is not obligated to and will not provide personal use items needed in accomplishing daily activities (e.g. eyeglasses, hearing aids, prosthetic limbs, or a wheelchair).

Regarded as Having such an Impairment - An individual is Regarded as Having such an Impairment if the individual establishes that he or she has been subjected to an action prohibited by the ADA because of an actual or perceived physical or mental impairment, whether or not the impairment substantially limits or is perceived to substantially limit a Major Life Activity.

When determining if a condition is a Disability under this Policy, the University will not take into consideration any "mitigating measures" such as prescription drugs, medical equipment, prosthetics or other remedies, beyond ordinary eyeglasses or contact lenses.

Substantially Limiting - An impairment is a Disability under this Policy if it substantially limits the ability of an individual to perform a Major Life Activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a Major Life Activity in order to be considered substantially limiting.

Undue Hardship - An accommodation or action requiring significant difficulty or expense when considered in light of factors such as the University's size, financial resources, and the nature and structure of its operation. Undue Hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.

Related Requirements

External Regulations and Consequences

• Americans with Disabilities Act of 1990 and ADA Amendments Act of 2008, 42 U.S.C. § 12101 et. seq.
• Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, 29 C.F.R. Part 1630
• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et. seq., and implementing regulations
• Section 503 of the Rehabilitation Act of 1973, 29 U.S.C. § 793, and implementing regulations
• Persons With Disabilities Protection Act - Chapter 168A - North Carolina General Assembly
• NC Office of State Human Resources - Reasonable Accommodation Policy

University Policies, Standards, and Procedures

• Standard on ADA Reasonable Accommodations for Employees, Applicants and Visitors
• Procedure for ADA Reasonable Accommodations for Employees, Applicants and Visitors
• Voluntary Self-Identification of Disability Form
• Accommodation Request Form
• Documentation of Disability Form
• Health Care Provider Release Form
• Policy Statement on Non-Discrimination
• Policy on Prohibited Harassment, Including Sexual Misconduct, and Discrimination
• Grievance Policies:
  • SHRA
  • EHRA Non-Faculty
  • EHRA Faculty
  • Grievance, Facilitation, and Harassment Forms

Contact Information

Policy Contact

Equal Opportunity and Compliance Office, 919.966.3576, eoc@unc.edu

Important Dates

• Effective Date and title of Approver:
  • Effective Date: November 03, 2009
  • Title of Approver: Equal Opportunity and Compliance Office
• Revision and Review Dates, Change notes, title of Reviewer or Approver:
  • Last Revised: June 09, 2017
  • Revised by: Equal Opportunity and Compliance Office
  • Substantive Revisions:
    1. Title updated to add "ADA" and "and Applicants."
    2. Added "Purpose" section.
    3. Reorganized "Definitions" section to put terms in alphabetical order.
    4. Deleted "Marginal Job Function" definition.
    5. Updated "Related Requirements" section to ensure all information across the university policy, standard, and procedures documents was uniform.

Approved by

/S/

_________________________________________________________________________________
Brandon Washington June 23, 2017
Director, Equal Opportunity and Compliance Office