SUBJECT: EMPLOYMENT OF PEOPLE WITH DISABILITIES/WORKPLACE ACCOMMODATIONS
APPLICABILITY: ALL FACULTY AND STAFF
1. Purpose:
The University Of North Texas System shall provide a working environment of nondiscrimination for qualified persons with disabilities, including the provision of reasonable accommodations that do not present an undue hardship, in compliance with applicable State and Federal laws..
2. Policy:
The University of North Texas will not discriminate against any employee or applicant for employment because of physical or mental disabilities in regard to any position for which the employee or applicant for employment is otherwise qualified and where reasonable accommodations can be made which do not involve undue hardship. The University of North Texas will comply with the rules and regulations pursuant to the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990, and the Texas Labor Code, Chapter 21, Section 128 .
3. Responsibility:
The University's policy on Nondiscrimination and Equal Employment Opportunity (.Policy Number 1.3.7) outlines the administrative responsibility for implementation of nondiscrimination and affirmative action for people with disabilities and other protected class workers.
4. Definitions:
4.1 “Disability” means, with respect to an individual, a mental or physical impairment that substantially limits at least one major life activity of that individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include (a) a current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance, or; (b) a currently communicable disease or infection as defined in Section 81.003 (Texas) Health and Safety Code, or required to be reported under Section 81.041, (Texas) Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected person unable to perform the duties of the person's employment.
4.2 “Qualified individual with a disability” means a person with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.
4.3 “Undue hardship” means, with respect to a proposed accommodation for a disability, an action that requires significant difficulty or expense in relation to the size of the employer, the resources available, and the nature of the operation, and must be determined on a case-by-case basis. In each case involving a request for accommodation, the determination of whether undue hardship exists shall be based on the impact on operations and business, the cost factors involved, and the effects on safety of the requestor or other individuals.
5. Administration of Requests for Workplace Accommodation:
5.1 Applicants for System employment and current System employees may request accommodation related to employment using the University of North Texas Request for Disability Accommodation in Employment packet found on the UNT Human Resources Forms website and available in the UNT Human Resources Office.
5.2 The Request for Disability Accommodation in Employment packet provides instructions for the requestor, instructions for the receiving department head or manager, and a Medical Practitioner Certification form requesting documentation of the diagnosis/prognosis of disability, the major life activity or activities substantially limited, and the effect that the impairment has on the applicant or employee's ability to perform essential job functions.
5.3 Department heads are responsible to coordinate the processing of any request for accommodation including the evaluation of and response to the request, and if applicable, the implementation of the accommodation. Such actions shall be made in consultation, as needed with the Human Resources Department and the Office of the Vice Chancellor and General Counsel, and with other subject-matter experts. In particular, no request for accommodation shall be denied without consultation with these offices.
5.4 All information relating to an accommodation request, including medical documentation, shall be treated as confidential medical records with access limited to supervisors/managers who need to be informed regarding necessary work restrictions and accommodations, first aid personnel (when appropriate), and review by government officials investigating compliance with ADA, FLMA or other pertinent law.
REFERENCES:
The Rehabilitation Act of 1973, Sections 503-504.
The Americans with Disabilities Act of 1990
Chapter 21, Texas Labor Code, Section 21.002(6) and Section 128 [a]
