|
Faculty and staff who would like to request accommodations
due to a disability are encouraged to engage in the following
services process.
- Employee notifies his/her manager or Kathleen
Martin, Associate Director in Human Resources that he/she:
- Has a documented disability
- Is having difficulty performing essential functions
of his/her position as stated or navigating on campus
due to a disability
- Would like to discuss appropriate accommodations
- Manager or Human Resources:
- Directs employee to complete a Request Form for Employee
Disability-Related Accommodations and obtain related
documentation and job description
- Human Resources:
- Obtains request, documentation and job description
from employee and/or manager and submits items to the
Disability Services Office
- Coordinator of Disability Services:
- Reviews request and documentation
- Meets with employee, manager, and/or Human Resources
representative
- If determined that the employee does not meet
the definition of an “individual with a disability”
under the ADA , he/she is referred back to manager
and HR for informal solution if possible
- If determined that the employee does meet the
definition of an "individual with a disability"
under the ADA, the Coordinator of Disability Services
uses the accommodations request and job description
to outline job functions and determine reasonable
accommodation as appropriate
In order to be considered an “individual with a disability”
under the ADA, the employee must meet the requirements of
at least one of the following criteria:
- Have a physical or mental impairment that substantially
limits one or more of the major life activities of such
individual;
- Have a record of such an impairment; or
- Be regarded as having such an impairment.
“Major life activities” are considered to include
the basic activities that the average person in the general
population can perform with little or no difficulty. Such
functions are defined as “caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning and working."
The term "substantially limits" generally means
that the individual is unable to perform a major life activity
that the average person in the general population can perform.
Whether an impairment substantially limits any of an individual's
major life activities depends upon the extent, duration, and
impact of the impairment.
It is important to understand that the determination of whether
an individual has a disability under the ADA and therefore
requires accommodations is not necessarily based on the name
or diagnosis of a condition, but rather on the effect of that
condition on the life of the individual. Some conditions may
be disabling for particular individuals but not for others,
depending on the stage of the disease or disorder or the presence
of other impairments that combine to make the condition disabling.
Formal Appeal Process for Eligibility Determination
If an employee does not agree with the decision of the Coordinator
of Disability Services due to either a) being denied services
or b) disagreement on the approved accommodations, and an
agreement cannot be reached, the employee may initiate a formal
appeal. The appropriate steps are:
• An appeal must be submitted in writing to the Assistant
Vice President, Human Resources. This is Patty Spinelli, Assistant
Vice President, Human Resources, 28 Lomb Memorial Drive, Eastman
Building Room 5035, Rochester, NY 14623-5604. The appeal must
set forth the specific action disputed and the specific accommodation
sought by the employee. The Assistant Vice President, Human
Resources will notify the Coordinator of Disability Services
of the appeal and obtain a copy of the employee’s disability
file, including the documentation of the disability and the
need for accommodation, if any, recommended by the evaluator
and the Coordinator of Disability Services. The Assistant
Vice President, Human Resources will meet with the employee
and the Coordinator of Disability Services within two (2)
weeks of receiving a written appeal. The Assistant Vice President,
Human Resources will then make a decision on the appeal. The
disability notes and decisions will be kept in a separate
disability file, not in the personnel folder.
• If the employee or the Coordinator of Disability Services
is dissatisfied with the decision made by the Assistant Vice
President, Human Resources, a written appeal may be submitted
to the Senior Vice President of Finance and Administration.
This is Dr. James Watters, Senior Vice President of Finance
and Administration , 28 Lomb Memorial Drive, Eastman Building
Room 7008, Rochester, NY 14623-5604. The Senior Vice President
of Finance and Administration will make the final decision
after reviewing the employee’s disability file and meeting
with the employee, the Coordinator of Disability Services
and the Assistant Vice President, Human Resources.
|