Reasonable Accommodations Policy

Purpose

The purpose of this policy is to promote equal access to employment opportunities and other programs and activities of the university. This policy sets forth the rights of university employees and other individuals to reasonable accommodations under the Americans with Disabilities Act and other laws.

Scope

This policy applies to all university employees (including undergraduate and graduate student employees in their employment context), applicants for employment and visitors and guests to the university.

Student academic accommodations under Student Code Sections 1-107 and 1-110 and the Pregnancy and Related Conditions Policy are outside the scope of this policy. Please see the Processes/Procedures/Guidelines section for more information.

This policy applies to all other individuals in university programs and activities who are entitled to reasonable accommodations under applicable federal or state law unless otherwise provided for in university policy.

Authority

Office of the Chancellor

Policy

  1. The university will provide reasonable accommodations, as required by law, for qualified individuals with disabilities who are employees of the university or applicants for employment at the university and visitors and guests to the university.
  2. The university will provide reasonable accommodations, as required by law, for employees of the university or applicants for employment at the university on the basis of religious beliefs or observances.
  3. The university will provide accommodations on the basis of pregnancy, childbirth and related conditions, as provided for in Pregnancy and Related Conditions Policy.
  4. In the event that federal or state law obligates the university to provide reasonable accommodations to an individual for any other basis not listed above and not addressed in other university policy, the university will provide such accommodations in a manner consistent with the provisions of the relevant law(s).
  5. The university will treat as confidential all requests for reasonable accommodations, related documentation and disability-related medical information provided to the university and will maintain such information in a file separate from the employee’s personnel file. Information related to an accommodation request will not be disclosed without authorization or legitimate business purpose.
  6. Discrimination or retaliation against any individual on the basis of a disability, for requesting an accommodation or for otherwise invoking their rights under this policy, is prohibited and shall be addressed under the university’s Nondiscrimination Policy.
  7. This policy does not limit the rights of any person under any other university policy or procedure or under any applicable law.

Definitions

Disability means with respect to an individual: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; (b) a record of such an impairment; or (c) being regarded by the employer as having such an impairment.

Essential Functions means the basic job duties that an employee must be able to perform, with or without reasonable accommodation. The term essential functions does not include the marginal functions of the position. A job function may be considered essential for any of several reasons, including but not limited to the following:

  • The position exists to perform that function.
  • There is a limited number of employees available to perform that function.
  • The function requires highly specialized skills or credentials which the employee possesses.

Interactive Process means the informal confidential dialogue between the university and the employee to identify reasonable accommodations.

 Qualified Employee with a Disability means an individual who meets the requirements for the position and who can, with or without reasonable accommodation, perform the essential functions of the job in question.

Reasonable Accommodation means modifications or adjustments to a job-related activity, an employment practice or the work environment that make it possible for a qualified employee with a disability to perform essential job functions and to enjoy equal employment opportunities.

Undue Hardship means an action that would be unduly burdensome or that would fundamentally alter the nature and structure of the operation or unit where the employee is currently working. The university is not obligated to provide an accommodation where doing so would impose an undue hardship.

Policies/Procedures/Guidelines

Requesting a Reasonable Accommodation

For employees and job applicants: An employee or job applicant who wishes to request a reasonable accommodation (or another person wishing to request a reasonable accommodation on behalf of an employee or job applicant) can make the request either in writing or orally in the following ways:

If an employee makes a request for a reasonable accommodation to a supervisor or HR representative, or if an applicant for employment makes a request to a university employee involved in the recruitment/hiring process, the individual receiving such request should direct the individual making the request to the Reasonable Accommodation Portal and should promptly notify the Accessibility & Accommodations Division of the request.

For student employees: Student employees, including undergraduate and graduate students, seeking reasonable accommodations in their employment context should follow the procedures for employees described above.

For student academic accommodations: Students seeking academic accommodations are outside the scope of this policy. Please refer to the resources listed below:

Accommodation Procedures

The AAD of the Office for Access and Equity shall establish the procedures to be followed for the provision of reasonable accommodations pursuant to this policy. The procedures shall address, at a minimum, the following components in the interactive process:

  • Intake of requests, including requesting and receiving medical documentation by AAD and an initial evaluation.
  • Notification and discussion with the employee’s supervisor, human resources and other relevant personnel.
  • Issuance of accommodation letter to the employee once agreed upon by AAD and the employing department.
  • When needed, consultation with the ADA coordinator and referral to unit leadership for final decision.
  • Employee appeal rights and processes.

AAD procedures can be found at https://oae.illinois.edu/accommodations.

Reassignment of an Employee

In cases where reassignment of an employee to a vacant position is being considered as a possible reasonable accommodation, the Office for Access and Equity will coordinate with the employee and Illinois Human Resources (and with the Office of the Provost if the employee is a faculty member) to identify suitable vacant positions. In considering reassignment as a potential accommodation, the university will assess:

(a)   whether the employee is qualified based on the required skills, experience, education and other job-related qualifications for the vacant position;

(b)   whether the employee can perform the essential functions of the vacant position with or without reasonable accommodation; and

(c)   whether reassigning the employee to the vacant position without a competitive search would pose an undue hardship to the university.

Accommodations for the General Public

University departments or units hosting an event that is open to the public shall include in the advertising for the event a statement that reasonable accommodations may be requested and provide email and/or telephone contact information for accommodation requests. The department or unit shall be responsible for providing reasonable accommodations and shall contact the ADA coordinator if assistance is needed in evaluating the request and identifying a reasonable accommodation.

Complaints and Grievances

ADA Coordinator: Any individual may file a grievance with the ADA Coordinator if they believe they have been denied a reasonable accommodation to which they are entitled on the basis of disability under applicable federal or state law or university policy, or if they believe the university has otherwise failed to comply with the Americans with Disabilities Act or other applicable laws related to disability or accessibility. ADA/504 Grievances will be addressed pursuant to the Nondiscrimination Policy.

Individuals who observe accessibility barriers in any aspect of the university’s facilities, programs or services, may submit a report to the ADA coordinator using the Report A Barrier form, https://go.illinois.edu/BarrierReport. The ADA coordinator will address such reports informally and collaboratively with relevant campus stakeholders, unless the ADA coordinator determines that a formal grievance or other process is warranted.

EEO Division: Pursuant to the Nondiscrimination Policy, any individual may file a complaint of: (a) discrimination or harassment on the basis of actual or perceived disability or any other protected classification listed in the Nondiscrimination Policy; or (b) retaliation on the basis of engaging in a protected activity, which includes requesting a reasonable accommodation and/or filing a complaint of discrimination, harassment or retaliation. The ADA coordinator will be consulted on matters in which disability is cited as a protected classification, as provided for in the Nondiscrimination Policy.

Other Options:

The various university offices listed above that facilitate reasonable accommodations may offer their own grievance or appeal processes that individuals are able to exercise. Such processes do not replace or supersede the available options listed above.

Individuals may file complaints with external agencies including the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, and the U.S. Department of Education’s Office for Civil Rights. Full information about these options is listed at: https://oae.illinois.edu/our-services/discrimination-and-harassment/reporting-a-problem/

Exceptions

None.

Contact

ADA Coordinator: Kiara N. Drake, J.D., 217-300-8670, adacoordinator@illinois.edu, https://go.illinois.edu/adacoordinator.

Office for Access & Equity, Accessibility and Accommodations Division, 217-333-0885 option #1, https://oae.illinois.edu/accommodations