UMGC Policy VI-1.02 UMGC Policy on Workplace Reasonable Accommodations

Purpose

The University of Maryland Global Campus (UMGC) is committed to maintaining a welcoming and inclusive educational and working environment for people of all abilities. The purpose of this policy is to provide all members of the University community with a detailed guide on the reasonable accommodation process. There are important steps that must be taken to ensure reasonable accommodations are documented (within the accommodation tracking system), communicated, and provided in a timely fashion. These steps ensure equal opportunity for applicants, candidates, and employees with disabilities as well as ensure the University meets its legal obligations.

Scope and Applicability

This Policy applies to all members of the University community, including staff, faculty, and third parties. Individuals seeking a workplace accommodation are responsible for informing the University that they require an adjustment or change due to a medical condition or disability so that the Interactive Process can begin. It is also the responsibility of the individual to provide supporting documentation of their disability or medical condition from a relevant credentialed professional that demonstrates how the disability affects their ability to perform the essential functions of their job or to participate in and benefit from UMGC programs, services, and/or activities. All supporting disability documentation, as defined in this policy, will be kept confidential and separate from personnel records.

Employees, faculty members, applicants, and candidates with disabilities have the same obligation as all members of the community to meet and maintain UMGC’s job performance, technical standards, and codes of conduct.

The ADA Compliance Officer is responsible for university wide compliance with Title II of the Americans with Disabilities Act (ADA), Sections 504 and 508 of the Rehabilitation Act of 1973, and all other relevant state and Federal laws.

1. “Disability” (with respect to an individual) is a physical or mental impairment that substantially limits one or more of the person’s major life activities, taking into consideration any mitigating measures; a history of having such an impairment; or being regarded as having such an impairment.

2. “Disability supporting documentation” is medical, psychological, educational, or other relevant documentation provided by a credentialed third party that establishes a person has a disability as defined above and demonstrates how the disability affects the person’s ability to perform the essential functions of their job or to participate in services, or activities of the University.
3. "Discrimination" is unequal treatment based on a disability that interferes with an individual’s ability to participate in UMGC’s programs, services, or activities, or with an individual’s ability to perform their job responsibilities.
4. “Essential Job Functions” is the fundamental, basic job duties performed in a position. A function may be essential because: the position exists to perform that function; there are a limited number of employees available who could perform that function; and/or the function is highly specialized, and the incumbent is hired for special expertise or ability to perform it.
5. “Interactive Process” is ongoing communication between the employee and employer, or other UMGC personnel, for the express purpose of providing a reasonable accommodation.
6. “Qualified Employee” is an employee with a disability who meets the legitimate skills, experience, education, or other requirements of a job and who can perform the essential job functions of the position with or without reasonable accommodation.
7. “Reasonable Accommodations for Staff, Faculty members, Job Applicants, and Job Candidates” are any changes to a job, the work environment, or the way things are usually done that allow an individual with a disability to apply for a job, perform job functions, or enjoy equal access to benefits available to other individuals in the workplace. Modifications must address the disability and should not fundamentally alter the employee’s essential job functions.
8. “Retaliation” is action taken against an individual solely because of seeking an accommodation related to disability, filing a complaint of discrimination based on disability, or participating in an investigation or proceeding concerning allegations of discrimination based on disability.

Policy Statement

In accordance with the Americans with Disabilities Act (ADA), Sections 504 and 508 of the Rehabilitation Act of 1973, and applicable state and federal laws, UMGC ensures that qualified individuals with disabilities are not excluded from participation in, denied the benefits of, or subjected to discrimination in any University program, service, or employment activity.  UMGC provides reasonable accommodations to qualified employees, applicants, and candidates with disabilities to enable equal access to employment opportunities, programs, and services. Accommodations are determined through an individualized, Interactive Process that balances the needs of the individual and the operational requirements of UMGC.  Discrimination or retaliation against any person for requesting an accommodation, participating in the Interactive Process, or exercising rights under this policy is prohibited. UMGC is committed to ensuring that accessibility and integration remain integral to our culture, operations, and community engagement.

1. It is the responsibility of Employee Accommodations, a unit in The Office of Community Engagement and Opportunity to determine reasonable accommodations for employees, faculty members, applicants, and candidates. Employee Accommodations is responsible for documenting approved and denied accommodations with an Accommodation Decision Letter.
2. A record of the Accommodation Decision Letter shall be retained in the employee’s personnel file and in Employee Accommodations.  All supporting disability documentation shall be kept confidential and maintained by Employee Accommodations separately from the employee’s personnel records, in compliance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
3. The process begins when the Employee Accommodation unit becomes aware that an employee, faculty member, applicant candidate may need an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a disability or chronic medical condition.
4. An applicant, candidate or employee may request reasonable accommodation at any time, orally or in writing.
5. Approved reasonable accommodations will be implemented as soon as practicable following approval.
6. While accommodations are not ordinarily retroactive, the University will consider whether interim measures or adjustments are appropriate if there has been a delay in processing the request.
7. Once the Employee Accommodation unit has received notice of a need for accommodation, Employee Accommodations will follow-up with the requesting employee, applicant, or candidate, within three (3) business days, to explain the Accommodation process and initiate the Interactive process.
8. During this outreach, Employee Accommodations will provide the employee, applicant, or candidate with a Workplace Accommodation Request form and Medical Inquiry form for a medical provider or relevant credentialed professional to complete.
   1. The applicant, candidate, faculty member, or employee should describe the requested workplace adjustment or accommodation on the Workplace Accommodation Request Form and return it to Employee Accommodations.
   2. The Medical Inquiry form or other medical documentation in support of the Accommodation Request should be submitted to Employee Accommodations within ten (10) business days.
   3. Notification to Employee Accommodations explaining why supporting medical documentation cannot be submitted within the requisite time frame will be reviewed on an individual basis.
   4. The medical documentation needs to be submitted in English. It can be translated by the doctor or someone in their office.
   5. All requests for a leave of absence must include the employee’s anticipated return-to-work date and confirmation of their ability to perform the essential functions of their position upon return.
9. Employee Accommodations will confirm receipt and notify the applicant, candidate, or employee within three (3) business days whether the provided medical documentation is sufficient or if there is a need for additional documentation.
10. If additional documentation is needed, the employee, faculty member, applicant, or candidate shall have ten (10) business days to submit the additional documentation.
11. Employee Accommodations shall review the medical documentation within three (3) business days to determine its sufficiency.
    1. If the additional documentation is still insufficient, the accommodations request will be closed. In the event a request is closed, Employee Accommodations shall instruct the employee, applicant, or candidate on what they need to submit for a request that can be re-opened.
12. In situations where a disability and associated need for an accommodation are evident, a third party (recruiter, hiring manager, manager, etc.) may initiate the reasonable accommodation process and begin the interactive discussion by alerting the Employee Accommodations unit.
    1. Upon notification, Employee Accommodations will promptly contact the individual to explain the accommodation process and confirm whether the individual wishes to pursue a reasonable accommodation. A third party may not implement or deny an accommodation without review and coordination with Employee Accommodations.
    2. If the individual elects to proceed, Employee Accommodations will initiate the Interactive Process, which may include gathering relevant information, requesting documentation where appropriate, and engaging with the individual and department to assess reasonable accommodation options.

Eligibility Determination

Once the completed Workplace Accommodation Request form and supporting medical documentation have been received, Employee Accommodations will review the information in a timely manner, generally within five (5) business days. Employee Accommodations will engage with the requesting individual to assess whether the individual meets the definition of a qualified individual with a disability under the ADA and whether a reasonable accommodation may be appropriate. This assessment may include discussion of the essential functions of the position and the functional limitations related to the disability. If it is determined that the individual does not meet the eligibility criteria under applicable law, Employee Accommodations will provide written notification explaining the determination. When eligibility is established, Employee Accommodations will continue the Interactive Process in collaboration with the individual and the relevant department to identify and implement an effective reasonable accommodation.

1. Upon determining that the applicant, candidate, or employee is a qualified individual with a disability, Employee Accommodations, in consultation with any relevant supervisor/unit head or recruiter, as needed, will review the employee’s accommodation request in relation to their position, and facilitate an interactive dialogue with the employee, faculty member applicant, candidate, employee, supervisor, and/or unit head, to determine a reasonable accommodation.
2. Simple requests will generally be reviewed within five (5) business days, while more complex requests may take up to ten (10) business days to ensure a thorough evaluation, consultation and planning with all relevant stakeholders.
3. During the Interactive Process, the employee, applicant or candidate requesting the accommodation, the recruiter or employee’s manager, and Employee Accommodations will discuss the following:
   1. The nature of the job-related challenge that is generating the request confirming that a disability is prompting the need for an accommodation.
   2. Accommodation options that may be effective in enabling the individual to successfully perform the essential requirements of the job.
4. All accommodation requests are reviewed on a case-by-case basis. A robust Interactive Process frequently may require additional input from other members of the employee’s management team,  Recruiter, and/or the employee’s medical provider. Other departments, a third-party vendor, or outside disability-related organizations, may be consulted depending on the type and complexity of the request.

1. Employee Accommodations will develop an Accommodation Decision Letter in consultation with the applicant, or candidate, employee and their manager, or recruiter, if applicable. Once the Accommodation Decision Letter is approved, a copy will be shared with the employee, applicant, or candidate, their manager, and Employee Relations.
   1. It is the responsibility of the manager, unit head, or recruiter to work in coordination with the employee and the employee accommodation unit to ensure implementation of the Accommodation Decision Letter.
2. The University will use good faith efforts to implement the reasonable accommodation provisions described in the Accommodation Decision Letter within 24 hours of its dissemination unless there are technical, physical, or unforeseen circumstances that delay implementation.  In the event of a delay, Employee Accommodations will notify all relevant parties of the reason for the delay and the anticipated timeframe of implementation.
3. If an applicant, candidate, or employee believes that their reasonable accommodations are not being implemented in an effective and timely manner, they should contact the ADA Compliance Officer immediately via email at adacompliance@UMGC.edu.
   1. If efforts by the ADA Compliance Officer to resolve implementation concerns are unsuccessful, the ADA Compliance Officer shall seek review and resolution by the Vice President of Community Engagement and Opportunity or designee.

1. In consultation with the employee and their manager, Employee Accommodations will monitor the effectiveness of the accommodation.
2. Accommodations must be in place for at least thirty (30) days before determining its effectiveness. This monitoring shall occur outside of the University performance review process. While employees with disabilities must be able to perform essential functions of their job with or without accommodation, it is also UMGC’s responsibility to ensure an accommodation is effective for an employee, faculty member, applicant, or candidate.
3. If an applicant, candidate, employee, or the employee’s manager believes that an accommodation is no longer effective, they must contact Employee Accommodations to initiate a review of the Accommodation Letter and engage in another interactive dialogue.

1. An extension of the time frame for providing an accommodation will be considered in extraordinary circumstances that could not reasonably have been anticipated or avoided in advance of the request for accommodation, or that are beyond the University’s ability to control.
   1. When extenuating circumstances are present, the time for processing a request for reasonable accommodation and providing the accommodation will be extended as reasonably necessary. In such circumstances the requestor, manager and other need to know individuals will be informed as to the reason for the delay and anticipated delivery of solution.

1. Many accommodations are implemented long-term, while some accommodations last for only a temporary period. Every situation is unique and requires case-by-case analysis of the individual’s limitations, restrictions, specific accommodation needs, and the impact the accommodation will have on job performance and business operations.  Implementing a temporary change offers the opportunity to evaluate an accommodation for effectiveness before making the decision to implement the change long-term and demonstrates a good faith effort to meet the needs of the employee, faculty member, applicant, candidate
   1. Situations that can warrant provision of a temporary accommodation may include, but are not limited to:
      1. when time is needed to research a permanent accommodation solution, to acquire equipment, arrange a service, or identify an alternative vacancy;
      2. when it is necessary to test an accommodation to determine if it is effective;
      3. when the medical impairment is temporary but sufficiently severe enough to entitle the employee to an accommodation;
      4. when it is necessary to avoid temporary adverse conditions in the work environment; or
      5. when an accommodation can currently be provided but may eventually pose an undue hardship if provided long-term.

Accommodation Request Denial

If UMGC is unable to approve a request for accommodation, Employee Accommodations will provide written notice to the requesting applicant, candidate, or employee explaining the reason for the requested accommodation was not approved.

1. Third-party individuals (visitors, volunteers, vendors, and contractors) with a disability, who are visiting the University, and seek an accommodation to facilitate their visit or access to University programs, must contact Employee Accommodations at employee-accommodations@umgc.edu. Employee Accommodations will coordinate the Interactive Process to ensure access in alignment with the Americans with Disabilities Act (ADA) and related University Policies.
2. Timeliness: Third parties are encouraged to provide at least ten (10) business days’ notice prior to their visit or participation to allow adequate time for review and coordination. Requests made with shorter notice will be evaluated and accommodated to the extent reasonably possible.
3. Documentation: Depending on the nature of the request, third parties may be asked to provide limited documentation from a qualified professional verifying the disability and need for accommodation. Any documentation received will be handled confidentially and only shared with individuals involved in the accommodation process.
4. Accommodation Implementation: The host department or unit is responsible for implementing approved accommodations, in coordination with Employee Accommodations. Employee Accommodations will provide guidance and, when appropriate, assist in identifying available resources to support implementation

1. Within 10 days of receiving written notice of UMGC’s inability to approve a request for accommodation, an applicant, candidate, or employee may appeal in writing, to:

   UMGC ADA Officer
   Adacompliance@umgc.edu

   or

   Attn: ADA Officer
   Office of Community Engagement and Opportunity
   3501 University Boulevard East
   Administration Building
   Adelphi, MD 20783

   Phone: (301) 985-7930

2. Appeals will receive a written decision within 30 days.

1. Individual staff, faculty member, or visiting third parties who believe that they have been discriminated against or harassed based on disability or retaliated against in violation of UMGC Policy VI-1.00 UMGC Policy on Non-Discrimination and Anti-Harassment may file an internal complaint with Fair Practices, a unit in the Office of Diversity and Equity. All such complaints will be reviewed in accordance UMGC Policy on Non-Discrimination and Anti-Harassment.

   1. Time Limits. Complaints of discrimination, harassment, or retaliation in violation of UMGC Policy 040.30 must be made within thirty (30) calendar days following an incident of discrimination, harassment, or retaliation. Fair Practices may waive the time limit upon a showing of good cause.

      UMGC Fair Practices Unit
      3501 University Boulevard East
      Administration Building
      Adelphi, MD 20783
      Phone: 310-985-7931
      Email: fairpractices@umgc.edu

2. External Government Agencies That Address Complaints of Disability discrimination/harassment

   1. In addition to filing a complaint under this Policy and Procedures, members of the UMGC Community may contact external agencies. A person wishing to file a complaint with an external agency should contact the appropriate agency promptly to verify the time limits and deadlines for filing complaints.

      Equal Employment Opportunity Commission
      EEOC Headquarters
      131 M Street, NE
      Washington, DC 20507
      Phone: 800-669-4000
      TTY: 800-669-6820
      Website: https://publicportal.eeoc.gov/Portal/Login.aspx

      Maryland Commission on Civil Rights (MCCR)
      6 Saint Paul Street, Ninth Floor
      Baltimore, MD 21202-1631
      Phone: 410-767-8600
      Fax: 410-333-1841
      Website: http://mccr.maryland.gov/