Policy 3005: Employment-Related Reasonable Accommodation and Access for Individuals with Disabilities

Category: Human Resources
Subcategory: Rights & Responsibilities
Covered Individuals: All Employees and Job Applicants
Responsible Executive: Executive Vice President & Chief Operating Officer
Policy Custodian: Office of Human Resources, Senior Associate Vice President of Human Resources
Last Revised: 2025/04/30
Previous USU Policy Number: 323
Download the PDF File for Policy 3005

3005.1 PURPOSE AND SCOPE

Utah State University (USU) is committed to equal employment opportunity and nondiscrimination as outlined in the Americans with Disabilities Act (ADA), as amended by the ADA Amendments Act (ADAAA), Section 504 of the Rehabilitation Act of 1973, the Pregnant Workers Fairness Act (PWFA), the Utah Rights and Privileges of Minors and Individuals with a Disability, and other relevant federal and state laws.

3005.2 POLICY

USU ensures full right of access for individuals with disabilities to all terms and conditions of employment, services, programs, and activities. USU employees and job applicants will be evaluated based on their ability to perform essential job functions with or without reasonable accommodation.

USU is dedicated to the following:

• Recruit, hire, and promote based on qualifications without discrimination.
• Ensure all employment decisions affecting employees and job applicants are made without discrimination.
• Provide reasonable accommodations for an otherwise qualified individual with a disability to have access to equal benefits and privileges of employment to successfully perform the essential job functions to the same extent as people without disabilities.

Employees must be able to perform the essential functions of their current job with or without reasonable accommodation.

When necessary, employees and job applicants with a disability or PWFA limitations may request reasonable accommodations through the Human Resources ADA coordinator to perform the essential functions of the job. Employee supervisors, administrators, or faculty who receive disability accommodation requests from university employees must promptly report such requests to the HR ADA Coordinator.

Decisions regarding accommodation will be made through an interactive process with the employee/applicant, their supervisor, department head, and other appropriate individuals inside and/or outside the university. The reasonableness of any accommodation will be evaluated on a case-by-case basis.

USU may request certification from a qualified treating healthcare provider, verifying that accommodation is necessary when the applicant’s or employee’s disability, need, or accommodation is not apparent or known to the employer. It is the applicant’s or employee’s responsibility to provide appropriate medical information related to the limitations and the requested accommodation.

If the requested accommodation cannot be provided, potential alternative accommodations will be discussed during the interactive process. If there is not a reasonable accommodation that will enable the employee to adequately perform the essential functions of their current job, then reassignment to a vacant position for which the individual is qualified may be considered as a reasonable accommodation. If no reasonable accommodation and/or reassignment can be made to allow the individual to perform the essential functions of their job, then termination may need to be considered.

Accommodation needs may change over time or require adaptation due to changes in technology, employment, or learning environments. Therefore, prior history of accommodation does not automatically warrant continuation of the same or similar accommodation.

Employees/applicants may appeal the decision made regarding an accommodation request to the Senior Associate Vice President of Human Resources. Employees/applicants who feel they may have been discriminated or retaliated against because of their disability may file a claim with the Civil Rights & Title IX Office (see USU Policy 2101: Discrimination Based on Protected Characteristics).

3005.3 RESPONSIBILITIES

3.1 Supervisors

Within the scope of this policy, the term disability includes:

Ensure employees have an equitable, safe, and accessible workplace; address issues as they arise. Contact the Office of Human Resources and/or refer the employee to the Human Resources ADA coordinator when the supervisor becomes aware of an employee having difficulty performing the essential job functions due to a disability. Participate in the interactive process. Implement reasonable accommodation(s) as approved by the Human Resources ADA Coordinator, without retaliation, and immediately upon notification. Contact the Human Resources ADA Coordinator with any questions or concerns.

3.2 Office of Human Resources

Ensure applicable ADA notices are available to all employees and job applicants. Provide advice and assistance in implementing this policy through a dedicated ADA coordinator.

3.3 Human Resources ADA Coordinator

Receive applicant and employee accommodation requests; engage in, and facilitate the interactive process with an applicant or employee and their supervisor(s) to help determine any reasonable accommodation(s). Work with supervisors and employees to implement reasonable accommodations. Serve as the point of contact for ADA-related questions for employees and job applicants. Coordinate with individuals with a disability and other stakeholders to offer available resources.

3.4 Civil Rights & Title IX Office

Investigate and respond to any complaint regarding discrimination or retaliation due to a disability.

3.5 Employees or Job Applicants/Candidates with a Disability

Notify their supervisor and/or the Office of Human Resources of the need for a reasonable accommodation. Actively participate in the interactive process and provide any documentation solicited by the HR ADA coordinator related to the request and the individual’s disability.

3005.4 REFERENCES

• Rehabilitation Act of 1973
• Americans with Disabilities Act
• Pregnant Workers Fairness Act
• Utah Rights and Privileges of Minors and Individuals with a Disability

3005.6 DEFINITIONS

• Disability. Within the scope of this policy, the term disability includes any or all of the following:
  
  • Any physical or mental impairment that substantially limits one or more major life activities.
  • A history or record of physical or mental impairment that substantially limits one or more major life activities.
  • Being regarded by others as having such an impairment.
• Job Applicant or Candidate. Within the scope of this policy, a qualified individual who is seeking selection for a vacant position may be called a job applicant or job candidate interchangeably.
• Pregnant Workers Fairness Act (PWFA) Limitations. Within the scope of this policy, PWFA limitations are physical or mental conditions related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.