1. Governing Regulations
The procedure is governed by The Texas A&M University System (A&M System) Policy 08.01 Civil Rights Protection and Compliance, and A&M System Regulation 08.01.01 Civil Rights Compliance, and Texas A&M Forest Service Rule 08.01.01.F1, Civil Rights Compliance.
2. Purpose
This procedure establishes guidelines and processes for employees and applicants for employment to request hiring process or job accommodations in accordance with A&M System Regulation 08.01.01, and with local, state, and federal civil rights laws and regulations.
3. General
In accordance with Title I, Employment, of the Americans with Disabilities Act (ADA) as amended, and A&M System Regulation 08.01.01, Civil Rights Compliance, the agency will not discriminate against any qualified person with a disability because of the disability of that person in such matters as job application procedures, hiring, advancement or discharge practices, compensation, job training, or other terms, conditions, and privileges of employment.
3.1 Employees may request a disability–related job accommodation from their supervisor or directly from Human Resources (HR), either verbally or in writing using the ADA and Other – Request for Accommodation form. Employees may be asked by HR to provide documentation from an appropriate healthcare professional in order to determine the need for and reasonableness of the requested accommodation if the disability is not obvious. Reasonable accommodations may not be approved if the requested information is not provided.
3.2 Employees are responsible for notifying their supervisor or HR of a need for a disability–related accommodation, any changes in their medical condition that may affect their ability to perform the essential functions of their job, and any changes in the effectiveness of disability–related accommodations that have been provided.
3.3 Applicants with a disability who need assistance in applying for a job may request a disability–related hiring process accommodation from the hiring supervisor or HR, either verbally or in writing using the ADA and Other – Request for Accommodation form.
3.4 If a disability is apparent or obvious, or if the applicant has voluntarily disclosed a disability that may affect their ability to perform the essential functions of the job, that applicant may be asked at the interview or pre–offer stage to describe, demonstrate, or to respond to a question regarding how he or she would perform a certain required job task. At that time, the applicant may be asked questions as to what accommodations would be necessary to complete the task.
4. Supervisor and Hiring Supervisor Responsibilities
4.1 Supervisors and hiring supervisors are responsible for providing and explaining the ADA and Other – Request for Accommodation form as requested by employees or applicants, and forwarding the completed form to HR for review. Supervisors and hiring supervisors should notify HR of any verbal or written requests for disability–related accommodations from an employee or job applicant.
4.2 If the employee or applicant voluntarily provides information regarding a disability, the supervisor or hiring supervisor may only ask questions regarding the employee or applicant’s need for disability–related accommodations.
4.3 The supervisor or hiring supervisor may not deny a request for an accommodation without review and approval from HR.
4.4 Supervisors and hiring supervisors are encouraged to complete TrainTraq course #2111125, ADA for Supervisors and Faculty, every two years.
5. HR Responsibilities
5.1 HR is responsible for coordinating and reviewing requests for disability–related accommodations from employees and applicants for employment. HR will communicate with supervisors, hiring supervisors, employees, and applicants regarding the accommodation request process and the interactive process for determining the reasonableness of the requested accommodations.
5.2 HR will provide and explain the ADA and Other – Request for Accommodation form to supervisors, hiring supervisors, employees, and applicants as appropriate.
5.3 HR will determine if the Medical Questionnaire for Reasonable Accommodation Requests form is needed to evaluate a request for a disability–related accommodation. Required documentation may include a diagnosis, prognosis and major life function that is substantially limited, an evaluation of the effect that the disability has on the employee’s or prospective employee’s ability to perform the duties associated with the position, and the recommended accommodation(s). HR will communicate directly with employee and supervisor or applicant and hiring supervisor if medical documentation is needed.
5.4 HR will review requests and medical documentation and determine: if the individual has a disability as defined by the ADA; whether or not the disability–related accommodation requested is reasonable; whether or not the disability–related accommodation will enable the individual to complete the application process or meet the essential functions of the job; and whether or not there are other reasonable accommodations that are equally effective. HR will notify the employee or applicant in writing of the determination to approve or not approve a requested accommodation.
5.5 If an accommodation request is approved, HR will work with the supervisor/hiring supervisor to document the accommodation and the date and duration of its provision. Such documentation will be kept by HR in a confidential file separate from the employee’s personnel file.
5.6 If a disability–related job accommodation is approved, HR and the supervisor/hiring supervisor may periodically review it in order to determine its effectiveness and continued need.
5.7 HR will consult with the A&M System Director of Equal Opportunity and the Office of General Counsel as needed regarding compliance with the ADA.
6. Right to Appeal and Confidentiality
6.1 An employee has the right to appeal an accommodation decision in accordance with A&M System Regulation 08.01.01 and any applicable agency rule or procedure.
6.2 HR will maintain the confidentiality of all medical information. Records will be maintained separate from personnel and recruiting files, and will be accessible only by authorized personnel.