Americans with Disabilities Act Policy statement relating to individuals with disabilities

The University of Massachusetts Chan Medical School is firmly committed to providing full access to individuals with disabilities. In so doing, UMass Chan intends to fully comply with the Americans with Disabilities Act Amendment Act (ADAAA) of 1990 and 2008, EEOC guidelines, and UMass Chan Human Resources policies. Policies and procedures are in place to ensure that individuals with disabilities do not experience discrimination in any way, whether they are applicants, students, staff, faculty, visitors, volunteers, or vendors. The Director of Accommodation Services, working in conjunction with the Department of Human Resources  develops policies, procedures and training programs to ensure that UMass Chan complies with all applicable federal and state regulations relating to individuals with disabilities.

UMass Chan Medical School

Employee Reasonable Accommodation Procedure

Pursuant to guidance by the Equal Employment Opportunity Commission (EEOC) and Title I of the Americans with Disabilities Act (ADA), a request by an employee for a reasonable accommodation must be considered on a case-by-case basis. The procedure at UMass Chan Medical School (UMass Chan) for requesting a workplace accommodation is as follows:

1.    Disclosure:  An employee who seeks a workplace accommodation due to a claimed disability shall inform either their supervisor and Department Manager and/or UMass Chan’s Director of Accommodation Services.  Such accommodation requests should be made as soon as the employee becomes aware of their claimed disability and resulting inability to perform their essential job functions.

UMass Chan’s current Director of Accommodation Services is Ms. Katrina Durham (in the Office of Management) who can be contacted at:

 

Katrina.Durham@umassmed.edu  (774-455-4804)

 

2.    Request for a Workplace Accommodation and In-Take Meeting:

To formally request a workplace accommodation based on a claimed disability, the employee must submit the request in writing using the “Employee Accommodation Request Form” found on ADA / Disability Management Center website: https://www.umassmed.edu/ADA/forms/

As part of this written submission, the employee must provide “supporting documentation” from their medical provider(s).  All such medical/health documentation must be on the physician’s/health care provider’s letterhead, typed, dated, signed, and legible.  This documentation must relate or refer to a current evaluation from a clinician qualified to diagnose in the involved area of specialization (usually no later than three months of the request for accommodations).

This documentation must, at a minimum, include the following:

·         The precise nature and extent of the claimed disability with relevant medical and other relevant history provided.

·         Description of the symptoms and current treatments and/or assistive devices and technologies with estimated effectiveness in ameliorating the impact of the claimed disability.

·         Detailed description of the functional limitations resulting from the claimed disability.

·         Clear support of the direct link to and need for the requested accommodation(s).

Following the Director of Accommodation Service’s receipt and review of the above-described Employee Accommodation Request Form and attached necessary supporting “documentation”, this person will contact the employee to schedule an initial in-take meeting.

3.     The Interactive Process:

Pursuant to the applicable laws, the workplace accommodations process must be “interactive”, with full participation by both the employee seeking the accommodation and the Office of Accommodation Services.  During the interactive process, the employee requesting the accommodation must clearly discuss certain key aspects of their accommodations request, including but not limited to the following:

 

·         the nature of the job-related challenge(s) leading to the accommodation request;

·         the symptoms, history and extent of the claimed disability prompting the need for a workplace accommodation;

·         the requestor’s proposed accommodation remedy that they believe may be effective in meeting the employee’s needs in order to successfully perform the essential requirements of their job.

 

Once the Director of Accommodation Services has received the written request for a reasonable accommodation and all necessary supporting documentation and conducted the initial in-take meeting with the employee, the Director of Accommodation Services will then meet with the employee’s supervisor / Department Manager, and if necessary, a Human Resources designee, to discuss the accommodation request and the essential functions of the employee’s job duties.  Although the Office of Accommodation Services seeks to keep all medical information confidential, there may be instances where some such information must be disclosed to the supervisor / Department Manager and/or HR in order to be able to discuss and eventually determine whether a requested accommodation is reasonable and should be granted.

As part of the interactive process, the Director of Accommodation Services may request the following:

·         Additional meetings with the employee to discuss their claimed disability, the alleged impact on the employee’s essential job functions, as well as alternative suggestions for other reasonable accommodations based on feedback from the involved UMass Chan supervisor / Department Manager.

·         Additional documentation and information from the health care provider(s) to better understand and assess the employee’s claimed work limitations in the context of the employee’s essential job functions.

·         A consultation with a health care professional with training and experience in the medical field that encompasses the employee’s claimed disability.

 

4.    Decision and Notification:

A reasonable accommodation may be provided;

·         when an applicant with a claimed and found disability needs an accommodation to have an equal opportunity to compete for a job;

·         when an employee with a claimed and found disability needs an accommodation to perform the essential functions of the job or to gain access to the workplace; and

·         when an employee with a claimed and found disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., productivity tools, trainings, company sponsored events).

The employee will be notified by email of the decision for the approved reasonable accommodation or the reason(s) the accommodation was denied.

5.    Appeals:

Under what circumstances can I appeal a disability accommodation decision?

 

An employee may request an appeal of a decision denying an accommodation request in full or in part. The appeal process is not intended to initiate a new accommodation review process at a higher level.  General dissatisfaction with an accommodation decision is not grounds for an appeal.  An appeal from an accommodation decision must be based on one or more of the following

grounds:

 

1.    There was a procedural error made during the accommodation review process that materially impacted the outcome of the decision (e.g., you were not given an

opportunity to participate in an interactive process); or

 

2.    There is evidence of bias on the part of the person(s) who made the accommodation decision that rendered them unable to consider your accommodation request objectively and completely; or

 

3.    New evidence that was not reasonably available at the time the determination was made, and which could affect the outcome of the decision; or

 

4.    The decision is against the great weight of the credible evidence.

 

How much time do I have to file an appeal?

 

Your appeal period begins on the day you receive your accommodation decision.  You have 10 calendar days from the date of receipt to submit an appeal.

 

How do I submit an appeal?

 

If the involved employee is a faculty member, the appeal must be submitted to the Office of the Provost and Office of Faculty Affairs, and if the involved employee is a non-faculty member, the appeal must be submitted to the Executive Vice Chancellor for Administration and Finance.  In both circumstances, the appeal should also be copied to the Director of Accommodation Services and Deputy Executive Vice Chancellor for Human Resources.  The Office of Provost and Executive Vice Chancellor for A&F may appoint a designee to serve as their Appeals Officer.

 

Please send an email to these individuals requesting your “appeal” and containing or attaching the following three items:

 

1.    A copy of your accommodation decision or notification letter.

 

2.    A written statement in support of your appeal, setting forth:

 

a.    what accommodation(s) you originally requested (you may attach your original request instead), and

 

b.    a full and complete explanation as to why you believe there was either a procedural error, evidence of bias, new evidence recently discovered, and/or that the decision is against the great weight of the credible evidence; and that either or all of same led to a determination that should be overturned.

 

You must indicate clearly which of the four grounds listed above serves as the basis for your appeal (there can be more than one).

 

3.    All documentation supporting your written statement.

 

The Appeals Officer may, but is not required to, meet with either the employee and/or the Director of Accommodation Services with respect to this written statement.  The Appeals Officer will issue a final decision within 14 business days of your written request for an appeal, but such deadline may be extended by the Appeals Officer, if reasonably necessary.

 

If I disagree with the Appeals Officer’s decision, can I further appeal it?

 

No.  The decision on appeal represents UMass Chan’s final decision. There is no further right of appeal within UMass Chan and/or the University of Massachusetts.