̨Íåswag

It is important to remember that in the context of the ADA, “disability” is a legal term rather than a medical one. Because it has a legal definition, the ADA’s definition of disability is different from how disability is defined under some other laws.

The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability. The ADA also makes it unlawful to discriminate against a person based on that person’s association with a person with a disability.

Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability to participate in the application process or to perform essential job functions.

Reasonable accommodation also includes adjustments to assure that an individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

1. An employee is identified or self-discloses a disability.
2. A representative from the Office of Human Resources consults with employees to advise the employee of applicable benefits and rights related to the nature of the disability (Worker's Compensation, FMLA, ADA, STD, LTD, etc). If applicable, the employee is advised of ADA rights and given appropriate paperwork upon employee request for accommodations.
3. The Office of Human Resources forwards documents to the treating physician(s). Documents include:
   1. ADA Forms - Health Information Release Waiver for Consideration of ADA Accommodations
   2. Medical Request for ADA Accommodation
   3. Current Position Description (verified by the supervisor)
4. Upon receipt of the medical documentation, representatives for the Office of Human Resources review the information to devise a plan of action (each is done on a case-by-case basis). Objectives:
   1. Review the current position description and determine the impact of the limitation on the job duties performed by the employee.
   2. Determine whether the employee can perform the essential functions of the job (with or without accommodations) based on medical certification.
   3. Identify possible accommodations (on or off the job)
   4. Request additional information as needed from physician(s) and/or employee if clarity is needed.
5. A meeting is held with a representative from the Office of Human Resources and the supervisor of the employee to review and discuss the plan of action. Objectives:
   1. Update the supervisor on the ADA guidelines as needed and the request for accommodation submitted by the employee.
   2. Identify the essential functions of the position and whether the employee can perform them with or without reasonable accommodations
   3. Discuss possible modifications/accommodations and whether they are deemed reasonable for the institution. Identify funding sources, as needed.
   4. Elicit feedback from the supervisor. If necessary, work towards a consensus in the plan of action to insure compliance with ADA guidelines.
   5. Advise the supervisor as needed on strategies for continuous productivity in the department as it relates to employment and budgetary issues.
   6. Arrange follow-up meetings as necessary.
6. Representatives from the Office of Human Resources meets with the employee to discuss the plan of action.
   1. The employee's questions/concerns are addressed and additional feedback from the employee may be elicited, if necessary.
   2. Arrange follow-up meetings as necessary.
7. Accommodations are implemented.

1. An employee is identified or self-discloses a disability.
2. A representative from the Office of Human Resources consults with employees to advise the employee of applicable benefits and rights related to the nature of the disability (Worker’s Compensation, FMLA, ADA, STD, LTD, etc). If applicable, the employee is advised of ADA rights and given appropriate paperwork upon employee request for accommodations.
3. The Office of Human Resources forwards documents to the treating physician(s). Documents include:
   1. ADA Forms – Health Information Release Waiver for Consideration of ADA Accommodations
   2. Medical Request for ADA Accommodation
   3. Current Position Description (verified by the supervisor)
4. Upon receipt of the medical documentation, representatives for the Office of Human Resources reviews the details of the circumstances and documentation to devise a plan of action (each is done on a case-by-case basis). If it is determined that an employee can return to work, but cannot perform the essential functions of the current job, then the following objectives are pursued:

Short-term plan

1. Identify any job skills and abilities that the employee possesses to help with temporary placement.
2. Identify whether there are any available position or projects an University of North Georgia where the employee can be placed on a temporary basis in the following order, preferably:
   1. Within the department
   2. Within the division
   3. Within the home campus
   4. Within University of North Georgia
3. Determine whether the employee can perform the essential functions of the temporary assignment based on medical certification.
4. Identify possible accommodations (if needed)
5. Request additional information as needed from physician(s) and/or employee if clarity is needed.
6. Work with management to address issues relating to job classification, salary, and budgetary impact of placement.

Long-term plan

1. Identify any job skills and abilities that the employee possesses to help with other University of North Georgia employment opportunities
2. Identify training opportunities in which the employee has access to, through ̨Íåswag or other agencies that provides services related to disability and employment-related issues
3. Identify whether there are any vacant position or projects an University of North Georgia for which the employee is qualified for (as detailed above)
4. As part of the process for determining qualifications, determine whether the employee can perform the essential function of the job(s) identified (based on medical certification)
5. Identify possible accommodations (if needed)
6. Request additional information as needed with physician(s) and/or employee if clarity is needed.
7. If there are no opportunities available within the university, explore other employment opportunities and/or provide employment related resources

5. A meeting is held with a representative from the Office of Human Resources and the supervisor of the employee to review and discuss the plan of action. Objectives:
   1. Update the supervisor on the ADA guidelines as needed and the request for accommodation submitted by the employee.
   2. Identify the essential functions of the new position and whether the employee can perform them with or without reasonable accommodations. The position description is reviewed and approved by the supervisor.
   3. Discuss possible modifications/accommodations and whether they are deemed reasonable for the institution.
   4. Elicit feedback from the supervisors. If necessary, work towards a consensus in the plan of action to insure compliance with ADA guidelines.
   5. Resolve issues relating to job classification, salary, and budgetary impact of placement
   6. Arrange follow-up meetings as necessary.
6. Representatives from the Office of Human Resources meets with the employee to discuss the plan of action.
   1. The employee's questions/concerns are addressed and additional feedback from the employee may be elicited, if necessary.
   2. Arrange follow-up meetings as necessary.
7. Accommodations are implemented.

The appeal process is intended to provide employees with the opportunity to bring forward questions regarding substantive or procedural errors or evidence of bias that occurred during the accommodation review process. 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 substantially impacted the outcome of the decision (e.g., you were not given an opportunity to participate in an “interactive process,” or the collaborative effort to arrive at a reasonable accommodation).
2. There was a substantive error (such as a misunderstanding of your accommodation request) made during the accommodation review process that substantially impacted the outcome of the decision. To submit an appeal based on substantive errors, you must demonstrate that you already attempted to address the error(s) with the person(s) who made the original accommodation decision and were unable to resolve the issue.
3. 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.

Your appeal period begins on the day you receive your accommodation decision. You have 10 business days from the date of receipt to submit an appeal to the Associate Vice President of Human Resources.

Please provide the following documentation with your request for appeal: 

1. A copy of your accommodation decision or notification letter.
2. A written statement in support of your appeal, setting forth:
   1. What accommodation(s) you originally requested (you may attach your original request instead), and
   2. An explanation of why you believe that a procedural error, substantive error, and/or evidence of bias impacted the decision regarding your accommodation. You must indicate clearly which of these reasons is the basis for your appeal. If you are submitting an appeal based on substantive error, please provide evidence of your attempt to resolve the issue.
   3. All documentation supporting your written statement. The appeals process does not necessarily involve an interview, so you should make sure that all necessary information is contained in your written submission. Please attach copies of relevant documents; do not cut and paste documents into your email.