4.5.1 Requests for Reasonable Accommodations for Employees with Disabilities

Related MnSCU Board Procedure: Procedure 1B.0.1 Reasonable Accommodations in Employment

Purpose: This procedure sets forth the process for requesting a reasonable accommodation in employment based on an employee’s disability.

Part 1: Determination of Needs

The supervisor and the employee with a disability will consult to determine the need for accommodation and to discuss such alternatives as job restructuring, job site modification, and assistive devices. The employee may request the assistance of other individuals in support of their request. Alternatives are discussed with the division administrator and the ADA Coordinator. Documentation containing private medical data should not be requested or retained by the supervisor but will be requested and retained by the Human Resources office.

Subpart A: The employee submits a Written Request for Reasonable Accommodation form, which can be obtained from the Human Resources office. The request must include a justification for the accommodation and a statement of the limitations. Appropriate medical documentation supporting the existence of a disability and detailing physical or mental limitations may be included or requested by the ADA Coordinator.

Subpart B: The ADA Coordinator will determine whether the employee meets the definition of a qualified individual with a disability under the Americans with Disabilities Act (ADA) and will review the medical documentation and determine the precise job-related limitations.

Subpart C: If the employee meets the ADA definition of a qualified individual with a disability, the ADA Coordinator will then identify potential accommodations and assess the effectiveness each would have in allowing the individual to perform the essential job functions. Available alternatives, impact on resources, and the eligibility of the employee for the accommodation may be assessed by the ADA Coordinator, the supervisor, and the division administrator. While the individual’s preference for accommodations will be considered, the college may choose among equally effective accommodations.

The decisions to grant, amend, or deny the requested accommodation is made within a reasonable time of the original request. The ADA Coordinator will maintain contact with the employee requesting the accommodation while researching the accommodation request.

Subpart D: The ADA Coordinator completes the Reasonable Accommodations Agreement Form, outlining the agreed upon accommodation, and obtains the necessary signatures.

Subpart E: A copy of the form is returned to the employee and the supervisor who is responsible for implementing the decision.

Subpart F: If the request is approved and a purchase is necessary, the supervisor submits appropriate documents for purchase.

Part 2: Appeals

An employee who is dissatisfied with the reasonable accommodation decision can appeal directly to the college president within a reasonable time of receiving of the decision. The employee may request the assistance of other individuals in support of their request. Within five working days, the college president (or designee) will arrange to meet with the employee to discuss the reasonable accommodation request. The college president will make a final determination within five working days and will convey the decision to the employee, the ADA Coordinator and supervisor.

Part 3: Complaints

If the employee is still dissatisfied and feels the decision was based upon discriminatory reasons, the employee may utilize the discrimination complaint procedure contained in the college’s Affirmative Action Plan.

Part 4: Funding

Funding is provided for reasonable accommodations through various department budgets. Factors in determining funding for reasonable accommodation include the availability of funds, the cost of the accommodation, the need for the accommodation, the "reasonableness" of the accommodation, and the college's obligation to provide the accommodation.

Part 5: Undue Hardship

The college defines undue hardship as an accommodation that requires significant difficulty or expense when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the college. Undue hardship is determined on a case-by-case basis. If a particular accommodation would be an undue hardship, the college will work to identify another reasonable accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the college, the individual with a disability will be given the option of paying that portion of the cost which would constitute an undue hardship for providing the accommodation.

Procedure History: May 1, 2013

Date of Adoption:

Date of Implementation:

Date and Subject of Revisions:

10/20/2022 - amend outdated references and hyperlinks to MnSCU, replace Affirmative Action Officer with ADA Coordinator, remove gendered language, corrected grammatical errors and typos; amends responsibility for analysis and assessment to lie with ADA Coordinator.

Next Review Date: 2026