Williams College provides reasonable accommodations for employees with ADA-defined disabilities. A reasonable accommodation is an accommodation that enables the employee to perform the essential functions of their position, is medically necessary, and does not create an undue hardship to the institution. Employees requesting reasonable accommodation must complete and submit this request form and supporting documentation to Toya Camacho, ADA Coordinator, at [email protected].
• A confidential interactive discussion with the ADA Coordinator is encouraged for employees who are seeking reasonable accommodations.
• The campus accommodation process is meant to address accommodations directly related to the employee (one’s self) and their job functions.
• If more information is needed, the ADA Coordinator may require that you authorize your health care provider to confirm your disability and the need for the requested accommodation.
• It is your responsibility to ensure that your health care provider statement and/or other supporting documentation is returned to the ADA Coordinator.
• You are not required to disclose to your immediate supervisor the medical basis for a requested accommodation. Medical records are confidential and maintained in the Office of Institutional Diversity, Equity, and Inclusion.
The first step in receiving consideration for accommodation is to submit a request.
Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities;
- Job restructuring, modifying work schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. An employee with cancer may need leave to have radiation or chemotherapy treatments.
An employer does not have to provide a reasonable accommodation if it imposes an "undue hardship." Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. if an employer believes that a medical condition is causing a performance or conduct problem, it may ask the employee how to solve the problem and if the employee needs a reasonable accommodation. Once a reasonable accommodation is requested, the employer and the individual should discuss the individual's needs and identify the appropriate reasonable accommodation. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide.
Title I of the ADA also covers:
- Medical Examinations and Inquiries: Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job-related and consistent with the employer's business needs.
- Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements.
- Drug and Alcohol Abuse: Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADA.
- Oversee and facilitate the ADA Interactive process and request for Reasonable Accommodations.
- Upon receipt of a request for an ADA accommodation, the ADA Coordinator will notify management and submit the request for the Essential Job Functions.
- Upon receipt of the Essential Job Functions from the supervisor, the ADA Coordinator will create and prepare the individualized medical certification for completion by the healthcare provider.
- Upon receiving the medical certification, the ADA Coordinator will review all submitted documentation and determine whether the employee has a disability eligible for an accommodation under the ADA. As part of the ADA Interactive Process, the ADA coordinator will consult with the employee and management to discuss reasonable accommodations options and send recommendations to management for approval and action.
- Once approved by management and agreed to by the employee, the ADA coordinator will notify the employee of the determination and timeline for implementation and follow-up with the employee to confirm that the accommodation is effective.