Eligibility for an Accommodation under the ADA
The ADA prohibits employment discrimination against "qualified individuals with disabilities". A qualified individual with a disability is one who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of a job. In order to be eligible to request a reasonable accommodation under the ADA, an individual must be an employee of Baylor University, and the accommodation must be needed in order to perform an essential function or functions of his/her job. Additionally, the reasonable accommodation requested must not place an undue hardship on Baylor University and must not cause a direct threat to the individual or others.
When an employee has a qualified disability (as defined by the ADA) which limits his or her ability to perform the essential functions of their job, it is the policy of Baylor University to provide a reasonable accommodation when necessary. In order to request a workplace accommodation for such a disability, please follow the steps below.
Step 2: Submit the Accommodation Request Form to Human Resources.
Step 4: The Health Care Provider(s) should return the completed Medical Certification Form directly to Human Resources.
Step 5: Human Resources will review the Accommodation Request Form and the Medical Certification Form(s).
Step 6: Human Resources will notify the individual Accommodation Request has either been approved or denied.
Step 7: If the Accommodation Request is approved:
- Human Resources will send the employee an Accommodation Written Response Form indicating the approved accommodation as well as a recertification schedule if needed.
- Human Resources will coordinate the implementation of the accommodation with necessary parties.
- The employee is responsible for contacting Human Resources if the implementation of the accommodation is not being completed in an effective and timely manner.
Step 8: If the Accommodation is denied:
- Human Resources will send the employee an Accommodation Written Response Form indicating why the request was denied. Additionally, Human Resources will schedule a facilitative discussion with the employee to discuss the accommodation request and potential alternative accommodations.
- This facilitative discussion could involve other staff members, such as managers, General Counsel, Risk Management, and others as needed.
Step 9: Once the accommodation has been implemented, the employee can expect Human Resources to follow up with them and possibly others within the department or building to ensure it is working as intended. The frequency of recertification visits will be outlined in the Accommodation Written Response Form.