Objective

Disabling conditions could include, under certain circumstances, a physiological disorder or mental disorder, including but not limited to the following: blindness or visual impairment, hearing impairment, diabetes, epilepsy, heart disease, mental or emotional illness, mental retardation, multiple sclerosis, muscular dystrophy, AIDS, orthopedic or speech impairment, and such perceptual handicaps as dyslexia (a reading impairment), and minimum brain dysfunction.

Kutztown University reserves the right to require any applicant or employee claiming coverage or accommodations as a person with a disability to produce any necessary medical records or information documenting the condition, to permit a doctor selected by the University to discuss the person's condition with doctors, therapists or

others familiar with the individual's condition, or to be examined by medical personnel selected by Kutztown University.

The ADA specifically permits employers to ensure that the workplace is free from illegal use of drugs and the use of alcohol. The law provides limited protection from discrimination for recovering drug addicts and alcoholics. An individual currently engaging in the illegal use of drugs is not an "individual with a disability." A person in a rehabilitation program or a person who has completed a rehabilitation program could be considered a "person with a disability."

A person who is an alcoholic is "an individual with a disability." An employer may discipline, discharge or deny employment to an alcoholic whose use of alcohol impairs job performance to the extent s/he is not "qualified."

Essential Functions The "essential functions" of a job are defined as the fundamental job duties of the position the individual with a disability holds or desires. Most of the essential functions of a position are listed in each position's job description.

Accommodations modifications which will remove certain barriers for a qualified applicant or employee with a disability. The intent of all reasonable accommodations is to offer individuals with a disability equal employment opportunities and to give equal access to all privileges of employment. There are three different types of "reasonable accommodation." (1) The most common is a modification of a particular position that will enable a qualified individual with a disability to perform the essential functions of the job and which do not cause an undue hardship to the University. These accommodations could include modification of equipment or facilities, changing work hours or schedules, modifying the way in which the job is customarily performed, or reassigning marginal job functions. (2) A second type of reasonable accommodation is modifications necessary to give employees with disabilities equal access to all privileges of employment, such as lounges, parking, social events, etc. (3) A third type is accommodations necessary for applicants with disabilities so that they have full opportunity to apply for jobs.

All accommodations requests must be evaluated on an individual basis to identify appropriate accommodations and determine whether the making or certain accommodations would create an undue hardship to the University.

Undue Hardship "Undue hardship" means significant burden or expense, and is assessed in terms of the reasonableness or cost of any necessary workplace accommodation and the availability of alternative accommodations. Undue hardship must be determined on a case-by-case basis as part of Kutztown University's reasonable accommodation request procedures.

GUIDELINES Kutztown University will not prohibit any person, regardless of physical or mental disabilities, from applying for any

Applicants for New position within the University. All reasonable

Employment accommodations that do not pose an undue hardship will and must be made for any individual with a disability to have access to an application for a position and to complete the application process. When a person requests assistance in applying for a position, whether or not a visible physical or mental disability is detected, then that person must be given all reasonable assistance in completing application forms. Kutztown University does not require an application form to be personally completed, but all information requested of an applicant must be consistent with Kutztown University's normal information requirements for applicants seeking employment. No employee is to prevent or hinder any applicant from applying for a position. Kutztown University will provide reasonable accommodations upon request, with appropriate notice to the ADA Coordinator and Director of Personnel during the application and hiring process.

Working with Persons Management has the obligation to ensure that each

With Disabilities employee enjoys equal benefits and privileges of employment offered to all other employees, such as access to social functions.

It is very important to have accurate information about a person's abilities and limitations. If there is a question regarding an individual's disability and his/her ability to perform the essential job functions, then management should discuss with the individual whether a reasonable accommodation has been sufficient.

Examinations and Job-related medical examinations, tests and

Tests inquiries may be required at Kutztown University's expense, including, but not limited to examinations to determine (1) whether or not an individual can perform the essential functions of a position, with or without reasonable accommodation process; (2) whether an individual is able to perform the essential functions of the job as part of a fitness-for-duty exam or return-to-work exam; or (3) whether an individual poses a direct threat to the health and safety of themselves or others. Certain other tests may be used to ascertain if accommodations afforded a person with a disability are effective for performing the essential functions of his/her job without creating an undue hardship to the University.

This policy does not preclude Kutztown University from conditionally making job offers upon the successful completion of tests for alcohol or illegal drugs as prescribed by government regulations for certain job positions. Any necessary examinations to determine fitness for duty will be conducted without regard to disabilities or impairments. All information acquired as part of a medical examination is strictly confidential and is not part of an employee's personnel file.

Reasonable Disabled employees or qualified applicants must

Accommodation make a request for reasonable accommodations

Requests through their manager, interviewer or Department Chair. All requests will be reviewed by the ADA Coordinator and Director of Personnel to determine whether a reasonable accommodation can be made to the position without creating an undue hardship to the University.

Any person recommending an offer of employment must follow the "Reasonable Accommodation Request Procedures" as outlined as part of this policy. Any and all requests for accommodations must be documented on the Reasonable Accommodation Request Form under review by the ADA Coordinator and Director of Personnel.

Reasonable All accommodations that require funding must be Accommodations reviewed by the ADA Coordinator and the Director

that require funding of Personnel. Only the President and/or his designee has the authority to turn down any reasonable accommodation request.

Record keeping Medical Information must not be entered into any employee's personnel file or manager or Department Chair's file. This information must be kept in separate files and be made accessible to the ADA Coordinator and Director of Personnel and other management on a need-to-know basis.

All Reasonable Accommodation Request Forms and related documentation will be kept on file by the ADA Coordinator for a period of at least four (4) years. All documentation regarding complaints and other documentation resulting from this policy will be kept on record for three (3) years.

Complaint Procedures Consistent with the University's open-door policy, any disabled employee or applicant may file a complaint regarding a perceived violation of this policy by contacting the Director of Social Equity and Contract Compliance. All complaints will be fully investigated by the Director of Social Equity and Contract Compliance and, if necessary, changes will be made to adhere to this policy after an investigation has been completed. All final complaint resolution decisions will be made by the President and/or his designee. All complaints received will be promptly acknowledged, and the results will be communicated back to the initiator by the Director of Social Equity and Contract Compliance immediately after the results of the investigation have been finalized.

REASONABLE ACCOMMODATION REQUEST PROCEDURE

FOR INCUMBENT EMPLOYEES

RESPONSIBILITY ACTION

Employee with a 1. Request a reasonable accommodation through Disability personal contact with Supervisor or Department Chair.

Manager 2. Complete a "Reasonable Accommodation Request

Form" for all requests.

Note: Reasonable Accommodation Request Forms are available in the Office of the ADA Coordinator or Personnel.

3. All accommodations that require funding must be reviewed by the ADA Coordinator and the Director of Personnel. Only the President and/or his designee has the authority to turn down any reasonable accommodation request. All accommodations, regardless of significance, must be documented and submitted to the ADA Coordinator. This includes such accommodations as schedule changes, alternative assignments, etc. Examples of requests may include such things as ensuring employees have access to facilities for attending meetings and training classes, shift or schedule changes, flashing lights on equipment, and auxiliary aids.

4. Complete the first part of and submit the "Reasonable Accommodation Request Form" to the ADA Coordinator for a review of the request.

ADA Coordinator 5. Review the Reasonable Accommodation Request Form with applicable parties involved, including other University resources whenever the cost of an accommodation is greater that $50 or an accommodation is not recommended for any reason.

Note: This review process may require additional reviews by an medical review officer, construction consultant or other persons familiar with the essential functions of the person's position.

The ADA Coordinator may also request that the employee provide additional documentation and consult with the individual or others familiar with the employee's abilities and available accommodation (e.g., the employee's physician or a vocational rehabilitation counselor).

6. Make a determination on the request after consultations and inform the employee's manager or Department Chair of the outcome on the request.

Manager 7. Implement the necessary reasonable accommodations or in the case where reasonable accommodations cannot be made, inform the employee or qualified applicant about employment alternatives.

ADA Coordinator 8. File the Reasonable Accommodation Request Form in a separate file for all requests.

Manager or 9. Consult with the employee with the disability on

Department whether the accommodations are effective and will enable the employee to perform the essential functions of his or her job.

(End of Procedure)

Reasonable Accommodation Request Procedures For Job Applicants

A. Requests That Involve Accommodations For Access to the Hiring Process (Not The Job Itself)

Requests for accommodations during the hiring process are to be handled the same as for employees. Examples might include providing an assistive listening device or interpreter during a job interview or conducting a typing test at a location that is accessible to a clerical applicant who uses a wheelchair.RESPONSIBILITY ACTION

Qualified Applicant 1. Request a reasonable accommodation during the

with a Disability interview process through personal contact with interviewer.

Interviewing 2. Completes a "Reasonable Accommodation Form".

Employee

Accommodation NOTE: See example of a Reasonable Accommodation

Request Form Request Form at the end of these procedures.

3. All accommodations that require funding must be reviewed by the ADA Coordinator and the Director of Personnel. Only the President and/or his designee has the authority to turn down any reasonable accommodation request.

B. Requests For Accommodations That The Applicant Says May Be Needed To Perform Essential Job Functions

Qualified Applicants 1. Request a reasonable accommodation during the

With a Disability interview process through personal contact with interviewer.

Interviewer 2. Ask the job applicants if they can explain or demonstrate how they can perform the essential functions of the job with reasonable accommodation.

3. Complete a "Reasonable Accommodation Request Form" for all requests.

4. After completion of the Request Form, conclude the interview and inform the applicants that they will be notified after an employment decision has been made.

5. Determine whether the applicants are otherwise qualified for the position. In making this determination, assume that the reasonable accommodation would enable the applicants to perform the essential job functions of the position sought.

RESPONSIBILITY ACTION

6. Forward the accommodation request to the ADA Coordinator, along with (1) your explanation of whether the individual is otherwise qualified and (2) where two or more applicants have applied for a position, whether this is the applicant you would select.

NOTE: If an applicant has a disability or has requested an accommodation, DO NOT fill the job or extend an offer of employment to another person until your decision has been reviewed with the ADA Coordinator and Director of Personnel.

ADA Coordinator 7. In consultation with the Manager, determine whether the Director of Personnel applicant is a qualified individual with a disability who

Director of Social Equity should be extended a job offer conditioned on completion and Contract Compliance of the reasonable accommodation process and a determination that there is a reasonable accommodation that will enable the applicant to perform the essential functions of the position that is not an undue hardship.

Director of Personnel 8. Extend the otherwise qualified individual a conditional

Provost job offer in writing.

9. [Go to step 3 of the Reasonable Accommodation Procedures for Incumbents.]