Reasonable Accommodation

Purpose:

To provide a process by which a qualified disabled individual (applicants and employees) may request an accommodation in accordance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and ADA Amendments Act of 2008, regarding matters of employment with J. Sargeant Reynolds Community College (Reynolds).

Definitions:

Disability: a physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such an impairment, or being regarded as having such an impairment.

EEO officer: the college’s associate vice president of human resources.

Essential job functions: those job activities that are determined by the employer to be essential or core to performing the job.

Licensed treating professional (LTP): a doctor of medicine or osteopathy who is licensed to practice medicine or surgery by the state in which the doctor practices; a podiatrist, optometrist, chiropractor, clinical psychologist, or clinical social worker licensed to practice in the state and performing within the scope of his or her practice as defined under state law, and Christian Science practitioners listed with the first Church of Christ, Scientist in Boston, MA.

Major life activities: may include, but not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working; includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Qualified individual: an individual who, with or without reasonable accommodation, can perform the essential job functions of the employment position that such individuals holds or desires.

Reasonable accommodation: changes to the work environment that may include: making existing facilities readily accessible and usable by individuals with disabilities; job restructuring of nonessential duties; temporary reduction of work hours; alternate work schedules; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modifications of written or computer-provided employee information (training materials, demonstration of ability); the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.

Undue hardship: significant difficulty or expense incurred by an employer with respect to the provision of reasonable accommodation, which means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer’s size, financial resources, and the nature and structure of its operation.

Policy:

1. J. Sargeant Reynolds Community College does not discriminate on the basis of disability or other non-merit factors with respect to employment, personnel actions, and employee benefits, or in connection with job-related programs, activities, or accessibility regarding the use of college facilities.

2. Specifically, the prohibition against employment discrimination applies to all aspects of the hiring process and employment practices, including:

   1. hiring, demotion, promotion, reallocation, role change, in-band adjustment, layoff and transfer;
   2. performance management and employee development;
   3. performance management and employee development;
   4. corrective actions, including disciplinary actions; and
   5. compensation, faculty compensation actions, classified staff pay practices, benefits, and other terms, conditions, and privileges of employment.
3. The college shall, when requested, provide reasonable accommodations to qualified disabled applicants and employees so that he or she may perform the essential job functions of the position held or sought, unless to do so would constitute an undue hardship.

Procedures:

1. Accommodation requests

   Applicants

   1. An applicant for a position at Reynolds who may require an accommodation for a disability so that he or she may participate in the selection process, should contact the college’s EEO officer at (804) 523-5249, to request the accommodation. This information can be conveyed to the EEO officer verbally or in writing.

   2. The EEO officer will make every effort to comply with the request, in order to assist the applicant with the interview process, unless the request would constitute an undue hardship to the college.

   3. In those instances where an accommodation is granted, the EEO officer will followup with the applicant at the conclusion of the interview process to verify the adequacy of the accommodation and compliance with the law.

   Employees

   1. A disabled employee may initiate a request for a workplace accommodation by completing JSRCC Form No. 35-0100, Request for Accommodation.

   2. Completed form(s) should be returned to the college’s EEO officer at the Workforce Development and Conference Center, Suite 121, 1651 E. Parham Road, Richmond, VA 23228. The telephone number is (804) 523-5249.

   3. Requests for accommodation will be considered on a case-by-case basis. Depending on the nature of the disability and the accommodation requested, it may be necessary for the employee to have a licensed treating professional (LTP) complete JSRCC Form No. 35-0105, Medical Verification in Response to Accommodation Request.

   4. Upon receipt of JSRCC Form No. 35-0100, Request for Accommodation, the EEO officer will determine within three (3) workdays whether additional medical information is required.

   5. If additional medical information is not required, the college’s EEO officer will discuss the accommodation request with the employee’s immediate supervisor and will notify the employee of the decision, in writing, within ten (10) workdays following receipt of the JSRCC Form No. 35-0100, Request for Accommodation.

   6. If the EEO officer determines that additional medical information is required, the employee will be notified within three (3) days of receipt of JSRCC Form No. 35-0100, Request for Accommodation, that his or her licensed treating professional (LTP) must complete JSRCC Form No. 35-0105, Medical Verification in Response to Accommodation Request, and return it to the college’s EEO officer at the Workforce Development and Conference Center, Suite 121, 1651 E. Parham Road, Richmond, VA 23228.

   7. Upon receipt of the completed JSRCC Form No. 35-0105, Medical Verification in Response to Accommodation Request, from the employee’s licensed treating professional (LTP), the college’s EEO officer will discuss the accommodation request with the employee’s immediate supervisor and will notify the employee in writing within ten (10) workdays of the decision.

2. Appeal process

   1. In the event the employee disagrees with the determination and/or proposed accommodation, he or she may contact the college’s vice president of finance and administration at (804) 523-5867 to request an informal review. The vice president of finance and administration will make a determination within ten (10) workdays of such request.

   2. An employee may file a formal complaint with the Office of Equal Employment Services at the Department of Human Resource Management, 12th Floor, 101 North 14th Street, Richmond, Virginia 23219. The telephone number is (804) 225 2136.

Other Information:

Virginia Community College System (VCCS) Policy 3.14, Equal Employment Policy

Department of Human Resource Management (DHRM) Policy 2.05, Equal Employment Opportunity

Department of Human Resource Management (DHRM) Policy 2.10, Hiring

JSRCC Form No. 35-0100, Request for Accommodation

JSRCC Form No. 35-0105, Medical Verification in Response to Accommodation Request

The Office of Human Resources is responsible for the official interpretation of this policy and procedure. Questions regarding the application of this procedure should be directed to that office.