PIM 50: Reasonable Accommodation

Dated: March 1, 2016
Revised: October 18, 2024
Category: Employee Relations/Compliance
Contact: Director of Employee Relations – Ext. 7-6058

General

The University of North Carolina at Charlotte (UNC Charlotte) provides reasonable accommodation to qualified employees and/or applicants who are disabled or become disabled and need assistance to perform the essential functions of their positions and who have a known limitation related to pregnancy, childbirth, or related medical conditions.

The purpose of the following is to assist qualified UNC Charlotte employees and/or applicants with disabilities in requesting reasonable accommodations related to position responsibilities. This procedure applies to all qualified applicants and university employees with disabilities and who have a know limitation related to pregnancy, childbirth, or related medical conditions. This includes SHRA and EHRA employees who are in assignments considered part-time, full-time, probationary, career status, adjunct, or temporary (which includes student employees).

The overall intent of this guidance is to ensure that UNC Charlotte fully complies with the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA), and maintains equal opportunity in employment for all qualified individuals with a disability and know limitations related to pregnancy, childbirth, or related medical conditions.

Employees and/or applicants are protected from retaliation for requesting an accommodation or disclosing a disability.

Definitions

  • Disability – a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or being regarded as having such an impairment.
  • Qualified Individuals with Disabilities – 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 – a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to enjoy equal employment opportunities.
  • Undue Hardship – 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.
  • Essential Functions – the fundamental duties of the position or the primary reasons the position exists.
  • Known Limitation – a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or the employee’s representative has communicated.

Types of Reasonable Accommodations – Disability

Following are some examples of different accommodations that may be considered for a qualified individual with a disability:

  • 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
  • Use of accessible campus-wide transportation services

UNC Charlotte is not obligated to provide personal use items needed in accomplishing daily activities both on and off the job or personal use amenities such as:

  • Eyeglasses
  • Hearing aids
  • Prosthetic limbs
  • Wheelchair/Scooter
  • Refrigerator
  • Transportation to and from work
  • Items not provided to employees without disabilities

Types of Reasonable Accommodations – Pregnancy

Following are some examples of different accommodations that may be considered for an individual with a known pregnancy-related limitation:

  • Redistributing marginal or nonessential functions (for example, occasional lifting) that a pregnant worker cannot perform, or altering how a non-essential or marginal function is performed.
  • Redistributing an essential function of a job if:
    • any inability to perform an essential function is for a temporary period;
    • the essential function could be performed in the near future; and
    • the inability to perform the essential function can be reasonably accommodated.
  • Modifying workplace policies, such as allowing a pregnant worker more frequent breaks or allowing them to keep a water bottle at a workstation even though keeping drinks at workstations is generally prohibited.
  • Modifying a work schedule so that someone who experiences severe morning sickness can arrive later than their usual start time and leave later to make up the time.
  • Allowing an employee to take leave or time off to recover from childbirth, including instances in which the employee is not eligible for FMA or other types of leave.

Requesting Reasonable Accommodation

Current employees or applicants who have received an offer of employment

  1. Making the Request: To initiate a request for a reasonable accommodation, an employee or applicant offered employment should submit an Accommodation Request Form outlining their need for accommodation and submit it to the ADA Consultant in the Human Resources Department at ada-hr@charlotte.edu. Supervisors who have been notified by an employee for an accommodation should promptly contact the ADA Consultant or the Employee Relations Unit for assistance (via email at ada-hr@charlotte.edu or phone at (704) 687-0658).  The form must identify the functional limitations with respect to the disability, and identify the requested accommodation(s).If an employee is having difficulty performing his/her job, the supervisor, in consultation with the ADA Consultant, should inform the employee of the existence of the University’s policy to provide reasonable accommodations. If the employee requests a reasonable accommodation, the procedures in this policy shall apply. However, if the employee does not request an accommodation, an accommodation will not be offered nor provided.
  2. Supporting Medical Documentation: An individual who identifies as having a disability or pregnancy-related limitation and requests a reasonable accommodation may be required to provide documentation to the ADA Consultant, including medical records, sufficient to establish the existence of the claimed physical or mental impairment or pregnancy-related limitation and the need for accommodation. The information should be current (within the last six months) and have been prepared by a qualified professional. Note: Supporting documentation would be requested by the ADA Consultant and would be submitted by the requester directly to the ADA Consultant. Any documentation received will be considered confidential and kept in a secured file separate from the employee’s personnel file. Employees are not required to provide medical documentation directly to their supervisor or other departmental management and are advised to notify the Employee Relations Unit if they are asked to do so. 
  3. Supporting Medical Opinion: The University may require the employee, or applicant receiving an employment offer, to undergo further evaluation by qualified professionals to verify or further establish the claimed disability, the need for an accommodation, and to provide a basis upon which a reasonable accommodation can be developed or implemented. This does not apply to individuals with a pregnancy-related limitation.
  4. Supervisor’s Duty to Report Implemented Accommodation: In some cases where the disability is obvious and the requested accommodation is agreed upon and implemented by the supervisor, hiring manager, or other departmental staff, the accommodation must be documented by notifying the ADA Consultant of the name of the employee, date of accommodation, type of accommodation made, and any costs incurred as a result of the accommodation. For example, a wheelchair user requesting to use  workstation that is larger and more accessible is implemented by simply relocating other employees to different workstations and moving the employee into the larger workstation. All other types of accommodation must be processed through the Human Resources Department by contacting the ADA Consultant.
  5. Accommodation While Traveling for Work: Employees who require accommodation while traveling on University business are expected to contact transportation carriers (i.e. airlines, car rental companies, etc.), hotels, conference venues, etc., and request accommodations prior to submitting a request to their supervisor or the ADA Consultant. In most cases, companies serving the public are obligated to and able to accommodate individual requests.
    • If there is a charge incurred to accommodate the request, or an accommodation is denied and an exception to University travel policies is needed, employees need to submit a Request Form prior to traveling. Documentation showing a request was made and denied by the company may be required.
    • When the accommodation requires a modification to University travel policies, information regarding the request and accommodation granted is shared with appropriate staff in financial services if needed (information regarding the specific medical condition is considered confidential and is not shared by the Human Resources Department).
    • Employees who are unable to use motor fleet services and need to use their personal vehicle for travel due to a disability need to submit an Accommodation Request Form in order for an exception to be made to University travel policies regarding mileage reimbursement. This does not apply to employees who desire to use their own vehicle because of personal preference or comfort.

Applicants for Employment:

  1. Applicants invited for an interview should be informed of UNC Charlotte’s policy requiring reasonable accommodations during the hiring process. For example, it is good practice to ask applicants to let the hiring manager know if they need any accommodation when they are contacted for an interview.
  2. All applicants should make requests for accommodations through the contact person as identified in the vacancy announcement or the Human Resources Department by emailing ada-hr@charlotte.edu or calling (704) 687-0658. When requested by an applicant with a disability, the University is prepared to modify or adjust the job application process to make reasonable accommodations enable the applicant to be considered for the position he/she desires.
  3. Each applicant is responsible for making timely and complete disclosures and specific requests regarding accommodations to meet their particular needs in order to enable the ADA Consultant to provide an appropriate response. It is strongly recommended that requests for accommodations be made as soon as possible to avoid delays in providing reasonable accommodations.
  4. An interviewer may not ask an applicant whether or not they have a disability. This includes any type of disability. If the applicant volunteers information about a disability, the interviewer shall not ask any questions relating to the nature or extent of the disability or whether treatment will be necessary.
  5. With respect to the ability to perform required job duties, an interviewer may ask each applicant whether or not they are able to perform the essential functions of the job applied for with or without reasonable accommodation.
    • If an applicant indicates in response to such an inquiry that they can perform the essential functions of the job but does not volunteer comment on the need for accommodation, then no inquiry shall be made about the need for an accommodation.
    • If, however, the applicant indicates in response to such an inquiry that they can perform the essential functions of the job and does volunteer the need for an accommodation, the interviewer may ask the applicant how they will perform the essential functions of the position and what accommodation will be necessary.

Reviewing Accommodation Requests

As each individual is unique, each request for an accommodation shall be reviewed on a case-by-case basis. The employee or applicant will be involved in the process of determining potential reasonable accommodations.

The following are considered when reviewing requests:

1. An analysis of the job requirements and identified essential and non-essential job functions. A job function is essential if the job exists to perform that function. For example, for a position as a proofreader, the ability to read documents accurately is an essential function because that is the reason the position exists. Additionally, a job function may be essential because of the limited number of employees available to perform the function, or among whom the function can be distributed.

2. Identify job-related limitations by consulting with the individual and by reviewing documented functional limitations.

3. The individual and their health care provider may be asked to provide documented information concerning the individual’s work restrictions. A current job description that outlines essential and non-essential job functions must be used by the health care provider to determine the functional capabilities of the individual and as a basis for recommendations for the University to consider.

4. The University is not obligated to provide a requested accommodation if to do so would pose an undue hardship. Undue hardship is defined as any action requiring significant difficulty or expense, taking into account such factors as:

  • Nature and cost of the accommodation
  • Overall financial resources of the campus
  • Number of persons employed in the facility
  • Effect of the reasonable accommodation on resources
  • Impact of the accommodation on operations
  • Eliminating an essential function of the position
  • Lowering quality or production standards

No single factor is intended to have any particular weight. Rather, all the factors are considered together in determining whether providing an accommodation imposes an undue hardship on the campus.

Providing Accommodation(s)

1. The ADA Consultant will make the decision to approve or deny an accommodation request. Such decisions will involve the interactive process as required by the ADA Consultant  and PWFA, and may also involve consultation with the Office of Disability Services.

2. The decision to approve or deny an accommodation request must be made in writing and provided to the applicant or employee within 20 working days after the submission of a request (the 20 working days may be extended for an additional 10 working days for the purposes of securing requested medical documentation). If an accommodation request is denied, the written decision must inform the employee or applicant of the appeal procedures available to that individual as listed in this policy.

3. Where there is more than one effective accommodation, the final decision as to which accommodation will be provided shall be made by the ADA Consultant after consideration of the request of the individual, the documentation provided, the essential functions of the position, and advice from other appropriate personnel. The University is not required to provide the exact accommodation requested and may provide other alternatives. For example, an individual may request a specific piece of equipment for which a less expensive, but effective, alternative may be available.

4. A qualified individual with a known limitation due to pregnancy is not required to accept an accommodation other than any reasonable accommodation arrived at through the interactive process and is not required to take leave, whether paid or unpaid, if another reasonable accommodation can be provided.

5. A qualified individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit that such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot as a result of that rejection, perform the essential functions of the position, the individual will not be considered a qualified individual with a disability.

6. When no reasonable accommodation is available to allow an employee with a disability to remain in their current position, the employee is encouraged to contact the Benefits Department to determine eligibility for family medical leave, disability leave, retirement or other benefit options.

7. All material and information collected from an applicant or employee regarding the individual’s accommodation request shall be considered confidential information and be kept in a separate file. Upon completion of the decision-making process regarding the accommodation request, all material collected will be kept in a separate, locked file by the Employee Relations staff. This information will be confidential with the following exceptions:

a. Supervisors and managers may be informed regarding necessary accommodations or necessary restrictions on the work or duties of the employee.

b. First aid and safety personnel may be informed, when appropriate, if the disability might require alternative actions in emergency situations.

c. Government officials investigating compliance with non-discrimination laws shall be provided relevant information on request.

8. The ADA Consultant will periodically monitor the effectiveness of accommodations provided to applicants or employees and may request additional medical information to support continuing and/or modifying the accommodation.

Appeals

Employees dissatisfied with the decision(s) pertaining to his/her accommodation request may file a grievance in accordance with established grievance procedures for their employment classification.

  1. Subject to the Office of State Human Resources Act (SHRA) employees – Present grievance in accordance with procedures outlined in PIM 35, Grievance and Appeal Procedures for Employees Subject to the State Human Resources Act.
  2. Exempt from the State Human Resources Act (EHRA) Non-Faculty Employees – Present grievance in accordance with procedures outlined in PIM 36, EHRA Non-Faculty Grievance Process.
  3. Faculty – Procedures for Resolving Faculty Grievances Arising from Section 607(3) of The Code of The University of North Carolina.

Applicants may utilize the University’s complaint procedures under the Equal Employment Opportunity and nondiscrimination policies.

Resources

North Carolina State Office of Human Resources Reasonable Accommodation Policy
University Policy 101.5, Equal Employment Opportunity
University Policy 501, Nondiscrimination and Procedures for Addressing Reports of Discrimination
University Policy 501.1 Nondiscrimination on the Basis of Disability Regulation

Students who are enrolled at UNC Charlotte but not employed by UNC Charlotte should contact the Office of Disability Services for assistance with requesting an accommodation.

PIM Number: 50
PIM Category: Employee Relations