Employee Process for Requesting Accommodations Procedure


The College is committed to ensuring equal access to employment opportunities and support by providing reasonable accommodations for employees with documented disabilities and medical or pregnancy-related conditions in accordance with the Policy on Accommodations. The process outlined below has been implemented so that employees can request reasonable accommodations. 

I. Employee Procedure for Requesting Accommodations

The responsibility of initiating a request for reasonable accommodations lies within the prospective employee, or current employee with a disability. A request and determination of reasonable accommodations is processed through the Director of Accessibility Services in the Office of Accessibility Services or designee. Qualified applicants and employees in need of an accommodation shall make a request verbally or in writing to the Director or designee at any time.  

The procedure below describes how a reasonable accommodation can be requested by a prospective employee or current employee: 

  1. The employee must complete the Employee Accommodation Request Form.
  2. The employee must provide supporting medical documentation required in accordance with applicable laws to register with the Office of Accessibility Services. The Employee Medical Inquiry Form should be completed by the individual’s medical provider.
  3. The employee must submit the Employee Request Form and Employee Medical Inquiry Form to the Director or designee.
  4. Upon submission of the requested forms, the Director or designee will conduct a comprehensive review and meet with the employee to engage in the interactive process to discuss the accommodation request in greater detail.
  5. The Director or designee will meet with the area supervisor, area leadership, and Human Resources for a consultation regarding the employee’s accommodations and essential functions of the employee’s position. The goal of the consultation is to determine whether the requested accommodations pose an undue hardship, and, if so, alternative accommodations will be explored.
  6. If the employee is found to be eligible for reasonable accommodations, the Director or designee will notify the employee’s supervisor in writing to formally report the employee’s eligibility for accommodations under the ADA.
  7. The Director will respond to the employee in writing and provide a formal Letter of Accommodation noting the approved accommodation and the effective date within thirty (30) days following the interactive process. The Letter of Accommodation will be submitted to the employee’s supervisor and to the Office of Human Resources to be kept in the employee’s personnel folder.

Delays in providing requested documentation may result in the inability to implement reasonable accommodation requests within a timely manner.

 

II. Decision on the Reasonable Accommodation Request: 

Upon thorough review of the process in this procedure, the Director will notify the employee in writing of the approval or the reason(s) for the denial of the request. If employees disagree with the decision or with the proposed accommodations plan, they may appeal using the Accessibility Services Grievance Procedure for Employees and Community Members. 

 

III. Disability and Accommodation Resources:

Questions or concerns regarding the policy, procedure or allegations of non-compliance should be directed to the following:  

Danielle L. Lopez
Director of Accessibility Services
Section 504/Title II Facilities Coordinator
Office of Accessibility Services
71 Sip Avenue (L010)
Jersey City, NJ, 07306
(201) 360-5337
dlopezFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Josianne Payoute
Director of Benefits and Compensation
Office of Human Resources
70 Sip Avenue
Jersey City, NJ, 07306
(201) 360-4072
jpayouteFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

TBA
Vice President for Human Resources
Office of Human Resources
70 Sip Avenue
Jersey City, NJ, 07307
(201) 360-4071  

Yeurys Pujols, Ed.D.
Vice President for Institutional Engagement and Excellence
Title IX Coordinator
Office of Institutional Engagement and Excellence
71 Sip Avenue
Jersey City, NJ, 07307
(201) 360-4628
ypujolsFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

 

IV. Forms for Employees Requesting Reasonable Accommodations:

Please contact the Office of Accessibility Services if you have questions or concerns regarding the request forms. Alternate formats are available upon request.  

Employee Accommodation Request Form
Employee Medical Inquiry Form

 

V. Definitions: 

Accessibility:  the proactive practice of providing access to information, activities, or environments in a way that is inclusive, equitable, meaningful, and usable for as many people as possible, including people with disabilities. 

Auxiliary aids and services: ensure effective communication and include qualified sign language interpreters, notetakers; real-time captioning; closed captioning, alternate formats, accessible electronic and information technology, etc.
Example: Providing accurate closed captioning of video content to individuals who are deaf or hard of hearing to have access to the same information in an equally integrated manner. 

Disability: Under the Americans with Disabilities Act (ADA), the word “disability” is defined as a person; 1) who has a physical or mental impairment that substantially limits one or more major life activities; or, 2) a person who has a history or record of such an impairment; or, 3) a person who is perceived by others as having such an impairment.  

Essential Job Functions: Essential functions are those job activities fundamental to the position that are determined by the employer to be core to performing the job. A function is essential if not performing or modifying that function would fundamentally change the job and/ or occupation for which the position exists. 

Equal access and opportunity: the opportunity for a qualified person with a disability to participate in or benefit from educational aid, benefits, or services that is equal to and as effective as the opportunity provided to others. 

Interactive Process: a discussion about an applicant's or employee's disability- applicant or employee, health care provider and employer each share information about the nature of the disability and the limitations that may affect his or her ability to perform the essential job duties. This discussion is the foundation of compliance with the Americans with Disabilities Act. 

Major Life Activity: Under the ADA, major life activities refer to functions that are most important to one’s daily life such as breathing, walking, talking, hearing, seeing, sleeping, caring for one’s self, performing manual tasks, and working. 

Under the Americans with Disabilities Act Amendment Act of 2008, the term “major bodily functions” was implemented to include functions such as immune system functions; normal cell growth; digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.  

Qualified Individual with a Disability: A person with a disability who, as defined, can reasonably perform the activities (i.e., the essential functions) involved in the job and who satisfies the requisite skill, experience, education and other job-related requirements of the position which the individual holds or desires. 

Reasonable Accommodation: Reasonable accommodation refers to the modifications or adjustments to a job application process that enables a qualified individual with a disability to be considered for the position sought, to receive modifications or adjustments to the work environment, or the manner or circumstances under which a job is performed which permits the employee to perform the job in a reasonable manner. An accommodation is reasonable if it removes or mitigates the barriers to performance caused by the individual’s impairment and does not cause undue hardship to the employer. Accommodations are determined during the interactive process with the prospective employee or current employee and are determined based on the nature of the job and departmental responsibilities. Examples of accommodations include but are not limited to the following:

Modified work schedules and flexible leave policies to accommodate medical treatment and restrictions.

Modification or purchase of equipment and assistive devices.

Pregnancy-related conditions are covered under the Pregnant Workers Fairness Act (“PWFA”). Under the PWFA, applicants or employees may be eligible for reasonable accommodations due to known limitations related to, or affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.  

Substantially limiting: significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major life activity. 

Undue Hardship: an accommodation or action requiring significant difficulty or expense when considered in light of factors such as the College’s size, financial resources, and the nature and structure of its operation. Undue Hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.

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