Reasonable Accommodation Fact Sheet
Harvard University implements exploration of possible Americans with Disabilities Act coverage and workplace reasonable accommodations for employees with disabilities who request them.
Definitions
Disability:
Under the Americans with Disabilities Act Amendments Act (ADAAA), a person is considered to have a disability if (1) he or she has a physical or mental impairment that substantially limits one or more major life activities such as, but not limited to, hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, major bodily function; (2) has a record of having such an impairment; or (3) is regarded as having such an impairment.
Reasonable Accommodations:
A reasonable accommodation is any change or adjustment to a job or work environment that permits a person with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by staff without disabilities. For example, a reasonable accommodation may include, but is not limited to:
- acquiring or modifying equipment or devices,
- job restructuring,
- modified work schedules,
- removing readily achievable barriers
It is important to note that employees must perform the essential functions of their jobs and meet all job-related requirements, with or without reasonable accommodations. What is reasonable by way of accommodation typically is a fact-specific inquiry informed by job requirements.
The Process
The Reasonable Accommodation Process, following the guidelines established by Title I of the ADA, is a collaborative and interactive process between the Faculty/Staff member, the “Accommodation Coordinator” (i.e., Human Resources or Faculty Affairs Officer), the manager/department head, and/or other appropriate personnel.
When a Faculty/Staff member with an impairment requests an accommodation to assist in the performance of a job, it is the Faculty/Staff member’s responsibility to obtain and submit supporting medical documentation from appropriate healthcare providers.
The documentation must:
- establish that the Faculty/Staff member has a physical or mental impairment that substantially limits a major life activity,
- identifies functional limitations related to the job
- Identifies duration of said functional limitations
- may provide recommendations for potential reasonable accommodations.
To assist healthcare providers in this regard, an employee should obtain a copy of their job description and/or a list of the essential functions of the job and provide to their healthcare provider.
In some instances, access to flexible leave opportunities such as, but not limited to, short term disability (STD), long term disability (LTD), Family Medical Leave Act (FMLA) may be an appropriate reasonable accommodation.
If necessary, Harvard may consult with employees’ health care provider(s) in order to explore possible reasonable accommodations as well as contacting the Job Accommodation Network (JAN).
The “Accommodation Coordinator” will review potential/suggested accommodations with the manager/department head, and other relevant personnel before a final offer of reasonable accommodations is made to the Faculty/Staff member (which may ultimately differ from what an employee prefers or what a health care provider may have proposed).