Texas Woman's University
University Policy Manual

PURPOSE

This policy sets forth the commitment of Texas Woman’s University to the nondiscrimination in the employment and hiring of persons with disabilities.

DEFINITIONS

Disability:  Any employee having a known mental or physical impairment that substantially limits at least one or more life activities of that individual; a record of such an impairment; or being regarded as having such an impairment.

Qualified Individual with a Disability:  A qualified individual with a disability is an individual who meets all the skills, experience, knowledge, educational and other job requirements for the position and can perform the essential functions of the position with or without reasonable accommodation.

Reasonable accommodation:   Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position he or she desires; modifications or adjustments  to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or modifications or adjustments that enable TWU  employees with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities.

POLICY

It is the policy of Texas Woman’s University (TWU) to provide equal access and opportunity to employees having a known physical or mental impairment as defined under the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), or the Texas Commission on Human Rights Act.  TWU prohibits discrimination on the basis of disability in all aspects of the application process and the employment relationship.

TWU Administrators shall make a reasonable workplace accommodation if required by the law for any employee with a disability that does not constitute an undue hardship.

Accommodation

Reasonable accommodation will be made unless the university administrators can demonstrate that doing so would cause an undue hardship.

If the university administrators believe that a requested accommodation would constitute undue hardship, they will submit a written statement of explanation to the ADA Officer, or his/her designee. Undue hardship shall conform to definitions provided by the Courts, the Americans with Disabilities Act, and the Texas Commission on Human Rights Act. In determining whether an accommodation would impose an undue hardship, factors to be considered include, but are not limited to, the nature and cost of the accommodation, financial considerations, the impact of the accommodation upon the nature and operation of the department, and how the request affects the health and safety of other employees.

Confidentiality of Records

All offices and individuals responsible for reviewing and analyzing the request will maintain the confidentiality of all medical and ADA information concerning employees. Records will be kept separate from personnel files and will be accessible only to authorized personnel.

Periodic Review

If a reasonable workplace accommodation is implemented, the ADA Officer, or his/her designee, shall periodically confer with the employee with the disability to determine continuation or discontinuation of the workplace accommodation.

Complaints

Any employee who believes that he or she has been denied a reasonable accommodation, discriminated against on the basis of disability, or retaliated against due to an accommodation request may submit a complaint to the Director of Human Resources or may initiate a grievance in accordance with the TWU Grievance Procedures Relative to Federal Employment Regulations and Statutes.

PROCEDURES

Any employee requiring an accommodation shall:

1. Notify his or her immediate supervisor as soon as practical, and
2. Inform the supervisor of the nature of the disability, and
3. Complete the attached Request for an ADA Accommodation form, and
4. Submit a copy of the above form to his or her immediate supervisor and the original to the ADA Officer.  

At the request of the ADA Officer, or his/her designee, the employee shall provide a medical statement within a reasonable time from the date of notification.  The medical statement shall contain a diagnosis, prognosis, and a description of the specific impairment(s), the major life functions or activities affected by the impairment and the degree of limitation to those functions and activities caused by the impairment, and what suggested and/or appropriate accommodations should be considered. 

The ADA Officer, or his/her designee, may request that the employee submit additional medical information if information previously provided is incomplete, unclear or inconsistent. TWU Administrators will be unable to grant a request for accommodation unless all the requested medical information is provided.

The ADA Officer, or his/her designee, will analyze the request and confer with appropriate TWU personnel, and the employee to ascertain the employee's requirements and input on a reasonable accommodation. The ADA Officer, or his/her designee, will determine and prepare guidelines including a recommendation concerning the request for a reasonable accommodation.

ADA accommodation requests that do not meet the legal definition of an ADA covered accommodation as outlined in this policy may still be considered.  These requests will be reviewed on a case-by-case basis and, at the discretion of university administrators, an accommodation may be agreed upon.

The ADA Officer duties and responsibilities are assigned by the policy and TWU to the Director of Human Resources and include the TWU Employment ADA Hiring Guide. 

ADA Accommodation Request Form