Requesting Employee Accommodations

Requesting Employee Accommodations

Under Title I of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, employers must make reasonable accommodations in order to provide employees with disabilities an equal opportunity to participate in employment, programs and activities, subject to various limits described in those laws.

The ADA is a non-discrimination law and the purpose of reasonable accommodations is to enable the prospective or current employee with a disability to perform a job. The University of Delaware is not required to give preferential treatment to individuals with disabilities or lessen qualification standards. The law does require that the University consider reasonable modifications regarding how qualified individuals with disabilities demonstrate their abilities and skills.

View the UD Employee Disability Accommodation Policy.

Definitions

A reasonable accommodation is a modification to a job or work environment that allows an individual with a disability to perform the essential functions of a job, apply for a job and have equal access to benefits, rights and privileges available to other individuals in the workplace.

A disability is a physical or mental impairment that substantially limits one or more major life activities of an individual. An individual that has a record of having such an impairment, or is regarded as having such an impairment, may also be eligible for accommodations. Major life activities can include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, caring for oneself, sitting, lifting, reading, standing and working.

Determining Reasonable Accommodations

Accommodations are determined on a case-by-case basis considering the functional impact of the disability and the nature of the job and department responsibilities. When determining accommodations, HR Employee and Labor Relations (ELR) considers:

  • The essential functions of the position 
  • Limitations imposed by the employee’s disability 
  • Barriers in the environment 
  • The nature and cost of other burdens of the accommodation

Examples of reasonable accommodations may include:

  • Job restructuring - may involve reallocating or redistributing marginal functions of the job
  • Modified work schedules and flexible leave policies to accommodate medical treatment and restrictions
  • Modification or purchase of equipment and assistive devices
  • Work in other than traditional office setting
  • Relocation of classrooms
  • Change in parking lot assignment

General Guidelines for Documentation for Employees with Disability

In order to fully evaluate requests for accommodations or auxiliary aids, the University of Delaware will need documentation of the disability that consists of an evaluation by an appropriate professional and describes the current impact of the disability as it relates to the request for accommodations.

All contact information and documentation received is kept in a separate, private file within the Office of Employee & Labor Relations (ELR). No information concerning inquiries about accommodations or the documentation will be released/discussed without written consent from the individual requesting accommodation(s).

Documentation is used to evaluate requests for accommodations or auxiliary aids. The evaluation process includes a review of the documentation and how a request for accommodations interfaces with the essential functions of the individual’s job.

The evaluation process will generate a list of potentially reasonable accommodations that are reviewed with the requester and their supervisor, as needed, based upon potential effectiveness, preferences of the requester, maximum level of integration and the potential for undue financial or administrative burden.

Documentation serves as the foundation of an employee's request for appropriate accommodation.

 

As appropriate, documentation should include:

  • A completed intake form with a clear statement of the disability, including diagnosis and prognosis.
  • Up-to-date documentation for eligibility — the age of acceptable documentation depends on the disabling condition, the current status of the employee, and the employee's request for accommodations.
  • A summary of evaluation procedures as well as diagnostic test/evaluation results used to make the diagnosis.
  • A statement describing the functional impact or limitations of the disability.
  • An explanation of the recommended accommodation and its relevance to the disability.
  • Dates of the initial meeting and the most recent meeting between the employee and medical professionals.
  • The credentials of the evaluating professional(s) including certification, licensure and/or the professional training of the individuals conducting the evaluation should be provided.

 

The guidelines are designed to assist you in working with your treating professional(s) to prepare the information needed to evaluate your request.

 

If, after reading these guidelines, you have any questions, please call the ELR Office at (302) 831-2171, by TDD at 831-4563 or e-mail employee-relations@udel.edu.

Prospective Employees to the University of Delaware

The University of Delaware does not exclude persons with disabilities and believes that people should be treated fairly and given opportunities equal to those of others working or seeking to work here. If you need a reasonable accommodation in any aspect of the job application process, please notify the Office of Human Resources.

How to Register

Employees seeking accommodations will be asked to:

  1. Complete the online Request for Employee Accommodations form through the Employee Portal by selecting “Start/Resume Application.
    Important: The portal for employee accommodations is separate from the DSS student portal. Always use the link above to access the Employee Portal. 
  2. Provide supporting medical documentation outlining abilities and restrictions.
  3. Provide a copy of their job description.
  4. Schedule an appointment with ELR to discuss their request for accommodations and auxiliary aids by contacting the ELR office at employee-relations@udel.edu.

Timeline for Review

If an employee contacts ELR, or a department notifies ELR that an employee is requesting accommodations, ELR will typically send an acknowledgement and request for this information within two business days from receipt of the initial inquiry.

Once the completed accommodation forms and appropriate medical documentation are received, the employee will have their initial appointment with ELR, which begins an interactive process with the employee and the department. While many requests can be resolved sooner, ELR strives to make a determination within three weeks of receiving appropriate documentation from the employee.

Accommodation Decision

Accommodation Provided

If ELR determines that an accommodation should be provided, the employee and supervisor are notified in writing and reasonable accommodations are implemented expeditiously. It is your responsibility to notify ELR and/or your supervisor if your accommodations are no longer working or if they are no longer needed.

Accommodation Denied

If the requested accommodation is denied, the employee will be notified in writing and will be provided rationale for the denial. If an alternative accommodation is offered, the reasons for denying the original request and replacing it with the alternative will be explained.

Additional Resources

If you need information about disclosure of your disability to your employer or supervisor, please view the Job Accommodation Network for information.

The University’s Faculty and Staff Assistance Program is a resource for employees who have a condition that may or may not fall under the ADA and would like information prior to meeting with the ELR office. Please visit the HealthAdvocate Resources Program and contact HealthAdvocate if you would like a confidential meeting.

More information about the ADA is available from:

If you have any questions regarding employee accommodations, please email employee-relations@udel.edu.