Policies

Reasonable Accomodations for State Employees

Policy Purpose

The purpose of this policy is to set forth the College’s commitment to provide reasonable accommodation to employees and applicants with disabilities or pregnancy-related conditions on a case-by-case basis through an interactive process.

Persons Affected

Faculty, Staff

Policy Statement

Farmingdale State College is committed to assuring equal employment opportunity for persons with disabilities. To this end, it is the College’s policy to provide reasonable accommodation to a qualified person with a disability to enable such person to perform the essential functions of the College position for which he or she is applying, or in which he or she is employed. This policy is based on the New York State Human Rights Law, Sections 503/504 of the Federal Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA), and all applicable Executive Orders and Memoranda.

The policy applies to all employment practices and actions. It includes, but is not limited to, recruitment, the job application process, examination and testing, hiring, training, disciplinary actions, rates of pay or other compensation, advancement, classification, transfer and reassignment, and promotions.

Otherwise qualified individuals with documented disabilities are eligible to request reasonable accommodation. The responsibility for initiating a request for accommodation lies with the individual with a disability. Every individual making a request for reasonable accommodation must provide sufficient documentation about the disability and functional limitations from a physician or other medical professional, psychologist, social worker, rehabilitation counselor, occupational or physical therapist, independent living specialist or other professional with knowledge of the employee’s disability or pregnancy-related condition. In accordance with federal and state regulation, the College will treat disability-related information in a confidential manner.

Procedures

1. Requesting Reasonable Accommodation:

a. Employees or applicants with disabilities may request a reasonable accommodation regardless of title, salary grade, bargaining unit, employment status or jurisdictional classification. An employee with a disability may request an accommodation at any time.
b. The responsibility for initiating a request for accommodation lies with the individual with a disability. Individuals requesting accommodation must submit the College’s Request for Reasonable Accommodation Form (attached hereto as Form A) to the Responsible College Official. If the request is made to the employee’s supervisor, the supervisor must forward the request to the Responsible College Official.
c. All requests for reasonable accommodation must be processed by the Responsible College Official. The Assistant Director of Human Resources has been designated as the Responsible College Official. The Responsible College Official will process the request in consultation with the appropriate parties, which may include the supervisor/department in the case of an employee.
d. Only the Responsible College Official may render a determination on any such request for reasonable accommodation. Supervisors/Departments do not have authority to approve employee requests for reasonable accommodation.
e. The Responsible College Official may request additional information or supporting documentation from the individual requesting reasonable accommodation. Such additional information/supporting documentation must be provided to the Responsible College Official, upon request, in order to continue with the review and assessment process. Such information/documentation includes, but is not limited to, information regarding the specific functional limitations of the individual, information regarding the precise job limitations imposed by the disability, medical documentation, and/or information regarding specific type or types of accommodations that might be effective. The Responsible College Official may require the individual requesting accommodation to submit the Supplemental Information/Medical Documentation Form (attached hereto as Form B).
f. Once the Responsible College Official has been provided with sufficient information/documentation, such official will determine whether or not there is an accommodation that would enable the individual to perform the essential functions of their job in a reasonable manner, or to enjoy equal benefits and privileges of employment. Such determination will be made in consultation with the employee’s supervisor.
g. The appropriateness of an accommodation is determined through an interactive process that involves the individual with a disability, the individual’s supervisor/department (where applicable), and the Responsible College Official. The College is ultimately responsible for selecting the accommodation that enables the employee to perform the essential functions of the position.

2. Appeal of Denial or Modification of Reasonable Accommodation

a. Where the Responsible College Official determines that the College will offer an accommodation different from the one requested and/or the College is unable to provide a reasonable accommodation, the individual requesting accommodation will be provided with information on additional alternatives, which includes filing an appeal or filing a discrimination complaint if the individual believes that the College’s denial of the accommodation was unlawful.
b. An individual wishing to initiate an appeal must do so within 15 calendar days from the date of denial or modification of a reasonable accommodation by submitting a written appeal to the Director of Human Resources. The Director of Human Resources will notify the employee in writing whether or not the appeal is approved or denied.
c. An individual wishing to file a discrimination complaint should follow the College’s Discrimination and Sexual Harassment Complaint Policy and Procedure. Such procedure contains pertinent information regarding the options for filing internal complaints or external complaints through federal and/or State oversight agencies, including the Equal Employment Opportunity Commission and the New York State Division of Human Rights.

Definitions

Reasonable Accommodation - The New York State Human Rights Law, the Rehabilitation Act of 1973, and the Americans With Disabilities Act require that certain employers provide reasonable accommodation to the known physical or mental limitations of otherwise qualified applicants or employees with disabilities, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of its business. Reasonable accommodation refers to the modifications or adjustments to a job application process which enables a qualified individual with a disability to be considered for the position sought and to modifications or adjustments to the work environment or the manner or circumstances under which a job is performed which permit an employee to perform their 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.

Related Documents

Discrimination and Sexual Harassment Complaint Policy and Procedure

Responsible Office

Human Resources

Policy History

Approval Date: 1/9/2024