Middlebury

 

Definition of Terms

 

Disability

For purposes of this policy, an individual has a disability if s/he:

a) has a physical or mental impairment which substantially limits a “major   life activity”,

b) has a record of having a substantially limiting impairment, or

c) is regarded as having a substantially limiting impairment.

Impairments

Examples include physiological disorders or conditions, mobility   impairments, sensory impairments, cosmetic disfigurements, anatomical loss,   mental or psychological disorders, mental retardation, emotional illness, and   learning disabilities.

Major Life

Activities

Major life activities include, but are not limited to, caring for oneself,   performing manual tasks, walking, sitting, seeing, hearing, speaking,   breathing, learning, and working.

An Otherwise

Qualified Employee

or Applicant

An otherwise qualified employee or applicant under this policy is an   employee or applicant who meets the skill, experience, education, and other   job-related requirements of the position s/he holds or seeks, and who is able   to perform the essential functions of the position with or without reasonable   accommodation. Nothing in this policy obligates the College to hire or   promote an individual with disabilities who, with or without reasonable   accommodation is not the best qualified for the position in question.

Reasonable Accommodations

Description

The College is prepared to modify or adjust the job application process,   the position or work environment to make reasonable accommodation to the   known disabilities of an otherwise qualified applicant or employee to enable   him/her to be considered for the position sought, to perform the essential   functions of the job, or to enjoy the benefits and privileges of employment   substantially equal to those enjoyed by others without disabilities, unless:

a) The accommodations would impose an undue hardship on the business   operations, or

b) Even with reasonable accommodation, the individual would still pose a   direct threat of substantial harm to the health or safety of him/herself or   others.

An accommodation that would be unduly costly, extensive, substantial, or   disruptive or that would fundamentally alter the nature or operation of the   business would impose an undue hardship.

Examples

Examples of reasonable accommodations include: restructuring jobs by reallocating   or redistributing non-essential functions; altering when or how an essential   job function is performed; modifying schedules; permitting exceptional use of   accrued leave or leave without pay; acquiring or modifying equipment or   devices; allowing the use of special equipment or devices provided by the   individual; making facilities accessible; or reassigning employees (but not   applicants) with disabilities to vacant positions for which they qualify.

Procedures

Request for

Accommodation

Any employee or applicant may at any time inform his/her immediate supervisor or Human Resources of a request for a reasonable accommodation under this policy, or may indicate that an adjustment or change is needed in his/her job because of disability-related limitations. Individuals with disabilities must provide Human Resources with a completed Request for Accommodation form to assist the College in determining if and what reasonable accommodation should be provided that would enable the employee to perform the essential job functions properly and safely. Employees or applicants with disabilities may also identify equipment, aids or services that they are willing to supply and use.

Verification of

Need

An otherwise qualified individual who requests reasonable accommodation may be required to provide documentation, including medical records, sufficient to establish the existence of the claimed disability and the need for accommodation. The College may also request information from employees (but not applicants) about disabilities and/or potential accommodations, which is job-related and justified by business necessity. The College may require an employee to undergo an evaluation by medical personnel retained and paid by the College to verify the existence or nature of a disability and to provide a basis upon which a reasonable accommodation can be assessed. All information obtained about the medical condition or history of the employee will be treated as confidential.

Determination

Human Resources, in consultation with medical or other authorized personnel, will determine whether the College considers the individual to be disabled. If the College determines that the individual is not disabled, s/he will be notified that reasonable accommodation will not be provided.

Assessment of

Accommodation

When an individual is determined to be disabled, an assessment of the availability of reasonable accommodation will be made by Human Resources, individually, or in consultation with the appropriate supervisor or medical or other authorized personnel retained by the College. Each situation will be assessed on its own unique facts. Factors to be examined include: the purpose and essential functions of the job; the precise job-related abilities and functional limitations of the individual and how those limitations could be overcome with reasonable accommodation(s); the nature and cost of the accommodation needed in relation to the College’s financial resources; and other federal and state regulatory requirements. In deciding what, if any, accommodations will be offered, the College will consider, but not be bound by, the input and preference of the individual involved.

Notification

The individual will be notified of the College’s decision regarding providing reasonable accommodation. Reasonable accommodation does not negate requirements for good job performance or adherence to generally applicable standards of production or conduct.