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Section IV.E.3. Employee Disability Accommodation Procedures These procedures (Lone Star College System)

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IV.E.3. Employee Disability Accommodation Procedures
Page 1 of 4
Section IV.E.3. Employee Disability Accommodation Procedures
These procedures supplement and clarify Section IV.E.3. of the Lone Star College System
District Policy Manual (“Board Policy”) last revised by the Board of Trustees on February 1,
2018—setting out the College’s policy regarding Employee Disability Rights.
Board Policy controls when a conflict arises between it and the procedures below. These
procedures were last updated on January 29, 2019. The notice and comment period was
open online to the public from November 8, 2018 to December 8, 2018.
1. Scope of Procedures. These procedures govern the application and eligibility for
qualified College employees seeking reasonable work accommodation for a disability. The
College provides reasonable, disability-based accommodations to qualified employees.
1
2. Definitions. Please note the following definitions for these procedures:
a. Disability. A disability is defined as a physical or mental impairment that
substantially limits one or more of the major life activities of an individual.
b. Qualified. A qualified employee has the requisite skills, experience, education,
licenses, etc. for the job and is able to perform the essential functions of the job, either
with or without reasonable accommodation.
3. Procedure Administration. The Office of Governance, Audit, and Compliance’s
Compliance Education & Training Department is responsible for administering these
procedures. The Executive Director of Compliance Education and Training (“Executive
Director”) is the primary point of contact regarding employee disability accommodations.
2
4. Employee Responsibility to Request Accommodation. Employees are responsible
for identifying themselves as individuals requesting disability-based accommodation.
Employees do not have to disclose the nature of their impairment to their supervisors.
Disability-based accommodation requests should be directed to the College’s Executive
Director or designee.
3
Employees requesting accommodation should complete the Employee Accommodation
Request Form (or written equivalent), include any relevant information, and email the
documents to LSC-EmployeeAccommodations@Lonestar.edu.
4
Employees may receive a
notification confirming receipt by the Compliance Education & Training Department.
Information regarding the nature of an employee’s impairment is not for supervisor
review.
1
The College understands that each person is unique and may require variance to these procedures to suit
individual needs. Procedure variances require the College’s Associate Vice Chancellor of Governance, Audit,
and Compliance’s consent.
2
The Executive Director may designate another employee to effectuate these procedures.
3
See Appendix A for contact information.
4
Employees may also request accommodation orally by contacting the Executive Director. See appendix A for
contact information.
IV.E.3. Employee Disability Accommodation Procedures
Page 2 of 4
5. Supervisors. Supervisors who receive an employee’s request for accommodation
should provide the employee the Executive Director’s contact information and should
forward the accommodation request to the Executive Director within two working days.
6. The Interactive Process. The interactive process begins once an employee requests
accommodation based on an impairment. Each interactive process is unique to the individual
employee and his or her circumstances.
5
The Executive Director or designee will engage in
an interactive dialogue with the employee regarding the impairment, limitations the
employee is experiencing, and, if eligible, potential reasonable accommodations that could
assist with those limitations. Employees are encouraged to suggest reasonable
accommodations they believe would allow them to perform their job functions. The College,
however, is not required to provide a specific accommodation requested by an employee and
may provide an alternative, effective accommodation to the extent any reasonable
accommodation can be made. The interactive process may also include the following:
a. Documents. If an employee’s impairment and need for accommodation are
not apparent, then the employee may be asked to provide supporting documents
verifying that the impairment meets the disability definition according to applicable
laws and necessitates a reasonable accommodation.
6
The employee is responsible for
submitting the requested documents. The request for reasonable accommodation
may be delayed or denied if the employee fails to timely provide the requested
documents.
An employee may submit current disability verification documents from a licensed or
certified health care provider qualified to treat and diagnose the employee’s
disability.
7
If the employee does not have current disability verification documents,
then the employee may use the College’s Employee Disability Verification Form and
have the appropriate health care provider fill out and sign the form. The health care
provider or employee then submits the form via email to LSC-
EmployeeAccommodations@Lonestar.edu, fax to (832) 246-0059, or hand delivery
to the Compliance Education & Training Department.
8
The College encourages
employees to submit the documents as soon as possible to ensure timely review.
The College keeps medical information received during the accommodation process
private to the extent permitted by law.
b. Review. The Executive Director or designee reviews the submitted documents
to determine whether the employee’s impairment meets the disability definition
5
For example, an individual with an apparent disability may not be required to provide the Employee Disability
Verification Form.
6
Employees are responsible for any costs associated with tests, evaluations, etc. required to obtain
documents requested. The College recommends employees review the Employee Assistance Program (EAP)
to see if any applicable resources are available.
7
Current documents typically means no more than five years old, but this can vary depending on the nature of
the disability.
8
The College may ask the employee for a release to verify the documentation if there is an authentication issue.
IV.E.3. Employee Disability Accommodation Procedures
Page 3 of 4
according to applicable laws. The Executive Director or designee may ask the
employee to provide additional documentation or a release permitting the Executive
Director or designee to discuss specific questions with the employee’s health care
provider.
c. Reasonable Accommodation. A qualified employee becomes eligible for
reasonable accommodation once the Executive Director or designee verifies the
employee’s disability and need for a workplace accommodation.
Reasonable accommodations are work-related modifications or adjustments that are
effective, plausible, and feasible. Accommodations are not considered reasonable if
they cause undue hardship (i.e. unduly extensive, substantial, or disruptive), require
alteration of essential job functions, or would fundamentally alter the nature of
operation of the College’s business. The Executive Director or designee determines
reasonable accommodations on a case-by-case basis considering various factors and
individualized assessment.
The Executive Director or designee may communicate with the employee’s
supervisor(s) throughout the process to ensure any proposed accommodation is
reasonable and effective in the workplace.
9
Supervisors, however, do not determine
the final accommodation.
The Executive Director or designee may propose effective and reasonable
accommodation(s) to the employee.
10
If the employee accepts the proposed
accommodation, the employee will acknowledge their acceptance in writing and then
the approved accommodation(s) will be implemented as specified.
11
7. Accommodation Reconsideration Requests. Employees may submit a written
request to reconsider denied accommodations or Executive Director-proposed
accommodations to the Associate Vice Chancellor of Governance, Audit, and Compliance.
12
The Associate Vice Chancellor’s decision is final unless the employee’s disability changes or
the employee receives additional information from the health care provider.
8. Accommodation Revisions. Employees needing a revision or change to their
approved accommodations should contact the Executive Director or designee. The Executive
Director or designee will determine if the requested change is supported by the documents
on file and will confer with the employee’s supervisor. The Executive Director or designee
may request additional documents to support the change if not previously provided.
9
The employee must be able to perform the essential functions of the job.
10
While the Executive Director or designee may consider the employee’s preferred accommodation, the
Executive Director or designee will ultimately choose the effective accommodation.
11
Accommodations are not retroactive. For example, if an employee disciplined for tardiness later reveals that
the tardiness was due to morning treatments for a disability, the supervisor does not need to rescind the past
discipline based on an approved accommodation modifying the employee’s schedule.
12
See Appendix A for contact information.
IV.E.3. Employee Disability Accommodation Procedures
Page 4 of 4
9.
Discrimination Complaints.
Employees who believe they are being
unlawfully discriminated against because of a disability may report the incident(s)
according to Board Policy section Prohibited Unlawful Discrimination and
Harassment. Employees may also submit a complaint using the College's electronic
reporting system.
13
Employees may, at any time, file a complaint with any
applicable state or federal agency or court.
10.
Conduct.
All College employees are held to the same conduct standards.
Employees who engage in conduct prohibited by Board Policy may be disciplined
up to and including employment termination.
11.
No Retaliation.
Employees will not be retaliated against for requesting an
accommodation in good faith. The College expressly prohibits any form of
discipline, reprisal, intimidation, or retaliation against any individual for
requesting an accommodation in good faith.
The College is committed to prohibiting retaliation. The College's effectiveness in
prohibiting retaliation depends largely on employees informing the College about
inappropriate workplace conduct. If employees feel that they or someone else may
have been subjected to conduct that violates Board Policy or these procedures,
they should report it immediately. Reports may be made to the College's electronic
reporting system,
14
the Executive Director of Compliance Education and Training,
or the Executive Director of Compliance and Incident Management.
15
If employees
do not report retaliatory conduct, the College may not become aware of a possible
policy violation and may not be able to take appropriate corrective action.
Effective Date: February 4, 2019
13
The Incident Reporting System can be accessed by going to the Lone Star College homepage and clicking on
the "Report Ethics Violations" link at the bottom right of the page.
14
The Incident Reporting System can be accessed by going to the Lone Star College homepage and clicking on the
"Report Ethics Violations" link at the bottom right of the page.
15
See Appendix A for contact information.
APPENDIX A
College Contact Information
Employee accommodation requests should be submitted using one of the following methods:
1. Email – LSC-EmployeeAccommodations@lonestar.edu (preferred)
2. Fax – (832) 246-0059
3. Hand delivery – Lone Star College System Office, The Woodlands
Compliance Education & Training Department
Office of Governance, Audit, & Compliance
In the event an employee requesting accommodation needs to directly contact an employee under
these procedures, please use the contact information below.
Name
Title
Email
Phone
Karen Miner
(primary contact)
Executive Director,
Compliance Education
and Training
Karen.L.Miner@lonestar.edu
(832) 813-6614
Sandra Gregerson
Associate Vice Chancellor,
Governance, Audit, and
Compliance
Sandra.G.Gregerson@lonestar.edu
(832) 813-6835
Claudia Madrigal
Executive Director,
Compliance and Incident
Management
Claudia.Madrigal@lonestar.edu
(832) 813-6617
Page 1 of 2
Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
For Questions, please call: (832) 813-6614 Employee Disability Accommodation Fax: (832) 246-0059
Employee Accommodation Request Form
Attention Employee: Please complete this form and return by email to
LSC-EmployeeAccommodations@lonestar.edu, by fax to (832) 246-0059, or by hand delivery to
the Compliance Education & Training Department if you are requesting reasonable
accommodation(s) based on disability.
Employee Name:
Employee ID:
Date:
Supervisor Name:
Department:
Location: Please check next to your work location below.
Campuses:
☐ LSC-Cy-Fair
☐ LSC-Kingwood
☐ LSC-Montgomery
☐ LSC-North Harris
☐ LSC-Tomball
☐ LSC-University Park
☐ LSC-Houston North
Centers:
☐ LSC-Atascocita
☐ LSC-Conroe
☐ LSC-Creekside
☐ LSC-Cypress
☐ LSC-East Aldine
☐ LSC-EMCID
☐ LSC-Fairbanks
☐ LSC-Greenspoint
☐ LSC-Process
Technology
☐ LSC-Victory
☐ LSC-Westway
Park Technology
Additional Locations:
☐ LSC-Health Professions Building
☐ LSC-Tomball Health Science Building
☐ LSC-Transportation Institute
☐ LSC-CHI Institute
☐ LSC-Energy & Manufacturing
Institute
☐ LSC-Process Technology Center
☐ LSC-System Office, The Woodlands
☐ LSC-System Office, University Park
☐ Other
Employee Information: (use additional pages as needed)
Please state your Disability, Impairment, or Condition. _______________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
Please describe how your condition limits your ability to perform your essential job functions.
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
Please describe the specific accommodation(s) you are requesting. _________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
Page 2 of 2
Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
For Questions, please call: (832) 813-6614 Employee Disability Accommodation Fax: (832) 246-0059
Please describe how the accommodation(s) will enable you to perform your essential job
functions. __________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
Please indicate the expected duration of the impairment(s).
☐ Permanent ☐ Temporary – Anticipated End Date: ____________________________________
Verification Documentation:
☐ I have included current documentation from a licensed or certified professional qualified to
treat and diagnose my disability, impairment, or condition.
☐ Current documentation is not attached.
NOTE: As a part of the accommodation process, the Executive Director of Compliance Education
and Training may need you to obtain additional information. The College reserves the right to
request health care provider documentation to verify the existence of a disability, impairment,
or condition to appropriately assess your functional limitations as they relate to your reasonable
accommodation request and essential job functions. You will be notified and your permission
obtained if this is necessary.
All information obtained during this process will be maintained and used in accordance with
disability law and College privacy requirements.
Page 1 of 2
Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
Lone Star College Employee Disability Accommodation Fax: (832) 246-0059
Employee Disability Verification Form
Attention Licensed or Certified Health Care Provider: Please complete this form and send to
LSC-EmployeeAccommodations@lonestar.edu or fax to (832) 246-0059. Please call (832) 813-
6614 if you have any questions.
NOTE: The College may only accept disability verification from a licensed or certified health care
provider qualified to treat and diagnose the employee’s disability. The information sought on
this form pertains only to the disability for which the employee is requesting accommodation
under applicable laws. In addition, if questions arise about the documentation provided, the
Executive Director of Compliance Education and Training may contact the provider for
clarification.
Employee Name:
Provider Name:
Specialization/Type of Practice:
Provider’s Practice Name & Address:
Provider Phone No.:
Provider Questions. A person has a qualifying disability under applicable law if the person
has an impairment that substantially limits one or more major life activities.
1. Does the employee have a physical or mental impairment? Yes No
2. What is the impairment?
3. Is the impairment permanent? Yes No
4. If not permanent, how long will the impairment likely last?
5. Does the impairment mean that the employee is substantially limited in a major life
activity?
Yes No
6. If you checked “yes” on No. 5, what major life activity is affected (select all that apply):
self-care walking hearing interacting with others
lifting standing seeing performing manual tasks
sleeping reaching speaking concentrating
breathing thinking learning reproduction
toileting sitting working
other:
Page 2 of 2
Lone Star College Employee Disability Accommodation Email: LSC-EmployeeAccommodations@lonestar.edu
Lone Star College Employee Disability Accommodation Fax: (832) 246-0059
Additional Comments:
PROVIDER SIGNATURE:
(Stamps or Designee Signatures are NOT accepted)
Date:
GINA NOTICE: (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring
genetic information of an individual or family member of the individual, except as specifically allowed by this law.
To comply with this law, we are asking that you not provide any genetic information when responding to this
request for medical information. “Genetic information” as defined by GINA, includes an individual’s family medical
history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s
family member sought or received genetic services, and genetic information of a fetus carried by an individual or
an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive
reproductive services.
Provider Accommodation Recommendations.
Do you have any suggestions regarding possible accommodations? If so, what are they?
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