UTMB HANDBOOK OF OPERATING PROCEDURES

Section 3 Human Resources Policies Subject 3.2 Equal Employment & Affirmative Action Policy 3.2.2 Americans with Disabilities Act Policy

10/20/99 -Originated 04/30/08 -Reviewed w/ changes -Reviewed w/o changes Human Resources -Author

Americans with Disabilities Act Policy

Policy

The University of Texas Medical Branch provides equal employment opportunities, with reasonable accommodations when appropriate, to qualified applicants and employees with disabilities. UTMB also provides to employees, students, and members of the general public who have disabilities equal access, with reasonable accommodations when appropriate, to the services, programs, and activities of UTMB.

Definitions

ADA - Americans with Disabilities Act of 1990. Auxiliary Aids and Services: Examples include qualified interpreter, qualified reader, note-taker, taped text, transcription service, modification of equipment, relay service, Telephone Text Devices (TDD's) which are telecommunication devices for deaf or hearing impaired, large print, Braille or written, telephone amplifier, listening system, open and closed captioning, audio recording, computer terminal, speech synthesizer, communication board. Note: The type of service needed will vary from case to case. Direct Threat - A direct threat is a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. For example, an employee with a communicable disease may constitute a direct threat. UTMB has the burden of establishing whether a direct threat exists. Approval of the ADA Coordinator must be obtained in order to use "direct threat" as the basis for an employment or program action. Disability: A physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or being regarded as having such impairment. Essential Function: Fundamental or material job duty, distinguished from marginal duty. Facility: Building or site owned, leased, used, or controlled by UTMB. Major Life Activity: A major life activity is an activity of central importance to daily life. Walking, sitting, standing, lifting, reaching, seeing, hearing, speaking, breathing, learning, and working are examples of major life activities

Definitions (cont'd)

Qualified Individual - Individual with a disability who, with or without a reasonable accommodation, can perform the essential job functions of the employment position the individual holds or desires. A qualified individual cannot be someone currently engaging in the illegal use of drugs, but can be someone who no longer illegally uses drugs and who has been successfully rehabilitated or is currently in the process of supervised rehabilitation. Reasonable Accommodation - Change or modification that enables a qualified individual with a disability to enjoy equal opportunity and/or access. Reasonable accommodation is required for persons with known physical or mental limitations arising from disabilities. UTMB is not required to provide “best” or “most desired” accommodation; the University can meet this obligation as long as its proposed accommodations are sufficient to satisfy the employment, learning or accessibility needs of the employee or student. Whether a proposed accommodation is reasonable will be determined by the ADA Coordinator. Accommodations that constitute an undue hardship are not reasonable. Record of Impairment - An individual with history of a physical or mental impairment that substantially limits one or more major life activities. This includes persons who have had a disabling impairment but have recovered in whole or in part and are not now substantially limited. Also included are persons who are not, and may have never actually been, impaired but nonetheless have been misclassified as having a disability. Regarded as Having Impairment - An individual who has a physical or mental impairment that does not substantially limit a major life activity, but who is treated as though it does. Substantially Limits - Prevents or severely restricts an individual from performing a major life activity Undue Hardship - Accommodation that would be unduly costly, substantial, or disruptive, or that would fundamentally alter the nature or operation of a university department, program, service, or activity. Consultation with the ADA Coordinator is required when making a determination of undue hardship.

ADA Coordinator

The responsibility for ensuring compliance with the ADA rests with the Director of the Office of Employee Relations. The Director of Employee Relations and the Human Resources Director for Correctional Managed Care will appoint ADA Coordinators to be responsible for overseeing and assisting in the implementation of ADA Final decisions about ADA requirements and accommodations will be made to the ADA Coordinator in Employee Relations who will also maintain the institution’s file on ADA cases.

Recruitment and Hiring

UTMB will not discriminate against qualified individuals with disabilities in terms of employment including application procedures, hire, tenure, promotion/advancement, termination, training, compensation and benefits. Before Recruitment: Hiring officials must submit the job description vacancy notice, and advertisement to Human Resources (HR) - Recruitment Services to be sure essential job functions are identified prior to recruitment. Before Making Job Offer: The university will not use standards, tests, or criteria that screen out or tend to screen out an applicant with a disability unless: • the criteria are job-related and required by business necessity; or • it is determined that an applicant will pose a direct threat to the health or safety of the applicant or others. Hiring officials and committees will not ask applicants about illness, disability, impairment, mental or physical condition, disease, hospitalization, prior absenteeism due to illness, medication, or claims for worker’s compensation before making a job offer. Hiring officials, in consultation with the ADA Coordinator in Employee Relations, may describe the essential job functions of the position and inquire if the interviewee is able to perform the job with or without reasonable accommodation. A hiring official or committee may request the applicant to describe or demonstrate how he or she will perform the essential functions of the position, and the type of reasonable accommodations desired.

Recruitment and Hiring, continued

After Making a Conditional Job Offer: A hiring official may require a medical examination and make medical inquiries of the selected candidate for the position but may not refuse to hire an individual with a disability unless the individual cannot perform the essential functions of the job with or without reasonable accommodation. The ADA Coordinator in Employee Relations must be consulted before refusing to hire a person based on the individual’s disability or limitations.

During Employment

A manager may require a job-related medical examination or ask medically-related questions of employees if: • the employee with a disability is treated identically to employees without disabilities; and • the medical examination or inquiry is job-related and consistent with business necessity (for example, related to an injury sustained by an employee who desires to return to work following a medical leave). Before denying or granting a request for accommodations, supervisors or administrators must contact the ADA Coordinator in Employee Relations. Records: Each hiring official or department will maintain records of the results of medical exams and medical inquiries for two years after receiving them. Such records and results will be maintained confidentially and separately from official personnel records. Program Access: It is the university’s goal to provide equal opportunities and access in settings as integrated as possible to all beneficiaries of university services, programs, or activities, including individuals with disabilities, provided that the accommodation does not result in undue hardship.

Drug and Alcohol Abuse

Individuals currently using drugs illegally are not considered qualified persons with a disability under the ADA. Additionally, the ADA does not cover individuals who currently abuse alcohol and are unable to meet the same performance and conduct standards applicable to all employees. The ADA does not prevent an employer from taking action to address, prohibit, or prevent alcohol or drug abuse in the workplace.

Drug and Alcohol Abuse, continued

The ADA does protect individuals who have overcome drug or alcohol addiction, including those who are in or have completed rehabilitation. UTMB may seek reasonable assurance that an applicant or employee is not abusing alcohol or illegal drugs. The appropriate unit’s administrative official must consult with the ADA Coordinator or Legal Affairs Office before requesting such assurance from an applicant or employee.

Structural Changes and Renovation

Facilities designed, constructed, or altered after June 26, 1992, must be accessible and usable by persons with disabilities, and must conform to the accessibility standards of the Americans With Disabilities Act Accessibility Guidelines (ADAAG). Alterations to existing buildings will comply with ADAAG except where compliance would threaten or destroy the historical significance of the building or facility, or existing physical or site constraints makes compliance technically infeasible. For example, compliance is technically infeasible if existing structural conditions would require removing or altering a load-bearing wall or column that is an essential part of the structural frame. However, UTMB will endeavor to provide alternative means to make its buildings and facilities accessible

Auxiliary Aids and Services

UTMB may provide auxiliary aids and services to individuals with disabilities to enable them to communicate effectively while at UTMB or attempting to receive the benefits of UTMB’s services, programs and activities, provided to do so is reasonable and will not result in undue burden or cause a fundamental alteration to a service, activity or program. If more than one type of accommodation is available, UTMB has the right to choose which accommodation it will provide. If a limitation cannot be accommodated reasonably in the manner requested by an individual with disabilities, UTMB may attempt to find another type of effective accommodation.

Filing a Claim of Discrimination

This procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA").  It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by UTMB.  The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem.  Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with

Filing a Claim of Discrimination, continued

disabilities upon request. The complaint should be submitted as soon as possible but no later than 60 calendar days after the alleged violation to: ADA Coordinator Department of Human Resources 2.208 Administration Building 301 University Blvd Galveston, Tx. 77555-0141 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will meet with the complainant to discuss the complaint and the possible resolutions.  Within 15 calendar days of the meeting, the ADA Coordinator or designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape.  The response will explain the position of UTMB and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or designee does not satisfactorily resolve the issue, the complainant may appeal the decision within 15 calendar days after receipt of the response to the President of UTMB by notifying the ADA Coordinator in writing that he/she wishes to do so. The ADA Coordinator will then forward all pertinent materials to the Office of the President within two working days of the receipt of the notification from the complainant. Within 30 calendar days, the President will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or designee, appeals to the President, and responses from these two offices will be retained by UTMB for at least three years. A request for an extension of time for any of the deadlines mentioned herein may be made by either the individual or the appropriate administrative official. The request shall be in writing and shall be sent to the: Vice President for Human Resources and Employee Services Room 3.118 Administration Bldg

Filing a Claim of Discrimination, continued	301 University Blvd Galveston, Texas 77555-0141 The Vice President for Human Resources and Employee Services shall make the decision regarding whether to grant an extension and who shall notify all parties in writing of the decision.
References	Institutional Handbook of Operating Procedures Policies: 2.12.2, Nondiscrimination 3.8.5, Job Accommodation/Modification 9.3.1, Resources Available for Patients with Disabilities 42 U.S.C. §§ 12101 et seq. 7.1.1 Students with Disabilities Students with Disabilities: An Institutional Policy