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Employee Disability Accommodation Policy

Introduction

Policy Statement

Washington and Lee University is committed to providing reasonable accommodations to qualified employees with physical or mental disabilities, in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. The University intends that these procedures will facilitate an interactive process of dialogue and timely exchange of information between the employee and the Executive Director of Human Resources (or designee).

Applicability

This policy applies to all employees.

Policy

It is the responsibility of an employee with a physical or mental disability who may require any type of accommodation to make the accommodation request. Employees requesting accommodation must provide appropriate documentation of: (1) a disability, which is a physical or mental impairment that substantially limits one or more major life activities; and (2) a need for accommodation, by virtue of the specific functional limitations of the disability, to perform the essential functions of their position.

The employee should contact the Executive Director of Human Resources, Washington and Lee University, 204 W. Washington Street, Lexington, Virginia 24450, (540) 458-8920. The employee will need to complete a "Request for Accommodation of Disability" form and an interview with the Executive Director of Human Resources (or designee), after which the Executive Director of Human Resources (or designee) will inform the employee about any further specific documentation required for the particular disability and accommodation requested.

Upon receipt of all required information and documentation from the employee and his/her diagnosing/evaluating professional, the Executive Director of Human Resources (or designee) will make the eligibility and accommodation determinations. The Executive Director of Human Resources (or designee) may consult with other educational, medical, or psychological professionals, including but not limited to the employee's supervisor/department head, as he/she deems necessary for appropriate evaluation of disability/accommodation, on a case-by-case basis. As soon as possible, preferably within two business weeks of receiving all required documentation on the request, the Executive Director of Human Resources (or designee) will issue a written response; either outlining offered accommodations or explaining why the employee was found ineligible.

An employee who disagrees with the decision of the Executive Director of Human Resources (or designee), or who seeks clarification of the decision, may, within three (3) business days of the decision, request an informal meeting with the Executive Director of Human Resources (or designee) for clarification or to request reconsideration of any aspect of the decision. Following the meeting, the Executive Director of Human Resources (or designee) will notify the employee in writing of any change in his/her decision, preferably within five (5) business days of the informal meeting. Thereafter, if the employee still disagrees with the decision, he/she may appeal the decision, in writing, to the Provost or designee (faculty) or Treasurer and Vice President for Finance and Administration (staff) within five (5) business days of the written notification from the Executive Director of Human Resources (or designee), stating in detail the basis for the appeal and furnishing all documentation in support of the appeal. The Provost/designee or Treasurer and Vice President for Finance and Administration will then review the appeal, the decision of the Executive Director of Human Resources (or designee), and all supporting documentation, may meet with the employee and the Executive Director of Human Resources (or designee), and may obtain any additional information he/she deems relevant. The Provost/designee or Treasurer and Vice President for Finance and Administration will render a written decision to the employee as soon as possible, preferably within two (2) business weeks of receiving the appeal and that decision is final.

Revision History

June 11, 2012 - Revised to provide for faculty appeals to Provost or designee and staff appeals to Treasurer and Vice President for Finance and Administration.

January 2009 - Revised to comply with ADA amendments.

Fall 2007 - Revised to correct HR Director title.