Current through all regulations passed and filed through September 16, 2024
(A) Purpose
The purpose of this rule is to
ensure that a
qualified applicant for employment or an employee with a disability receives
reasonable accommodation in the work place as required by
the Americans with Disabilities Act (ADA), Section 504
of the Rehabilitation Act, and state and local requirements regarding persons
with disabilities. The university is enriched by persons with disabilities in
its student body and employees, it is important to also understand and support
the needs and rights of these individuals.
(B) Scope
This rule applies to all applicants for employment and to all
employees of the university including but not limited to faculty,
administrative staff, unclassified hourly employees, classified civil service
employees, and student employees.
(C) Definitions
(1) Consult rule
3349-7-01 of the Administrative
Code.
(2) "Disability" refers to:
(a) A physical or mental impairment that
substantially limits one or more of the major life activities of an
individual;
(b) A record of
physical or mental impairment; or
(c) Being regarded as having a physical or
mental impairment.
(d) "Disability"
does not include a substance abuse disorder resulting from current alcohol
abuse or current illegal use of any drug.
(3) "Direct threat" refers to a significant
risk to health or safety of others that cannot be eliminated by reasonable
accommodation.
(4) "Reasonable
accommodation" includes, but is not limited to:
(a) Making existing facilities used by
employees readily accessible to and usable by employees with disabilities;
and
(b) Job restructuring, modified
work schedules, acquisition or modification of equipment or devices, the
provision of qualified readers or interpreters and other similar
accommodations.
(5)
"Qualified individual with a disability" refers to an individual with a
disability who, with or without reasonable accommodation meets the essential
eligibility requirements for the receipt of services or participation in
programs or activities provided by the university.
(6)
"Major life
activities" include but are not limited to caring for oneself, performing
manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting,
bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, and working.
(D) Rule statement
(1) The university's rule is to comply with
the provisions of federal and state of Ohio law regarding persons with disabilities in the workplace. Under
those laws, no otherwise qualified individual with a disability will be denied
access to participation in services, programs, or activities of the university
solely by reason of his or her disability. All employees will be held to the
same performance standards and must be able to carry out the essential
functions of their positions or programs with or without reasonable
accommodation
.
(2)
The university
strictly prohibits any form of retaliation against any employee who requests an
accommodation, reports or participates in the investigation of a complaint, or
otherwise exercises rights secured by this rule.
(3)
Disclosure of disability and documentation.
(a) Disclosure is a matter of choice. An
employee with a disability may choose not to request reasonable accommodations
unless the disability presents a direct threat to the health or safety of
others.
(b)
Upon request of employees with disabilities, the university
will make efforts to provide reasonable accommodations; however, the university
is unable to make accommodations that impose an undue burden, present a direct
threat to the health or safety of others, or fundamentally alter the nature of
its programs, services, or activities.
(c) However, employees
who choose to request an accommodation must disclose the underlying disability
and provide documentation as required under this rule.
(d)
Request for reasonable accommodation forms may be obtained from, and upon
completion should be returned to, the department of human resources.
(e)
Review
(i) The director of human resources
or his/her designee will review the request for
reasonable accommodation forms. An employee may be required by the director of
human resources to provide further information or documentation.
(ii) The director of human resources
or his/her designee will notify the applicant or
employee in writing of the decision concerning the requested accommodation, and
a copy will be sent to the employee's department head
.
(f) Professional
verification of disability
(i) Employees with
a disability who request reasonable accommodations may be required to provide
current written verification of the disability certified by a licensed
physician, psychologist, audiologist, speech pathologist, rehabilitation
counselor, physical therapist, occupation therapist or other health care
provider who is qualified to diagnose or treat the disability in the state of
Ohio. Further documentation may be required. Documentation should reflect the
employee's present level of functioning in the major life activity affected by
the disability and the effect the disability has on the employee's role at the
university.
(ii) Responsibility for
the cost of the initial professional verification of a disability and any
supplemental assessments will be borne by the employee requesting
accommodation. Responsibility for the cost of obtaining additional professional
opinions requested by the university will be borne by the university.
(g) Records and
retention
All information regarding the disability and any reasonable
accommodations will be maintained
by
the
department of human resources in accordance with the records retention schedule
will maintain the files of applicants who are not hired who have made an
accommodation request.
(4)
Confidentiality
All information must be treated as confidential within the
limits of federal and Ohio law.
