8. Accommodating Employees with Disabilities
E.8.01 - Legal Obligations
LSCS will provide necessary and reasonable workplace accommodations for known disabilities of a qualified employee who is capable of meeting all the essential requirements of his or her job under the Americans with Disabilities Act ("ADA") and Section 504 of the Rehabilitation Act of 1976 ("Section 504").
No presumptions are, or should be, made that the existence of a physical or mental impairment will necessarily cause any limitations in an employee's ability to perform his or her job. In fact, in most instances, absent a specific notification by an employee of the existence of specific limitations caused by a disability, it shall be presumed that a disabled or impaired employee is not limited in his or her ability to perform his or her job. Any accommodation request will be evaluated against the prevailing legal standards of the ADA and Section 504.
E.8.02 - Request for Accommodation
Except with respect to employees or applicants with visible and obvious health or mental impairment(s), it is the responsibility of the employee or applicant to inform the System of the existence of a disability that limits his or her ability to perform his or her job. The employee must provide the System Human Resources Department with documentation provided by an appropriate health care professional:
a. diagnosing the existence of a physical or mental impairment that substantially limits one or more major life activities; and
b. indicating that the employee will be able to meet all of the essential requirements of the job with the requested accommodation.
E.8.03 - Consideration of a Request for an Accommodation
The System Human Resources Department will review the medical documentation regarding the existence of a disability and the requested accommodation with the employee, and if authorized by the employee, with his or her medical professional.
In weighing the requested accommodation, the Human Resources Department will determine first whether the employee will be able to meet all of the essential functions of the job, as determined by the job description.
E.8.04 - Referral to System Medical Professional
The System Human Resources Department may require an employee who has requested an accommodation to be examined by a medical professional identified by the System. The sole purpose of such consultations will be to advise the System regarding the requested accommodation or to evaluate the employee's ability to perform the essential requirements of a position. The employee will not be responsible for the expenses of any such consultation, and will be provided with written information submitted by the consulting medical professional regarding the nature of the accommodations requested.
E.8.05 - Denial of Requested Accommodation
The System Human Resources Department office may deny a requested accommodation if:
a. It is determined that even with the requested accommodation, the employee will not be able to perform all of the essential requirements of the job, as defined in the job description, and by the supervisor;
b. The medical documentation does not establish the existence of a disability within the terms of the ADA or Section 504: or
c. The System determines that the employee, with or without an accommodation, poses a risk of harm to him/herself or to employees, students or members of the public with whom he or she may come in contact.
d. Any other basis provided by the ADA, Section 504, or other law.
E.8.06 - Confidentiality of Medical Documentation
All medical records and information pertaining to an employment-related medical examination, employee's disability, or requested accommodation shall be maintained in the confidential files created and maintained in the System Human Resources office.
Information obtained regarding the medical condition or history of the applicant or employee shall be collected and maintained by the physician conducting the examination. The System shall only receive and accept a summary of the candidate's ability to perform the job either in response to questions posed or on a form created for such a summary.
Information pertaining to job-related limitations shall be released on a need-to-know basis only. Supervisors or other LSCS employees who are included in the accommodation review process shall ensure that any documentation or other information provided by an employee or applicant shall be kept confidential, except in accordance with this policy.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008