Policy Number: III-26
Last Reviewed: August 19, 2024
Responsible Dept.: Human Resources
Office to contact for clarifications: Human Resources
A signed copy of this policy is available in the President’s Office.
Purpose:
Virginia Western Community College (VWCC) is committed to providing equal employment opportunities for persons with disabilities in accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. Virginia Western provides reasonable accommodations to qualified employees with disabilities to enable them to perform the essential functions of the job without undue hardship to the college, and in providing equal access to employment opportunities for qualified persons with disabilities.
The college has procedures for responding to requests for workplace accommodations that allow the college to process requests in a prompt, fair, and efficient manner.
Definitions:
Applicant – A person who expresses interest in employment through the submission of an application or resume for employment, or who is being interviewed for a position.
Applicant Interactive Process – The interactive process involves collaborative communication between Human Resources and the applicant to determine an effective reasonable accommodation for a disability. The accommodation should enable the applicant to complete the application and/or selection process.
Disability – The ADA defines a disability as: 1.) A person who has a physical or mental impairment that substantially limits one or more major life activities. 2.) A person with a record of a physical or mental impairment that substantially limits one or more major life activities. 3.) A person who is regarded as having a physical or mental impairment that substantially limits one or more major life activities.
Essential Job Functions – Job duties and responsibilities that are fundamentally necessary to the purpose of the job and documented in position descriptions.
Major Life Activities – May include, but 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 writing. Also includes operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
Pregnancy-Related Accommodations – In accordance with the Providing Urgent Maternal Protections Act (PUMP), and the Pregnant Workers Fairness Act (PWFA), accommodations are provided to accommodate pregnancies and lactating employees upon request.
Qualified Employees – Employees who possess the necessary knowledge, skills, abilities, and other bona fide job requirements as outlined in their job description and can complete the essential functions of their job with or without a reasonable accommodation.
Reasonable Accommodation – A reasonable and effective solution that: 1.) Enables disabled applicants to apply and/or participate in the selection process; 2.) enables an employee to perform the essential job functions. A reasonable accommodation does not create undue hardship.
Undue Hardship – Is defined as unduly costly, extensive, substantial, disruptive, or fundamentally alters the nature or operation of the college.
Policy:
The college does not discriminate based on a disability or other non-merit factors with respect to employment, personnel actions, and employee benefits, or in connection with job-related programs, activities, or accessibility.
A disabled applicant for a position at Virginia Western may require an accommodation for their disability so that the individual may apply and/or participate in the interview process. An applicant with a disability should contact Virginia Western Human Resources Office to request the accommodation. This information may be conveyed to Human Resources either verbally by contacting the agency phone number listed on the announcement or in writing to hrapps@virginiawestern.edu. Human Resources will make every effort to comply with a disabled applicant’s request for a reasonable accommodation unless the request would constitute an undue hardship. In instances where an accommodation is granted, the Human Resources contact will follow-up with the applicant at the conclusion of the interview process to verify the adequacy of the accommodation.
The college shall provide accommodations to qualified employees so that the employee may perform the essential job functions of the position, unless doing so would constitute an undue hardship.
If an employee cannot be accommodated, including placement in an alternative position, the employee will be separated from college employment after the employee’s entitlements, such as FMLA and/or short-term disability, if any are exhausted.
Reasonable accommodations for temporary disabilities in excess of 14 calendar days will fall under the purview of the Return-To-Work Program, designed to provide reasonable temporary accommodations and return employees to work full-time full-duty within 90-days.
Additional Information:
References
VWCC III-26 Reasonable Accommodation Procedure for Employees
VWCC III-10 Lactation Policy
VWCC III-13 Return to Work Policy
Americans with Disabilities Act of 1990 and ADA Amendments Act of 2008
Virginia Community College System Policy 3.14 Equal Employment Policy
Department of Human Resources Policy 2.05 Equal Employment Opportunity
Department of Human Resources Policy Reference Guides ADA
