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I.    Purpose.  The purpose of this Disability Accommodations for Employees and Applicants Procedure (“Procedure”) is to implement the College’s Disability Accommodations Policy (“Policy) for Employees and Applicants.

II.    Scope and Applicability 

A.    This Procedure applies to College Employees and Applicants.   

B.    Student employees seeking a Disability Accommodation in the workplace must follow this Procedure.

III.    Definitions 

A.    All capitalized terms in this Procedure have the meanings provided in the Policy. 

B.    All other capitalized terms in this Procedure have the following meanings:  

1.    Accommodation Request means a completed Disability Accommodation Request Form.

2.    HR means an employee in the Office of Human Resources. 

3.    Genetic Information, as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

4.    GINA means Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff.

5.    Job restructuring includes modifications such as:

•    reallocating or redistributing marginal job functions that an employee is unable to perform because of a disability; and

•    altering when and/or how a function, essential or marginal, is performed.

6.    Supervisor means the College employee to whom the Employee directly reports or any employee in the Employee’s reporting chain. 

IV.    Types of Accommodations that May Be Considered

A.    An Employee or Applicant who has a Disability may be eligible for a reasonable Disability Accommodation in order to participate in a work requirement, comply with a hiring practice, or access a Service, based on the circumstances.

B.    Examples of Disability Accommodations that may be provided if they do not create an Undue Hardship, include but are not limited to, the following:

1.    Making existing facilities used by Employees readily accessible to and usable by individuals with disabilities;

2.    Job restructuring; 

3.    Part-time or modified work schedules;

4.    Voluntary substitutes or shift swaps; 

5.    Change of job tasks;

6.    Lateral transfers;

7.    Making exceptions to policies, procedures, guidelines, or workplace practices;

8.    Reassignment to a vacant position for which the Employee meets the minimum qualifications; 

9.    Acquisition or modification of equipment or devices;

10.    Appropriate adjustment or modifications of examinations or training materials;

11.    The provision of qualified readers or interpreters; 

12.    Use of a Service Animal in office space or other non-public space on campus; and

13.    Other similar accommodations for individuals with disabilities.

C.    If a requested Disability Accommodation would impose an Undue Hardship on the College or cause or fail to mitigate a Direct Threat, the College will reasonably accommodate the Employee’s or Applicant’s Disability to the extent that it can do so without causing an Undue Hardship to the College or Direct Threat, even though such an Accommodation would be partial in nature. 

D.    Where there is more than one (1) Disability Accommodation that could be provided to an Employee that would not pose an Undue Hardship, or create a Direct Threat or Fundamental Alteration, the College is not obligated to provide the Accommodation that is preferred by the Employee.

E.    To qualify as a Disability Accommodation, a modification or adjustment in work requirements must not discriminate against the Employee or Applicant or unnecessarily disadvantage the Employee’s terms, conditions, or privileges of employment. 

F.    Applicants

1.    An Applicant may request a Disability Accommodation during the hiring process using the procedures described below.

2.    No Employee involved in the hiring process may ask an Applicant about their Disability or need for a Disability Accommodation until after the Applicant has been offered a position at the College.

V.    Accommodation Request

A.    An Employee or Applicant who is unable to participate in a work requirement, comply with a hiring practice, or access a Service because of the Employee’s or Applicant’s Disability must submit an Accommodation Request and Medical Inquiry Form or medical documentation provided and signed by a Healthcare Provider supporting the Accommodation Request to HR at humanresources@aacc.edu as soon as the Employee is aware of the need for a Disability Accommodation but no later than ten (10) Business Days in advance of the need for a Disability Accommodation or for an Applicant, at least two (2) Business Days prior to the interview, which can be postponed if necessary to process the Accommodation Request.

B.    Employees and Applicants can obtain a physical form from HR and submit the Accommodation Request to HR, make a request by telephone to HR, or make a request in person at the Office of Human Resources. 

C.    If an Employee or Applicant needs assistance due to a Disability in submitting a written accommodation request, the Employee or Applicant should contact HR at 410-777-2425 or come to the HR office in person at Ludlum, Suite 106. 

D.    If the Employee or Applicant does not submit the Accommodation Request by the deadline set forth above, the College’s ability to grant the Accommodation Request may be limited if the work requirement, hiring practice, or Service has taken place prior to the College being able to process the Accommodation Request; however, to the extent that a reasonable extension to allow the Accommodation Request to be processed, HR will grant such extensions.            

E.    In the Accommodation Request, the Employee or Applicant must provide:

1.    A description of the Disability and its duration;

2.    The limitations caused by the Disability and how those limitations impact the Employee’s or Applicant’s performance of job functions, participation in the hiring process, or access to a Service;

3.    The Disability Accommodation the Employee and/or the Healthcare Provider believes will enable performance of the Employee’s job functions, participation in the hiring process or access to a Service.  

F.    If an accommodation request is made to a Supervisor, the Supervisor must forward the request to HR.    

G.    While use of the Medical Inquiry Form is not required to request a Disability Accommodation, the form is designed to obtain sufficient information for the College to respond effectively to the Employee’s or Applicant’s request for a Disability Accommodation. Not using the forms or providing incomplete information may delay the accommodation process due to the additional time needed to clarify the Employee’s or Applicant’s needs and related medical information.

VI.    Communications regarding Accommodation Requests

A.    All written communications with the Employee and decisions will be sent to the Employee using the Employee’s College-issued email address. 

B.    All written communication with an Applicant and decisions will be sent to the Applicant using the email address provided in the Applicant’s job application materials submitted to the College. 

C.    The Employee or Applicant is responsible for responding to communications in a timely manner, and failure to do so may result in the Accommodation Request not being granted prior to the need for the Disability Accommodation.

VII.    Evaluation of Accommodation Requests

Responsibility for consideration of Accommodation requests lies with HR, who will consult with the Supervisor, in connection with a workplace accommodation, the Search Committee Chair, in connection with requests for Accommodations in the hiring process, and/or the Authorized Employee, in connection with requests for Accommodations with respect to Services.  HR will consider and act upon Accommodation Requests as expeditiously as possible and will generally try to complete this process within Thirty (30) Business Days, unless HR has not received appropriate documentation from the Employee or their health care provider. 

A.    Documentation of Disability

1.    HR may approve the Disability Accommodation after discussing the Accommodation Request with the Employee without engaging in an extensive interactive process or requesting documentation of the Disability if:

a.    The Employee's or Applicant’s Disability and the need for a Disability Accommodation are readily apparent, such as if an Employee uses a Service Animal or a wheelchair to accommodate a Disability;

b.    The requested Disability Accommodation enables the Employee or Applicant to perform the Essential Functions of the Job, participate in the hiring process, or access a Service;

c.    The requested Disability Accommodation is reasonable; and

d.    The requested Disability Accommodation does not constitute an Undue Hardship, does not cause or fail to mitigate a Direct Threat, and does not create a Fundamental Authorization of a Service.

2.    If documentation is needed to support the existence of a Disability, HR will request that the Employee or Applicant submit the Medical Inquiry Form to a Healthcare Provider. This form, which will be provided to the Employee or Applicant by HR, includes the definition of a Disability, as defined in the Policy, and will include a job description identifying the functions of the Employee's job. 

3.    HR also will ask that the Employee or Applicant sign a written consent form for the release of information in the event that HR may need to contact the Healthcare Provider to clarify any of the information provided. An Employee or Applicant’s refusal to sign the consent form can result in denial of the Accommodation Request.

4.    Medical documentation is sufficient if it substantiates that the Employee or Applicant has a Disability and needs the Disability Accommodation requested. Sufficient medical documentation should describe the nature, severity, and duration of the Impairment, the activity or activities that the Impairment Substantially Limits, the extent to which the Impairment limits the Employee's or Applicant’s ability to perform the Essential Functions of the Job, and should also substantiate why the requested Disability Accommodation is needed.  

5.    If HR determines that the documentation is not sufficient to establish that the Employee or Applicant has a Disability, HR will explain to the Employee or Applicant why the documentation is insufficient and allow the Employee or Applicant an opportunity to provide more complete information.  

6.    If the Employee or Applicant and the Healthcare Provider do not provide sufficient information to substantiate that the Employee or Applicant has a Disability and needs a Disability Accommodation, HR may contact the Healthcare Provider with the Employee’s or Applicant’s consent, to explain why the documentation is insufficient. 

7.    Documentation might be insufficient if, for example: 

a.    The Healthcare Provider does not have the expertise to give an opinion about the Employee's or Applicant’s medical condition and the limitations imposed by it; 

b.    The information does not specify the functional limitations due to the Disability; or 

c.    Other factors indicate that the information provided is not complete or credible or is fraudulent. 

8.    If an Employee or Applicant provides insufficient documentation, HR will not approve a Disability Accommodation until sufficient documentation is provided but may grant a Provisional Disability Accommodation, as noted below.

9.    HR may require that the Employee or Applicant see an appropriate Healthcare Provider of the College’s choice, at the College’s expense, if the Employee or Applicant provides insufficient documentation.  If there is a difference between the documentation provided by the Employee or Applicant’s medical provider and the second opinion, HR may require a third opinion from a mutually agreeable provider. Again, the College will pay the cost of the third opinion.

B.    Determination of Whether the Employee or Applicant is a Qualified Individual with a Disability

1.    HR will determine whether the Employee’s or Applicant’s condition qualifies as a Disability under the ADA and whether the Employee or Applicant meets the definition of a Qualified Individual. 

2.    If HR is unsure whether a condition qualifies as a Disability or the Employee or Applicant is a Qualified Individual, HR must consult with the Office of General Counsel. 

3.    If, after this consultation, HR determines that the Employee's or Applicant’s condition does not qualify as a Disability or the Employee or Applicant is not a Qualified Individual, HR must notify the Employee or Application in writing of this determination and the basis for determination.

C.    Interactive Dialogue

1.    If the Employee or Applicant has a condition that qualifies as a Disability and is a Qualified Individual, HR will evaluate the Accommodation Request by taking any of the following actions as part of an interactive dialogue with the Employee or Applicant:

a.    Requesting that the Employee or Applicant provide additional information about the Accommodation Request, including any possible alternative Disability Accommodations that may meet the Employee’s or Applicant’s needs;

b.    Determining whether the Accommodation Request relates to an Essential Function of the Job or hiring process and if so, whether the Accommodation Request is reasonable; 

c.    Consulting with the Supervisor, Search Committee Chair, or Authorized Employee(s) for a Service about whether the Accommodation Request can be granted without creating an Undue Hardship, Direct Threat, or Fundamental Alteration of a Service; and/or

d.    Requesting information from other Employee(s) who may have relevant information regarding the Accommodation Request, such as whether similar Accommodation Requests have been granted.

2.    If the Supervisor, Search Committee Chair, and/or Authorized Employee(s) asserts, or HR determines, that the Accommodation Request is not reasonable, a different Disability Accommodation would be preferable, or that granting the Accommodation Request would create an Undue Hardship, Direct Threat, or Fundamental Alteration of a Service, HR may offer a different Disability Accommodation to the Employee or Applicant and engage in an interactive dialogue with the Employee or Applicant.

a.    If the Employee or Applicant accepts the Disability Accommodation that was offered by HR, HR will send a written decision to the Employee or Applicant, granting the agreed-upon Disability Accommodation.

b.    If the Employee or Applicant does not accept the Disability Accommodation that was offered by HR, the Employee or Applicant may offer a different Accommodation for HR to consider, in consultation with the Supervisor, Search Committee Chair, and/or Authorized Employee(s), and if accepted, HR will send a written decision to the Employee or Applicant, granting the agreed-upon Disability Accommodation. 

c.    If HR and the Employee or Applicant cannot reach an agreement on a different Disability Accommodation, HR will consider whether an Undue Hardship, Direct Threat, or Fundamental Alteration exists.  

D.    Determining the Existence of an Undue Hardship

1.    In determining whether an Accommodation Request poses an Undue Hardship, HR will consider the practical and financial impact on the overall resources of the College and the standards or structure of the Service, including but not limited to, the following relevant factors:

a.    The type of work requirement, hiring practice, and/or Service for which the Disability Accommodation is requested; 

b.    The type of workspace, office, or department;

c.    The nature of the Employee’s job duties;

d.    The number of Employees who will need a particular accommodation;

e.    Whether the proposed Disability Accommodation prevents the Employee from performing an Essential Function of a Job;

f.    The identifiable cost of the Disability Accommodation in relation to the size and operating costs of the College, which include, but are not limited to:

i.    Direct monetary costs; 

ii.    Impairment of the safety of the College campus, Employees, Students, or the Service; 

iii.    Whether the proposed Disability Accommodation conflicts with a law, regulation, policy, procedure, or practice; 

iv.    Diminished efficiency in other jobs; 

v.    Infringement on other Employees’ job rights or benefits, Students, or the public that affect the conduct of the College’s business; 

vi.    Impairment of workplace safety;

vii.    Payment of premium wages or administrative costs that result in substantial increased costs to the College;

viii.    Hiring of additional employees;

ix.    Necessity for co-workers to carry the requesting Employee’s share of potentially hazardous or burdensome work; and/or

x.    The impact on College contracts or agreements.

g.    Generally, the payment of administrative costs necessary for a Disability Accommodation, such as costs associated with rearranging schedules and recording substitutions for payroll purposes, infrequent or temporary payment of premium wages (e.g., overtime rates) while a more permanent Accommodation is sought, will not result in an Undue Hardship.

h.    After considering this information, HR will determine whether an Undue Hardship would be created by granting the Accommodation Request.

E.    Determining Whether a Direct Threat Exists

1.    HR will consider the following information in determining whether providing the requested Disability Accommodation to the Employee or Applicant causes or fails to mitigate a Direct Threat to the Employee, the Applicant, or others that cannot be eliminated or reduced to an acceptable level by a Disability Accommodation or provision of Auxiliary Aids and Services. 

2.    The determination that an individual poses a Direct Threat must be based on an individualized assessment of the Employee’s present ability to safely perform the Essential Functions of the Job or access College Services, and an Applicant’s ability to safely participate in the hiring process. 

3.    This assessment must be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence. 

4.    In determining whether an individual would pose a Direct Threat, the factors to be considered include: 

a.    The duration of the risk;

b.    The nature and severity of the potential harm;

c.    The likelihood that the potential harm will occur; and

d.    The imminence of the potential harm. 

F.    Determining the Existence of a Fundamental Alteration

1.    If HR believes that the Accommodation Request would cause a Fundamental Alteration to a Service, HR will follow the Fundamental Alterations Review Procedure. 

a.    The Fundamental Alterations Review Committee will make a determination as to whether a Fundamental Alteration would be caused by the granting the Accommodation Request and provide such determination to HR in accordance with the Fundamental Alterations Review Procedure.

b.     The decision of the Fundamental Alterations Review Committee is binding on HR and cannot be grieved or further appealed pursuant to this or any other College policy or procedure, except as provided in Section XIV below.  

G.    Decision on Accommodation Request

1.    HR will review the information provided by the Employee or Applicant, will consult with the Employee’s Supervisor, Search Committee Chair, and/or Authorized Employee, and other individuals as necessary, and will make the final determination whether to approve or deny specific Disability Accommodations.

a.    HR may deny a Disability Accommodation if, in HR’s opinion, granting the Accommodation Request would result in:

i.    The Employee not being able to perform the Essential Functions of the Job with or without the Accommodation; 

ii.    An Undue Hardship to the College; 

iii.    A Direct Threat, which cannot be eliminated by a Disability Accommodation; or

iv.    A Fundamental Alteration to a Service.

b.    The decision to deny a requested Disability Accommodation will be made after consultation with the Office of General Counsel.

c.    If there are no grounds to deny the Accommodation Request, primary consideration will be given to the Disability Accommodation requested by an Employee or Applicant, unless there is another equally effective accommodation that does not cause an Undue Burden, Direct Threat, or Fundamental Alteration. 

d.    In such circumstances, HR will identify an effective alternative Disability Accommodation taking into consideration the timeliness, accuracy, and appropriateness of the Disability Accommodation. 

2.    If HR determines that the Accommodation Request enables the Employee to perform the Essential Functions of the Job, and does not result in an Undue Hardship, a Direct Threat, or Fundamental Alteration, and HR is not proposing an equally effective alternate accommodation, HR will send a written decision to the Employee or Applicant, granting the Disability Accommodation and, if necessary to implement the Disability Accommodation, will send a copy to the Supervisor, Search Committee Chair, and/or Authorized Employee(s).

3.    If HR determines either:

a.    That the Accommodation Request is not reasonable, the Employee is not able to perform the Essential Functions of the Job with or without Accommodations, or that the Accommodation Request causes an Undue Hardship, Direct Threat, or Fundamental Alteration; or

b.    To offer an alternative way to accommodate the Employee or Applicant that is reasonable, allows the Employee to perform the Essential Functions of the Job, and does not create an Undue Hardship, Direct Threat, or Fundamental Alteration

HR will offer a different Disability Accommodation and engage in an interactive dialogue with the Employee or Applicant.

4.    If the Employee or Applicant accepts the Disability Accommodation that was offered by HR, HR will send a written decision to the Employee or Applicant, granting the agreed-upon Disability Accommodation.

5.    If the Employee or Applicant does not accept the Disability Accommodation that was offered by HR, HR will send a written decision to the Employee or Applicant, denying the Accommodation Request and stating the reasons for denial.

H.    Duration of the Accommodation 

1.    If a Disability Accommodation is granted, the decision will specify an expiration date for the Accommodation, which will generally be granted for the semester or year in which it is requested, depending on the type of Disability Accommodation. 

2.    A decision to grant a Disability Accommodation applies only to the work requirement, hiring practice, or Service described in the Accommodation Request and does not constitute a policy or universal decision for future Accommodation Requests.

3.    To the extent the Employee seeks a Disability Accommodation to another work requirement, hiring practice, or Service, the Employee or Applicant is required to submit another Accommodation Request and follow this Procedure.

4.    To the extent that the Employee or Applicant seeks the same Disability Accommodation for a time period beyond the expiration date in the decision, the Employee or Applicant must file a request to recertify the Disability Accommodation at least one (1) month prior to the expiration date using the Accommodation Request Form and indicating that the Accommodation was previously granted. 

5.    If a Disability is expected to be temporary, a Disability Accommodation may be provided for a fixed period, with the possibility of extension, if needed by the Employee or Applicant. 

6.    HR will maintain a copy of the Accommodation Request, any communications with the Employee or Applicant, and the written decision to the Employee or Applicant (collectively, the “Accommodation File”), as part of the Employee’s personnel record or Applicant file, for three (3) years after the decision is issued or after the Employee separates from the College, whichever is longer. 

I.    Provisional Disability Accommodations

1.    An Employee or Applicant who submits an Accommodation Request who is unable to present current or complete documentation of their Disability may be granted Provisional Disability Accommodations to allow them to receive Disability Accommodations on a temporary basis while they obtain the Required Documentation to support eligibility for Disability Accommodations.   

2.    A Provisional Disability Accommodation will not be granted for more than thirty (30) days, unless an extension is granted by HR due to extenuating circumstances beyond the control of the Employee or Applicant in obtaining the Required Documentation.  

3.    An Employee may request an extension of the Provisional Accommodation by making a request to HR and describing the extenuating circumstances in writing.  

4.    Extension of a Provisional Disability Accommodation is not guaranteed.

5.    HR will notify the Employee or Applicant, Search Committee Chair, or Supervisor in writing if the Provisional Disability Accommodations and the date it will expire if the Required Documentation is not received, as well as any extensions to the Provisional Disability Accommodations.

6.    Once the Required Documentation is received, HR will review the Accommodation Request in accordance with the procedures set forth above, and will notify the Employee or Applicant, Search Committee Chair, or Supervisor if the Provisional Accommodation will be continued, modified, or ended in writing and if continued, will include a new expiration date.

J.   Pregnancy, Childbirth and Related Conditions

HR will provide Disability Accommodations to an Employee experiencing Pregnancy, Childbirth or a Related Condition as provided in the Accommodations for Pregnancy and Related Conditions Procedure.  If there are any differences between the two Procedures, the Procedure governing Accommodations for Pregnancy, Childbirth and Related Conditions shall take precedence. 

K.    Temporary Illnesses or Injuries

1.    If an Employee experiences a Temporary Injury or Illness, the Employee may submit an Accommodation Request.

2.    The Required Documentation for a Temporary Injury or Illness must indicate the current impact of the condition and provide an estimated time of recovery.

3.    HR may provide Provisional Disability Accommodations to an Employee with a Temporary Injury or Illness, if appropriate.

VIII.     Implementing Disability Accommodations

A.    The Supervisor, Search Committee Chair, or Authorized Employee(s) is responsible for implementing any Accommodations granted to the Employee or Applicant.

B.    Employees or Applicants are responsible for promptly notifying HR if they believe an approved Disability Accommodation is not being provided or is not effective and needs to be modified.

C.    The College is responsible for covering the cost of an approved Disability Accommodation, not the Employee or Applicant receiving the Disability Accommodation. 

D.    Except as necessary to implement the Disability Accommodations, information regarding the basis for the Disability Accommodation shall be provided only to those Employees who need to know the information to perform their job duties, and will otherwise remain confidential.

E.     HR and any Employee responsible for implementing a Disability Accommodation must make every attempt to respect the privacy of the Employee or Applicant when making or implementing a Disability Accommodation (for example, it is not appropriate to announce to an office or department that an Employee or Applicant needs to reschedule a meeting at a later date because of their Disability).

F.     If an approved Disability Accommodation includes time off from a scheduled work day, the Employee may take annual or sick leave, as appropriate, for such time off.

IX.    Monitoring and Modifying the Disability Accommodation

A.    Because circumstances may change, HR, the Supervisor, the Search Committee Chair, and/or Authorized Employee(s) should check on the ongoing effectiveness of Disability Accommodations. 

B.    The most effective way to monitor Disability Accommodations is to encourage ongoing communication with the Employee or Applicants.  

C.    Disability Accommodations remain in effect through the date included in the written decision, unless the Employee or Applicant is notified by the College of a change in writing. 

D.    The College has the right to modify or discontinue a previously granted Disability Accommodation if it is no longer being used for purposes related to the Employee’s or Applicant’s Disability or if the Disability Accommodation subsequently poses an Undue Hardship on the College, causes or fails to eliminate a Direct Threat, or causes a Fundamental Alteration. 

E.     Before modifying or discontinuing a Disability Accommodation, the College will determine if there are alternative Accommodations that would not impose an Undue Hardship, Direct Threat, or Fundamental Alteration.  

F.     An Employee or Applicant also has the right to request additional or different Disability Accommodations, as the Employee’s or Applicant’s Disability may change over time.

X.    Appeals

A.    An Employee or Applicant may appeal a decision made by HR by submitting an Appeal Form in writing to the VP LRM no later than three (3) Business Days after the decision was  sent to the Employee or Applicant. If HR’s decision is based on the finding of the Fundamental Alteration Review Committee, that portion of HR’s decision cannot be appealed, as noted in Section VII.F.1.b., above.

B.    The VP LRM will request a copy of the Accommodation File from HR and review the Appeal Form and Accommodation File.

C.    The VP LRM may consult with HR and the Employee or Applicant in reviewing HR’s decision.

D.    Within five (5) Business Days, the VP LRM will decide whether to accept, reject, or modify HR’s decision on the Accommodation Request.

E.    The VP LRM will send the decision to the Employee or Applicant, and if an Accommodation is granted or modified, will send a copy of the decision to the Supervisor, Search Committee Chair, and/or Authorized Employee(s).

F.    The decision of the VP LRM is final and may not be further appealed or grieved pursuant to the Employee Grievance Policy and Procedures.

XI.      Deadlines. Any deadlines set forth in this Procedure may be extended for good cause and with notice in writing to the Employee or Applicant.

XII.     Confidentiality of Records

A.    HR will document in writing all requests for Disability Accommodation and the conversations during the interactive process and will maintain the information separate from the Employee's personnel file in a medical file. 

B.    This separate file shall be kept in HR and shall be treated as confidential, except as necessary to administer the Disability Accommodation process or implement an approved Disability Accommodation.

C.    Without providing Supervisors, Search Committee Chairs, Authorized Employees, and other employees access to medical information of the Employee or Applicant, HR may inform such individuals regarding restrictions on the work or duties of the Employee, the hiring process for Applicants, and/or the Services for Employees or Applicants and regarding necessary Disability Accommodations and how to implement them; 

D.    Employees or Applicants who may need assistance during evacuation events are encouraged to self-report disabilities to the Office of Public Safety (emergency manager) to enable prompt assistance in the event of an emergency requiring evacuation. 

XIII.     Non-disclosure of Genetic Information

A.    The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by law.

B.    To comply with this law, HR will not request and Employees and Applicants should not provide any Genetic Information when responding to a request for medical information made in connection with an Accommodation Request.

XIV.  Complaints

A.    Internal Complaint.  If an Employee or Applicant believes that they have been wrongfully denied a Disability Accommodation, have been retaliated against for making an Accommodation Request, and/or otherwise have been subjected to disability discrimination, the Employee or Applicant may file a complaint with the College’s Chief Compliance and Fair Practices Officer in accordance with the College’s Equal Opportunity and Nondiscrimination Policy and Discrimination Complaint Procedures.

B.    External Complaint

1.    Although Employees and Applicants are encouraged to attempt to resolve complaints using the College’s internal complaint procedures set forth above, Employees and Applicants have the right to file a complaint directly with the external agency authorized to accept such complaints or pursue other remedies available to them under state or federal law.

2.    An Employee or Applicant may file complaints of disability discrimination with the following agencies:

Equal Opportunity Employment Commission
GH Fallon Federal Building
31 Hopkins Plaza, Suite 1432
Baltimore, MD 21201
Telephone: (800) 669-4000
Facsimile: (443) 992-7880
TTY: (800) 669-6820
ASL Video Phone: (844) 234-5122
 
Maryland Commission on Civil Rights
William Donald Schaefer Towe
6 Saint Paul Street, Suite 900
Baltimore, MD 21202-1631
Telephone (Main): (410) 767-8600
Telephone (Toll free): (800) 637-6247 
Maryland Relay 7-1-1
Facsimile: (410) 333-1841
 

Procedure Title:  Employees and Applicants Disability Accommodations Procedure

Policy Category:  General 

Policy Owner:  President

Policy Administrator:  Executive Director of Human Resources

Contact Information:  Suzanne Boyer, slboyer1@aacc.edu; 410-777-2045

Approval Date:  July 8, 2024

Effective Date:  September 16, 2024

History:  N/A

Applies to:  All Employees and Applicants

Related Policies:  

Related Procedures:

Forms/Guidelines:

  • Disability Accommodation Request Form
  • Medical Inquiry Form
  • Appeal Form

Relevant Laws:        

  • Americans with Disabilities Act of 1990, 42 U.S.C. Chapter 126  
  • Americans with Disabilities Act Amendments Act of 2008 (Amendments Act), effective January 1, 2009, 42 U.S.C. § 12101 et. al.
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (Section 504)
  • Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff
  • Nondiscrimination on the Basis of Disability in State and Local Government Services, 28 C.F.R. Part 35
  • Nondiscrimination on the Basis of Handicap in Federally Assisted Programs, 28 C.F.R Part 41 - Implementation of Executive Order 12250
  • Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, 29 C.F.R. Part 1630
  • Pregnant Workers Fairness Act, 42 United States Code, § 2000gg.
  • Regulations to Implement the Pregnant Workers Fairness Act, 29 CFR Part 1636.