2-02 Workplace Accommodations for Applicants and Employees

Policy: 6Hx28:02-02

Responsible Executive: Executive Vice President, Administrative Services

Policy Contacts: Chief Human Resources Officer

Specific Authority: 1001.64, F.S.

Law Implemented: 1001.64, F.S.

Effective Date: 12-11-2019

Date of Last Policy Review: 11-05-2024

Policy:

It is the policy of the District Board of Trustees to provide equal opportunity for employment and educational opportunities to all applicants for employment and employees without regard to any temporary or long-term disability protected under the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and other applicable federal, state, and local laws and regulations. In creating a more inclusive environment, eligible applicants and employees can readily request and receive reasonable accommodations to assist them in competing for job vacancies, performing the essential functions of a position, gaining access to the workplace, and/or accessing employment benefits in accordance with applicable laws and regulations. Valencia College (“College”) is committed to evaluating requests for reasonable accommodation and providing reasonable accommodations as appropriate providing the requested accommodation does not create an undue hardship for the College or pose a direct threat to the health or safety of others in the workplace or to the requestor.

The College President or designee(s) may establish procedures to implement this policy.

Related Documents/Policies:

College Policy 6Hx28: 2-01 Discrimination, Harassment and Related Misconduct

Procedures:

1. Definitions:
   1. Disability: An impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
   2. Employee: An individual paid a salary or wage by the College and filling an established full-time or part-position at the College.
   3. Interactive Process: A collaborative effort between the job applicant/employee, the hiring manager/supervisor, and Organizational Development and Human Resources (“ODHR”) to discuss accommodation requests, to review and evaluate supporting documentation (as applicable), and to identify if a reasonable accommodation(s) can be offered.
   4. Applicant: An individual who applies for a posting of employment at Valencia College by submitting an application for employment and/or participating in the hiring process.
2. An Applicant or Employee may obtain information concerning Disability accommodations by contacting Organizational Development and Human Resources (“ODHR”) Leave and Access Services at leaveandaccess@valenciacollege.edu. An Applicant/Employee is not considered to have made a formal request for accommodation when ODHR simply provides Disability accommodation information or forms to an Applicant/Employee or when an Applicant/Employee only discloses to ODHR that they have a medical condition. In addition, the College will not consider a request for accommodation from an Applicant or Employee who chooses not to initiate or engage in the interactive process, or who does not submit required documentation.
3. Process for Identifying Accommodations for Applicants
   1. An Applicant has a responsibility to communicate at the earliest possible opportunity the specific reasonable accommodation(s) requested due to a Disability. An applicant may request a reasonable accommodation at any time during the recruitment, selection or hiring processes by contacting ODHR Leave and Access Services at leaveandaccess@valenciacollege.edu.
   2. After communicating with ODHR, an Applicant will be required to provide supporting documentation relating to the requested accommodation. Documentation that is incomplete, not submitted, or submitted after the deadline date, absent legitimate extenuating circumstances, may result in closing the request until updated information is received. When extenuating circumstances and/or complexity of the request are present, the time for evaluating and processing a request to include providing a reasonable accommodation may be extended as reasonably necessary.
   3. Each accommodation request shall be evaluated on an individual basis by participating in the interactive process regarding assistance with gaining access to the workplace and/or any of the recruitment, interview, assessment, selection, and/or hiring processes, as applicable. ODHR shall communicate with the Applicant and department as appropriate to assist in making an informed decision.
   4. Once all of the information with respect to the accommodation request is reviewed and evaluated, a determination shall be made by ODHR , in collaboration with the Hiring Manager, on whether the request is required and reasonable, as appropriate, or if an alternative modification shall be provided, or if no reasonable accommodation has been identified. The Applicant shall be notified of such outcome.
   5. If a newly hired Employee requests accommodations related to the new job, which may or may not be related to accommodations that were previously requested and provided during the recruitment, selection, and/or hiring process, such requests shall be subject to a separate interactive process described in Procedures Section IV below.
4. Process for Identifying Accommodations for Employees
   1. An Employee has a responsibility to communicate to ODHR Leave and Access Services at the earliest possible opportunity the specific reasonable accommodation(s) requested due to a Disability. An employee may do so by contacting ODHR Access Services at leaveandaccess@valenciacollege.edu. After communicating with ODHR, an Employee will be required to provide supporting documentation relating to the requested accommodation and participate in the interactive process regarding assistance with performing the essential functions of a position, gaining access to the workplace, and/or accessing employment benefits.
   2. If an Employee provides medical documentation to ODHR that is insufficient or states the Employee is unable to perform the essential job functions and the Employee is unable or unwilling to engage or participate in the interactive process, the College may:
      1. deny the reasonable accommodation, if requested by the employee; and/or
      2. separate the Employee from employment for their inability to perform the essential job functions.
   3. Once an Employee communicates to ODHR a need to request a workplace accommodation(s), ODHR shall provide the Employee applicable accommodation request forms, including the applicable job description for evaluation and completion by the Employee and appropriate health care provider(s). Documentation that is incomplete, not submitted, or submitted after the deadline date absent legitimate extenuating circumstances may result in closing the request until updated information is received or the Employee withdraws the request. When extenuating circumstances and/or complexity of the request are present, the time for evaluating and processing a request for an accommodation may be extended as necessary.
   4. Each accommodation request and supporting documentation shall be evaluated on an individual basis by ODHR. ODHR shall engage all parties in an interactive process, including but not limited to meeting with individual parties and collectively with all parties as appropriate, to assist with making an informed decision regarding reasonable accommodations.
   5. A final determination regarding reasonable accommodations shall be made by the respective supervisor/department leadership in collaboration with ODHR whether the requested accommodation is reasonable and can be provided, or in identifying an alternative accommodation, or that a reasonable accommodation is not required or possible.
   6. If an accommodation is granted as requested or an alternative accommodation is identified as reasonable, ODHR shall inform the Employee of the decision and discuss any questions/concerns by the Employee, if any, about the decision and steps for implementation. Once the accommodation to be provided is identified, ODHR provides in writing to the Employee details regarding the approved accommodation and implementation plan of such accommodation. ODHR shall be an ongoing resource to both the supervisor and Employee to support reasonable accommodation requests with the Employee’s ability to perform the essential job functions. Re-evaluation of reasonable accommodations may be conducted as appropriate or on a periodic basis to ensure the accommodation(s) in place continues to be effective and the interactive process may be re-engaged as necessary.
   7. If the requested accommodation is deemed not reasonable and no alternative reasonable accommodation is identified, the Employee shall receive written confirmation of the decision and informed of available options, as appropriate. If all such reasonable alternative accommodation options are deemed unacceptable by the Employee, the Employee may be separated from employment due to their inability to perform the essential job functions.
   8. If the request is determined to not require a reasonable accommodation or the Employee does not provide acceptable documentation of a disability, the Employee shall receive written confirmation of the decision.
   9. The College is not required to create a position, displace another Employee, offer a promotion, or move an Employee into a position in which the requesting Employee does not meet the qualifications. The requesting Employee is not prohibited from applying and competing for other vacant posted positions at the College.
   10. Applicants and Employees should refer to College Policy 6Hx28: 02-01 Discrimination, Harassment and Related Misconduct if questions or concerns arise regarding allegations of harassment, discrimination, or retaliation to include contacting the Assistant Vice President, Employee Relations & Services/Title IX Coordinator for assistance at 407-582-3421 or equalopportunity@valenciacollege.edu.

Procedure History: Adopted 12-11-19; Amended 10-13-22; Amended 4-4-24; Amended 11-5-24

Date of Last Procedure Review: 11-05-2024

Policy History:

Adopted 12-11-2019