Disability and Pregnancy Accommodation

I. POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center at Houston (“University”) is committed to providing reasonable accommodation to all members of the University community and to individuals who access services or programs of the University who have or had an impairment that substantially limits a major life activity.  Each request for accommodation is considered on a case-by-case basis, in accordance with state and federal laws and regulations, including the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (“ADA”), as amended.  Reasonable accommodation may be provided to (i) an individual with a disability or (ii) an employee or applicant affected by pregnancy, childbirth, or related medical conditions to enable the individual to perform the essential functions of their position and/or participate in University academic programs, services, and activities.

II. DEFINITIONS

Disability Coordinator: Associate Vice President of the Office of University Relations & Equal Opportunity ("UREO") or their designee, who manages disability and pregnancy accommodation requests for students and employees; responsible for establishing procedures and practices with respect to disability and pregnancy accommodation across the university.

Section 504 Coordinator: University-appointed subject matter experts for each school who manage requests for accommodation for students and who oversee compliance with Section 504 of the Rehabilitation Act of 1973. The Section 504 Coordinators for each school and for the Graduate Medical Education (“GME”) Program are listed on this website.

Individual with a Disability: An individual has a disability if the person:

• Has a physical or mental impairment that substantially limits one or more major life activities including, but not limited to, such as walking, talking, seeing, hearing, or learning, or operation of a major bodily function, such as brain, musculoskeletal, respiratory, circulatory, or endocrine system;
• Has a record or history of a physical or mental impairment that substantially limits one or more major life activities; or
• Meets the requirement of “being regarded as having such an impairment” if the individual establishes that he or she has been subjected to an action prohibited under the ADA because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.

A disability may be a substantially limiting impairment that is permanent, chronic, or progressive. An impairment may be caused by a medical condition related to pregnancy. An impairment that is episodic or in remission may be considered a disability if the impairment substantially limits a major life activity when active.

Qualified Individual with a Disability: An Individual with a Disability who possesses the skills, experience, education, licensing, or other requirements of a program or a position he or she presently holds or will hold, and who can perform the essential functions of that program or position with or without reasonable accommodation.

Employee or Applicant Affected by Pregnancy, Childbirth, or Related Medical Condition: An employee or applicant with a physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

Qualified Employee or Applicant Affected by Pregnancy, Childbirth, or Related Medical Condition: An employee or applicant affected by pregnancy, childbirth, or related medical condition and who also is able to perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if (1) the inability to perform an essential function is for a temporary period, (2) the essential function could be performed in the near future, and (3) the inability to perform the essential function can be reasonably accommodated.

Essential Functions: The basic duties that an individual must perform associated with their position or educational program with or without reasonable accommodation.

Reasonable Accommodation: Modification or adjustment to the application process, an educational program, or work environment that enables a qualified individual with a disability to perform the essential functions of the program or job and to enjoy equal educational and employment opportunities, so long as it does not create an undue hardship to the University.

Auxiliary Aid and Services:  Communication tools or assistance offered to qualified individuals with a disability. Examples may include, but are not limited to, recorded texts, interpreters, or other effective methods of making orally delivered materials available to qualified individuals with hearing impairments; readers in libraries for qualified individuals with visual impairments; classroom equipment adapted for use by qualified individuals with manual impairments; and other similar services and actions.  May be provided in the work or academic context or at events open to the public.

Undue Hardship: An action requiring significant difficulty or expense, considering factors including, but not limited to, the nature of the accommodation; financial considerations; the impact of the accommodation upon the nature and operation of the department; whether the accommodation would fundamentally alter the essential elements of a program or position, course or degree requirements, or requirements of instruction; and the effect of the request on the health and safety of other members of the University community.

Health Care Professional: Appropriate professional who has expertise in the medical condition and direct knowledge of the individual’s impairment and functional limitations. May include, but is not limited to, doctors, psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, licensed mental health professionals, certified physician assistants, nurse practitioners, and social workers.

Student and Trainee: A student is an individual who is actively enrolled in a school at the University, registered for classes or instruction, and is in good standing with the school. Trainees include residents and fellows.

Emotional Support Animal: An animal prescribed to an individual with an existing disability by a health care or mental health professional that is an integral part of that individual’s treatment process. Emotional support animals are not service animals.

Service Animal: A dog or miniature horse individually trained to do work or perform tasks for an individual with a disability. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purposes of defining a service animal.

Member of the University Community: Administrators, faculty, staff, students, residents, postdoctoral research fellows, clinical fellows, volunteers (including faculty appointed without salary), applicants for employment or admission, patients, or visitors.

III. PROCEDURE

A.        Procedures for Requesting Accommodation

1.      An individual may request accommodation by submitting the required request form found at www.go.uth.edu/disability. To allow adequate time to evaluate the required documentation, engage in the interactive process, and make arrangements for any accommodation to be provided, requestors are strongly urged to contact the Disability Coordinator as soon as possible.

2.      The requestor must submit the Accommodation Certification Form to their Health Care Professional to be completed by their Health Care Professional. The individual requesting the accommodation cannot complete this form. The completed Accommodation Certification Form must be returned to the Disability Coordinator within 14 calendar days of the Request for Reasonable Accommodation.

If the disability and/or need for workplace accommodation is clearly apparent, the Health Care Professional need only complete the portions of the Accommodation Certification Form pertaining to restrictions related to the employee’s specific essential job functions and suggestions or recommendations for reasonable workplace accommodation.

3.      If a completed Accommodation Certification Form is not received within 14 calendar days of the Request for Reasonable Accommodation, the Request for Reasonable Accommodation may be closed for lack of necessary supporting information. However, the employee will not be barred from re-filing the request.

Calculation of calendar days does not include holidays or “skeleton crew” days indicated on the published University calendar for purposes of this policy.

4.      When the Disability Coordinator has received both the Request for Reasonable Accommodation Form and the Accommodation Certification Form, the Disability Coordinator will determine if the requestor is qualified (i.e., a Qualified Individual with a Disability or a Qualified Employee or Applicant Affected by a Pregnancy, Childbirth, or Related Medical Condition. If the requestor is determined to be a qualified individual, the requestor and the requestor’s supervisor or Section 504 Coordinator (in the case of a student requestor) and applicable faculty will engage in an interactive process facilitated by the Disability Coordinator to determine if it is possible to grant reasonable accommodation.

5.      At the conclusion of the interactive process, when reasonable accommodation has been identified, the Disability Coordinator will prepare a written response documenting the offer of accommodation. This offer must be accepted and signed by the Disability Coordinator, the requestor, and the requestor’s supervisor or Section 504 Coordinator. The Request for Reasonable Accommodation, the Accommodation Certification Form, the written response, and other related documents will be maintained by the Disability Coordinator. The Disability Coordinator will facilitate the implementation of the accommodation within the University or at affiliate partners.

6.      When a requested reasonable accommodation cannot be granted for any reason, as permitted by law, the Disability Coordinator will notify the requestor in writing. If a requestor disagrees with the denial of an accommodation, the requestor may appeal in writing to the Disability Coordinator within seven calendar days of receipt of the written response. Under most circumstances, the Disability Coordinator will render a written decision within 14 calendar days of receipt of the appeal.

7.      The Disability Coordinator is responsible for working with University leadership to identify funding for reasonable accommodation. All expenses related to accommodation will be processed by the granting department or educational program.

B.         Service Animals and Emotional Support Animals

See the attached guidelines for information on the use of service animals and emotional support animals.

C.        Independent Medical Opinion

The University may require the individual making the request for accommodation to obtain, at the University’s expense, an independent medical opinion concerning the impairment for which an employee or student seeks a reasonable accommodation. This opinion may include additional suggestions or recommendations regarding reasonable workplace accommodation, academic accommodation, or auxiliary aids. The failure of the requesting individual to cooperate with obtaining this independent medical opinion will result in the denial of the request for accommodation/auxiliary aid.

D.          Confidentiality

Records or information obtained by the Disability Coordinator as part of the accommodation request process that reflect diagnosis, evaluation, or treatment of a person’s health condition are confidential and shall be maintained by UREO. Such records shall be shared only with those University employees whom the Disability Coordinator determines have a need to access such records in order to implement the workplace/academic accommodation process. These records shall not otherwise be released to anyone except as required by law.

E.         Complaint

Any individual who alleges discrimination on the basis of a disability may contact UREO and file a complaint pursuant to HOOP 183, Nondiscrimination, Anti-Harassment and Equal Opportunity. Any individual who alleges retaliation due to a request for an accommodation made pursuant to this policy may contact the Office of Institutional Compliance pursuant to HOOP Policy 108, Protection from Retaliation.

F.        Other Requests for Accommodation

Patients and other individuals who access University services or programs and have an accommodation request not otherwise addressed by this policy should contact the Disability Coordinator.

IV. CONTACTS

• • University Relations & Equal Opportunity
  • 713-500-2255
  • [email protected]
  • https://www.uth.edu/hr/department/equal-opportunity/
• • Section 504 Coordinator
  • https://www.uth.edu/hoop/section-504-coordinators.htm

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