1.2  The Department of Employment Relations of the State of Wisconsin requires each state agency, as defined in s.230.03 of the State Statutes, to have written reasonable accommodation policy and procedures. 

State Fair Employment Act (s.111.32): "Handicapped individual" means an individual who:

(a)  Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work; 
(b)  Has a record of such an impairment; or 
(c)  Is perceived as having such an impairment.

Federal Rehabilitation Act (section 504): 

(a)  Has a mental or physical impairment which substantially limits one or more of such person's major life activities; 
(b)  Has a record of such impairment; or 
(c)  Is regarded as having such an impairment.

"Major life activities" include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 

2.3  Reasonable accommodation is the effort made to make adjustments for the impairment of an employee or applicant by structuring the job or the work environment in a manner that will enable the disabled individual to perform the essential functions of the job. Reasonable accommodation includes, but is not limited to, making facilities accessible, adjusting work schedules, restructuring jobs, providing assisting devices or equipment, providing readers or interpreters, and modifying work sites.

3.2  The University of Wisconsin-Stout will adhere to applicable federal and state laws, regulations, and guidelines with respect to providing reasonable accommodations as required to afford equal employment opportunity to disabled individuals. 

4.1.1  Applicants for Employment 
 
(1)  All applicants who are invited for interviews will be informed of the agency policy to provide reasonable accommodations for applicants and employees with disabilities. They will be informed that they can request accommodation for interviews and be informed how to make the requests. 

The following paragraph will be added if a letter is used as part of the interview scheduling process: 
 

"It is the policy of the University of Wisconsin-Stout to provide reasonable accommodations for qualified persons with disabilities who are employees or applicants for employment. If you need assistance or accommodations to interview because of a disability (physical or mental impairment), please contact the Human Resource Office (715-232-2149). Employment opportunities will not be denied to anyone because of the need to make reasonable accommodations to a person's disability." 
If all interview arrangements are made by phone, this information will be given as part of the phone conversation. 

(2)  If applicants are asked questions regarding their ability to perform required job duties, all applicants should be asked the same questions. Each question may be prefaced with a statement regarding the agency's willingness to provide reasonable accommodations. 

Applicants may not be asked whether or not they have a disability. 

(3)  If an applicant indicates during the interview process that he or she has a disability, follow-up questions regarding possible accommodations may be pursued. 

(4)  Qualified applicants cannot be denied employment solely on the basis of a need to provide a reasonable accommodation. However, if an applicant who receives a tentative job offer cannot reasonably be accommodated, the offer must be rescinded. 

(5)  Applicants who have received job offers will make accommodation requests using the Disability Accommodation Request Form (DER-DAA-10). 
 

4.1.2  Employees 
 
(1)  Employees will be told about their right to request reasonable accommodations: 
 
- By means of the Disability Self- Identification Survey Form (Attachment One) included in their new hire packet from Payroll/Human Resources. 
- During the orientation for all new employees. 
- At the time of the annual survey to allow employees to self-identify as persons with disabilities. 
In addition, if a supervisor becomes aware of a potential need for an accommodation because of a performance issue, the supervisor may meet with the employee to discuss whether or not an accommodation request might be appropriate. 

(2)  All requests for reasonable accommodations must be in writing using the Disability Accommodation Request Form (DER-DAA-10).  Copies can be obtained from the Affirmative Action Office, 221 Administration, 715-232-2314.
 

4.2.1  The Process 
 
(1)  An employee who wants to request an accommodation, fills out the Disability Accommodation Request Form (DER-DAA-10) and gives it to his/her supervisor. 

(2)  The supervisor reviews the request and discusses it with the University's Affirmative Action Officer (AAO). If the request is straightforward and does not involve significant expenses, the AAO approves the request. If the request involves issues which are not straightforward, the AAO may do any of the following: 
 

-  Meet with the employee and the supervisor to get more information concerning the request. 
-  Consult with the supervisor and the Personnel Director to determine the essential functions of the job. 
-  Consult with agency budget and purchasing specialists. 
-  With the employee's permission, consult with any medical rehabilitation specialists who may be working with the individual. 
(3)  The employee will be informed of the agency decision regarding the accommodation request within 20 working days. If the 20-day limit cannot be met, the AAO will meet with the employee to agree on a reasonable time limit. The employee will be informed of the decision regarding the accommodation request in writing, using the Disability Accommodation Request Form (DER-DAA-10). 

(4)  Distribution of the request form is: 
 

-  Original to employee 
-  Copy 1 to employee personnel file 
-  Copy 2 to agency AAO confidential file 
-  Copy 3 to State Division of Affirmative Action, with the employee's name, signature, and job title deleted. 
4.2.2  Policy and Guidelines 
 
(1)  Employees may be asked to provide verification of their disability. Factors to be considered when deciding whether or not to request verification include: 
 
-  Is the employee known to have a disability? 
-  Does the applicant or employee have an observable disability? 
-  Does the request expand on an existing accommodation or previously provided accommodation for which a verification was required?  Example: an employee with a seizure disorder who needs a driver due to recurring seizures which had previously been under control. 
-  Does the request appear appropriate? 
The verification must be provided by an appropriate medical or rehabilitation professional. Although the employee must bear the initial cost of verification, this will usually be covered by health insurance. If the university requests additional verification of the disability, or the disability's impact on job requirements, the agency will bear the cost. 

(2)  Factors which should be considered when determining reasonableness include: 
 

-  Are the job functions for which the accommodation is required essential to the overall performance of the job? 
-  Is the applicant or employee otherwise qualified to perform the essential job functions? 
-  Does the accommodation accomplish the desired result, i.e., allowing the individual to effectively perform the essential functions of the job? 
-  Will the accommodation adversely affect the productivity or work environment of other employees in the work unit? 
-  Is the cost of the accommodation feasible within the budget of the agency? If not, can approval be obtained from the Department of Administration (DOA) to use funds which are statutorily reserved for reasonable accommodations?  (See Attachment Two)* 
(3)  As a general rule, the agency will purchase equipment only if it is determined that the use of the equipment is necessary in transaction of the official business of the agency. The equipment may not be of a personal nature (for example, eyeglasses, hearing aids, etc.) which the employee can reasonably be expected to provide. In determining whether the purchase of a device should be authorized, consideration will be given to how well the employee could perform the job without the equipment and whether the principal benefit will be better job performance by the employee.  NOTE:  Devices may also be available from other sources. 

(4)  The employee or applicant will always be the primary person consulted with when determining the most appropriate accommodation. 

Employees will be given an opportunity to provide, or arrange for, their own accommodations; for example, using volunteer drivers or readers, or providing their own adaptive equipment. However, the procedures in these policies and guidelines must be followed (written request, approval, etc.) Even if employees provide or arrange for their own accommodations. This gives documentation of accommodations and ensures that the accommodations are not disruptive to the workplace. 

While no legal responsibility exists for alternative placement outside the university, employees will be counseled regarding their rights to other positions in state employment. The university affirmative action officers are a resource for employees as they seek other opportunities. 

(5)  If an employee of UW-Stout acquires a disability and the university is not able to make reasonable accommodations which will allow the individual to continue in his or her current position, the university will explore the possibilities for placement in another positions within the university. The movement to another position may be a transfer, a demotion, or change to part-time employment, and must be made in accordance with applicable collective bargaining agreements, Chapter 2130 of the state statutes, UWS rules for faculty and academic staff, and Administrative Rules for Chapter 230. 

NOTE:  Under the Federal Rehabilitation Act, accommodation is only required to permit an individual to perform his or her particular job. Recent court decisions indicate that under the Wisconsin Fair Employment Act there is some responsibility to explore transfer possibilities. The extent of the responsibility has yet to be clearly developed by the courts. The responsibility to look for alternative positions is clear in s.230.37(2), Stats.: 
 

"When an employee becomes physically or mentally incapable of or unfit for the efficient and effective performance of the duties of his position by reason of infirmities due to age, disabilities, or otherwise, the appointing authority shall either transfer the employee to a position which requires less arduous duties, if necessary demote the employee, place the employee on a part-time service basis and at a part-time rate of pay or, as last resort, dismiss the employee from the service. The appointing authority may require the employee to submit a medical or physical examination to determine fitness to continue in service..." 
(6)  After accommodations are provided, the employee and his/her supervisor need to evaluate the effectiveness of the accommodation. The affirmative action officer will also be involved in this process. If modifications to the accommodation are needed, they should be requested using the procedures outlined in this policy. 

(7)  A list of resources for technical assistance in identifying the most appropriate accommodations is attached. (See Attachment Three)*
 

4.3.1  If employees disagree with a decision regarding an accommodation request, they have a right to appeal the decision using the following procedure. Applicants do not have access to this procedure.  They have the option to follow the usual discrimination complaint procedure (Personnel Commission, EEOC, etc.).

4.3.2  When an accommodation request is denied, an employee may, within 30 calendar days, appeal the decision to the agency affirmative action officer. The appeal must be in writing, stating the reason for the disagreement. The affirmative action officer will reevaluate the decision, considering any additional information or statements supplied by the employee (including any additional information from medical or vocation rehabilitation experts). The affirmative action officer may consult with staff from outside agencies, for example, DER/DAA, DHSS/DVR or DOA 504 coordinator) in the appeal process-taking care to provide confidentiality for the employee. The affirmative action officer then discusses all information regarding the appeal with the chancellor. The chancellor makes the final decision regarding the appeal in writing within 30 calendar days after the appeal was filed.