Equal Opportunity

Implementation and Responsibility

The university established an Affirmative Action Plan in 1972 which is periodically updated in order to comply with applicable legislation and to insure that the Board of Trustees' equal opportunity policy is implemented.

Each university staff member is responsible for complying with the university's equal opportunity policies. A staff member's performance may be appraised in part on whether or not the staff member interacts inclusively with all staff, faculty, students or members of any other constituent group with which the staff member has job-related contact.

Each supervisor and department head is responsible for insuring that equal opportunity exists within the work unit or department and is expected to take immediate and corrective action if incidents contrary to university policy occur.

The Associate Vice President for Business Services is responsible for monitoring the university's compliance with Sections 503 and 504 of the Rehabilitation Act of 1973. The Chief Diversity Officer is responsible for monitoring the institution's compliance with equal employment opportunity legislation and for compliance with Title IX of the Education Amendments.

All policies and procedures contained in this manual are to be implemented in accordance with the university's equal opportunity policy.

Discrimination and Harassment

Discrimination against or harassment of individuals based on sex, race, color, national origin, religion, creed, age, disability, marital or familial status, sexual orientation, veteran or military status, gender identity, or any other prohibited basis of employment discrimination is inappropriate in the university community, which is committed to diversity and inclusiveness. Such harassment may be a violation of university policy (see the "Sexual Harassment" policy in the Campus-wide Policies section of the manual) and applicable laws, and staff who engage in such conduct may be subject to corrective action (see the "Corrective Action" policy in the Standards of Conduct section of the manual), including termination of employment.

Individuals with Disabilities

The University of Puget Sound is committed to equal opportunity and access for people with disabilities. In compliance with Sections 503 and 504 of the Rehabilitation Act of 1973 and Titles I and III of the Americans with Disabilities Act (ADA) of 1990, the university does not exclude otherwise qualified persons with disabilities from participating in employment opportunities and university programs and activities.

The ADA protects "people with disabilities" and defines a person as disabled if he or she:

• has a mental or physical impairment which substantially limits one of life's major activities, such as walking, hearing, etc., or
• has a record or history of such an impairment, or
• is regarded as having such an impairment.

In addition, a person who is associated with someone with a disability is protected from employment discrimination based on unwarranted assumptions (e.g., a person misses work to care for a disabled individual).

Applicants and staff members are not required to identify themselves as having a disability; self-identification is strictly voluntary. The job-related skills and experience of all applicants and staff members should be evaluated without regard to disability or any accommodations that may be necessary.

The ADA defines a person with a disability as "qualified" for a position if he or she is able to perform the essential job functions-with or without reasonable accommodations. Essential job functions are the fundamental tasks of a job, as defined by the employer, usually in writing. Accommodations may include changes in facilities, equipment or policies that enable an otherwise qualified disabled individual to perform the essential job functions. An accommodation is considered reasonable-and is required-if it effectively allows the person to perform the essential job tasks, while not placing an undue hardship on the employer. Decisions about accommodations or undue hardships are made on an individual basis. Department heads should contact the Human Resources Department for assistance when a job applicant or a staff member with a disability requests accommodation.

Supervisors and department heads may periodically need to assess whether a reasonable accommodation is necessary to enable a disabled staff member to perform essential job functions.

The search for reasonable accommodations should follow the steps outlined below. Supervisors and department heads are encouraged to request assistance from Human Resources early in this process.

Step 1. Determine whether the staff member has a disability, which is protected under the employment discrimination laws, as defined above.

Request certification from the staff member's health care provider if there is a question regarding the presence of a disability. Human Resources should also be consulted in questionable cases.

Step 2. Determine which functions the staff member is unable to perform.

Identify all limitations by talking to the staff member, requesting certification from the staff member's health care provider or obtaining additional certifications from other health care providers. Human Resources should be involved in requests for clarifications from the staff member's treating health care provider or for additional opinions.

It is important at this step to make sure the staff member's job description is up-to-date and complete, as all health care providers should be provided up-to-date job descriptions. Job descriptions can be supplemented with information in the transmittal letter if it assists in describing the requirements of the job which the staff member is expected to perform or has had difficulty with or been unable to perform.

Step 3. Determine whether any of the functions that the staff member is unable to perform are essential job functions.

Human Resources should be consulted for assistance with this step of the process. Generally, essential job functions are ones which are so critical that they cannot be eliminated from the job without significantly changing that position's role and contribution to the organization. Essential job functions are also those which, regardless of frequency of performance, cannot be assumed by another staff member without undue hardship on the University or which would cause undue hardship to the university if there was no one available to accomplish the function. Essential job functions are also those which so significantly impact a job that if they were to be added or eliminated, there would be a change in job classification or salary range.

If any function is not essential and the staff member is unable to perform the nonessential function due to the disability, the nonessential function must be eliminated from the staff member's job. If the staff member's disability limits or prevents performance of an essential function, proceed to Step 4.

Step 4. Determine whether there are any accommodations that would permit the staff member to perform the essential job functions.

At this step the supervisor or department head and the staff member, with the assistance of Human Resources, should identify all alternatives. Human Resources can help the supervisor or department head find other sources for ideas. The staff member should be involved in this process as he or she may be a good source of ideas on accommodations.

Examples of reasonable accommodations include, but are not limited to, making facilities readily accessible, restructuring jobs through the elimination of nonessential functions, part-time or modified work schedules, acquisition or modification of equipment or devices, reassignment to a vacant position, modifications to examinations, training materials or policies, or providing qualified readers or interpreters.

Step 5. Evaluate all possible accommodations.

This is the step when the supervisor or department head, the staff member and Human Resources should focus on the effectiveness of each alternative. Health care providers, both treating and examining, may also be consulted as an aid to evaluating the effectiveness of the alternatives.

An accommodation is reasonable if it is effective in eliminating the limitations. It should be reliable and capable of being provided in a timely manner. It should allow the staff member to attain the same level of performance as non-disabled staff members.

The university is not required to make an accommodation which imposes an undue hardship on its operations. Undue hardship is generally an action requiring great difficulty or expense. The determination of whether an accommodation constitutes an undue hardship, e.g., an action that is unduly costly, extensive, substantial, disruptive or will fundamentally alter the nature of the program, should be made with the assistance of Human Resources.

Step 6. Select an accommodation.

If there is more than one reasonable accommodation, the staff member should be consulted for her or his preference(s). The university, however, should choose the reasonable accommodation, keeping in mind the staff member's preference(s). If the university does not choose an accommodation preferred by the staff member, the university's choice should be justified by the university's business needs or operations.

If no reasonable accommodations can be made in the staff member's present job, the university must identify any other open positions for which the staff member is qualified. If there are any such openings within the staff member's own department, the staff member must be offered reassignment. If there are openings outside the staff member's department, Human Resources will assist the staff member through the internal application process. If the staff member declines an intradepartment reassignment or an offer of a position in another department, she or he should be advised of the university's leave policies.

Step 7. Monitor and evaluate the accommodation following implementation.

The supervisor or department head should periodically talk to the disabled staff member after the accommodation is implemented to evaluate its ongoing effectiveness. Changes should be considered if the accommodation is found not to be effective or if the accommodation becomes unreasonable. The search for replacement accommodations may follow the same six steps used before. Over time further modifications may be needed, either due to changes in the university's operations or the staff member's condition. If this happens, the same steps may be used again.

Origination Date: 1972
Revised: 2007