Process for ADA Job Accommodation Request

In accordance with CSU Executive Order 1111, and state and federal law, Fresno State shall upon request, strive to provide reasonable accommodation to an employee or applicant for employment with a disability or medical condition, to perform the essential functions of their jobs. Reasonable accommodation is determined by the CSU following its receipt for an individuals' request for accommodation and engagement in an interactive process with the individual to identify the appropriate reasonable accommodation given the nature and extent of the individual's disability or medical condition.

The following is the procedure to be followed by applicants or employees who are requesting a reasonable accommodation: 

1. Employees and appropriate administrators should discuss accommodation needs without disclosing diagnosis.
   
   
   • Employees seeking a reasonable accommodation on the basis of their disability will need to continue the ADA process.
   • Employees requesting a full, partial or intermittent leave of absence due to illness/injury under the Family Medical Leave (FML) program for self or to care for an eligible family member will need to begin the process by initiating an FML leave.
   • ADA and FML Overview
2. Next, the employee formally begins the  accommodation request by printing the Request For Reasonable Accommodation Form.
   • Staff and MPPs: Please have the medical provider review the work duties of the position, which list the essential job functions. If the employee is unable to locate their job description, please contact Human Resources at 559.278.2032 to obtain a copy.
     
     
   • Faculty: Please communicate to the medical provider the work duties and responsibilities as described in Article 20: Workload of the California Faculty Association  (CFA) bargaining agreement.
3. The employee must complete Section A of the Request For Reasonable Accommodation Form and take this form and their job description to their physician and ask the physician to complete Section B: Certification from Physician/Health Care Provider.
   
   
4. The physician provides information on the form regarding the nature of the employee's disability or medical condition and recommendation of reasonable accommodation(s), and returns the completed form to the ADA Manager via: 
   • Confidential FAX to Human Resources at 559.278.4275
   • U.S. mail to Human Resources, 5150 N. Maple Avenue, M/S JA41, Fresno, CA 93740
   • In person, Human Resources, Joyal Administration Building, Room 211.
   • Employee may send the form via MOVEit, a confidential/secure program.  Please follow the instructions.
     

     Human Resources will send an email to the employee, once the completed form has been received. The form is maintained in a confidential file in Human Resources, separate from the applicant's or employee's personnel file, since it contains confidential medical information

     PLEASE DO NOT SEND CONFIDENTIAL INFORMATION VIA EMAIL TO HUMAN RESOURCES

5. Upon receipt of the completed Request For Reasonable Accommodation Form, the ADA Manager will review to determine whether the employee has a disability as defined by FEHA. The ADA Manager may consult with University Counsel in making this determination.
   
   
6. The ADA Manager contacts the employee, either in person, by phone, email or US mail, to advise him/her of the results of the review and, if the employee has been determined to have a disability or medical condition, to begin an interactive discussion.
   
   
7. ADA Manager will assist the employee’s appropriate administrator in obtaining additional relevant information. This may include, but is not limited to, the following:
   • Meeting with the employee and the appropriate administrator to obtain additional information concerning the request and accommodation(s).
   • Consulting with the appropriate department, division, or campus personnel staff concerning the essential functions of the job.
   • With the employee's written permission, obtaining/reviewing information from the employee’s physician who is currently treating them for their disability/serious health condition.
     
     NOTE:  All medical information obtained throughout the determination process is considered "confidential," and must be solicited and received by HR, who will provide only information about necessary restrictions and accommodations to managers and appropriate administrators.  HR will keep all medical information and the completed Request For Reasonable Accommodation Form, in a confidential records file, separate from personnel records.
8. An Interactive Discussion is held with the employee to identify the nature and extent of the employee's restrictions and the appropriate reasonable accommodation. The appropriate administrator is involved in determining the essential functions of the employee's position, and the accommodations that may enable the employee to perform the essential duties of their job; and assessing the effectiveness of the accommodations.
   
   The discussion is to be interactive, requiring active participation by ADA Manager, employee, appropriate administrator, and leave coordinator.   A union representative can participate, if requested by the employee. It is the obligation of the employee to understand their own condition and restrictions well enough to engage in this discussion.
   
   
9. The University will consider any requests or preferences stated by the employee, but the University has the ultimate discretion to select the appropriate accommodation based on costs, convenience and business justification. It is the strong preference of the University to provide an accommodation that permits the employee to remain in the current position, rather than a transfer or reassignment.
   
   
10. The appropriate administrator and the ADA Manager will inform the employee in writing of the initial decision regarding the request, normally within 20 working days of the submission of the completed Request For Reasonable Accommodation Form or 10 working days from the Interactive Discussion meeting. If more time is needed, the appropriate administrator and ADA Manager will inform the employee.
    
    
11. Generally, equipment will be coordinated by Human Resources only if it is determined that the use of the equipment is necessary in transaction of the official business of the University. The equipment remains the property of the University.  The equipment may not be of a personal nature (for example, eyeglasses, hearing aids, etc.) which the employee can reasonably be expected to provide.
    
    
12. Should a requested accommodation involve physical barriers, requiring general facilities modification, Facilities Management, along with HR, and others as appropriate, will review the request. If it is deemed reasonable, the request will be processed through the normal facility service request procedures. 
    
    
13. After accommodations are provided, the employee and the appropriate administrator will evaluate the effectiveness of the accommodation. If modifications to the accommodation are needed, they should be requested using the procedures outlined in the ADA process. The ADA Manager may request an updated Request For Reasonable Accommodation Form to review  accommodation.
    
    
14. If an accommodation request is denied, the appropriate administrator and ADA Manager will provide information regarding the appeal process in the response sent to the employee or applicant.
    
    
15. All records related to an employee or applicant's accommodation are maintained in a confidential file in Human Resources to be kept separately from the personnel file.