Commitment to Accessibility and Inclusion
Pacific University is committed to providing equal employment opportunity to qualified individuals with disabilities and to complying with all applicable federal, state, and local laws, including the Americans with Disabilities Act (ADA), as amended.
Consistent with the ADA and guidance issued by the Equal Employment Opportunity Commission (EEOC), Pacific University will provide reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability unless the accommodation would impose an undue hardship on the operation of the University or pose a direct threat to the health or safety of the employee or others.
Pacific University will engage in a timely, good-faith interactive process with employees who request accommodations to determine appropriate and effective accommodations that enable the employee to perform the essential functions of the position, with or without reasonable accommodation, while maintaining institutional operations and workplace safety.
Employees seeking workplace accommodations should submit requests through Human Resources to ensure proper documentation and review through the University’s ADA interactive process. Supervisors who receive accommodation-related requests must promptly refer the employee to Human Resources.
ADA Requests
Pacific University has partnered with a disability insurer, The Standard, to assist with ADA accommodation requests and to provide stay-at-work and return-to-work support to employees who have filed a disability and/or absence claim. In addition, The Standard provides ADA Accommodation Services not covered by the University’s group disability insurance policy to the University’s eligible population (i.e., qualified individuals with disabilities, including applicants and employees) to support compliance with the Americans with Disabilities Act Amendments Act of 2008 (ADA-AA).
The Standard provides a dedicated Accommodation Specialist to support employees throughout this process. The Accommodation Specialist works with the employee and their medical provider to explore accommodation options that may assist when a disability interferes with the employee’s ability to perform the essential functions of their job.
What Is the ADA?
The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in several areas, including employment. The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities unless doing so would create an undue hardship for the employer. A reasonable accommodation is a modification or adjustment to the work environment or job responsibilities that enables an employee with a disability to perform the essential functions of their position.
Step 1: Referral to The Standard
Human Resources refers employees to the ADA Accommodation Specialist at The Standard when:
- An employee makes a verbal or written request for workplace assistance or accommodation, or
- Human Resources becomes aware that an employee may be experiencing difficulty performing the essential functions of their position due to a medical or psychiatric condition.
Step 2: The Standard Initiates Contact
The Standard will initiate the accommodation process by sending an introduction email through DocuSign.
Employees are required to respond and complete the requested forms within 15 days of receipt. The forms allow the employee to authorize communication between The Standard, their medical provider, and Pacific University to evaluate potential accommodation options.
Step 3: ADA Interactive Process
The ADA requires employers to engage in an interactive process with employees who request accommodations.
The EEOC defines the interactive process as an ongoing dialogue between the employer and the employee regarding:
- The nature of the employee’s limitations
- How the disability affects the employee’s ability to perform essential job functions
- Potential reasonable accommodations that may assist the employee
The interactive process typically begins with a discussion between the employee and the assigned Accommodation Specialist at The Standard.
Timely participation in this dialogue is essential to the accommodation review process.
The University may request reasonable medical documentation when necessary to understand the employee’s functional limitations and to evaluate appropriate accommodation options, consistent with the requirements of the Americans with Disabilities Act.
Reasonable accommodations are generally implemented on a prospective basis and do not typically excuse performance deficiencies, conduct issues, or policy violations that occurred prior to the request for accommodation.
Step 4: Pacific University Review of Accommodation Request
After gathering relevant information from the employee and the employee’s medical provider, The Standard will present accommodation options to Pacific University for review.
Human Resources will evaluate the request in consultation with:
- The employee’s supervisor
- Department leadership
- Other relevant stakeholders, as appropriate
The University will determine whether the requested accommodation:
- Enables the employee to perform the essential functions of the position
- Can be implemented without creating an undue hardship
- Does not pose a direct threat to the health or safety of the employee or others
Human Resources will communicate the University’s decision to The Standard, which will then notify the employee or engage in further dialogue if alternative accommodations should be explored.
The typical review timeline is approximately four to six weeks, although additional time may be required depending on the complexity of the request.
While the University will give full consideration to the employee’s requested accommodation, Pacific University retains the discretion to select among effective accommodation options that enable the employee to perform the essential functions of the position.
Step 5: Fitness-for-Duty Evaluation (When Applicable)
In certain circumstances, concerns regarding an employee’s conduct, judgment, or ability to perform the essential functions of their position may raise questions about whether a medical condition could be affecting workplace performance.
Consistent with the Americans with Disabilities Act (ADA) and guidance issued by the Equal Employment Opportunity Commission (EEOC), employers may require a fitness-for- duty evaluation when it is job-related and consistent with business necessity.
A fitness-for-duty evaluation is a medical or psychological assessment conducted by a qualified healthcare professional to determine whether an employee is able to safely and effectively perform the essential functions of their role, with or without reasonable accommodation.
If a fitness-for-duty evaluation is required, Human Resources will coordinate the evaluation with the employee and, where applicable, with The Standard.
The results of a fitness-for-duty evaluation may inform or initiate the ADA interactive process and help determine whether reasonable accommodations are appropriate.
Employees are expected to cooperate with lawful fitness-for-duty evaluations and the ADA interactive process. Failure to participate in a required evaluation or provide requested documentation may delay accommodation review and may result in employment decisions being made based on the information available.
If circumstances warrant, the University may place an employee on administrative leave or temporarily modify job duties while a fitness-for-duty evaluation or the ADA interactive process is pending in order to maintain workplace safety and ensure the effective operation of the University.
All medical information obtained through this process will be treated as confidential medical information and maintained in accordance with ADA privacy requirements.
Step 6: Implementing and Monitoring
If an accommodation is approved, Human Resources will coordinate implementation with the employee and the employee’s department.
Approved accommodations will be monitored through the approved end date.
If an employee requires additional or modified accommodations, the interactive process will restart, and updated medical documentation may be requested.
ADA Accommodation Request Appeals Process
Purpose
To provide employees with a clear, fair, and consistent process to appeal decisions related to ADA accommodation requests.
Scope
This process applies to all employees who receive a denial or partial approval of a formal ADA accommodation request.
1. Notification of Decision
Employees will receive written notice outlining:
- Approved accommodations (if any)
- The basis for denial or partial approval
- Appeal rights
2. Timeline to File an Appeal
Appeals must be submitted in writing within 10 business days of the decision.
3. How to File an Appeal
Appeals must include:
- The reason for the appeal
- Any new information or documentation
- A description of the accommodation(s) requested
4. Review of Appeal
Appeals are reviewed by an HR leader and/or administrator who were not involved in the original decision, to the extent practicable.
5. Appeal Decision
A written decision will be provided within 15 business days, unless additional time is required.
6. Confidentiality
All medical and personal information is handled confidentially in accordance with ADA and privacy requirements.
7. Non-Retaliation
Pacific University prohibits retaliation against employees for requesting accommodations or filing an appeal.
Points of Contact
Pacific University HR Contact
Tracy King
HR Business and Employee Experience Partner Frye Building, 2011 21st Ave
Phone: 503.352.2882
Email: tracy.king@pacificu.edu
The Standard Contact
Judy Hernandez, PHR, SHRM-CP
Accommodation Specialist, ADA Accommodation Services Phone: 971.321.4585
Email: Judy.Hernandez@standard.com