ADA Accommodations

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 the process. The Accommodation Specialist works directly with the employee to gather the necessary information, including documentation from their medical provider. The Specialist then works with Pacific University to review the information provided. Pacific will work with the employee’s supervisor to review the request, understand the needs of the position and department, and explore reasonable accommodation options. Together, the employee, Pacific, and The Standard participate in the interactive process to identify accommodations that appropriately support the employee in the workplace.

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 the way a job is performed that enables an employee with a disability to perform the essential functions of their position. An accommodation may modify how or when an essential function is performed, but it does not require the removal of an essential function of the employee’s 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 to their supervisor or Human Resources for workplace assistance or an accommodation for a disability-related reason, including a medical, physical, or psychiatric impairment or limitation. Supervisors who receive a request or become aware of a potential need for a disability-related accommodation should contact Human Resources for guidance and next steps; or
  • Human Resources becomes aware that an employee may be experiencing difficulty performing their job due to a disability-related medical, physical, or psychiatric impairment or limitation.

Employees do not need to specifically use the words “ADA” or “reasonable accommodation” to begin the process. Once a potential disability-related accommodation request is identified, Human Resources will provide the employee with the Accommodation Intake Form and refer the employee to The Standard to begin the accommodation process.

HR Initial Meeting

Once Human Resources becomes aware of a potential disability-related accommodation request, HR will promptly acknowledge the request and schedule an initial conversation with the employee. Whenever practicable, this conversation will occur before the employee is referred to The Standard.

During this conversation, HR will use the AAAE approach — Acknowledge, Appreciate, Assure, and Explore:

  • Acknowledge the employee’s request and the concern or need they have shared.
  • Appreciate the employee for bringing the request forward.
  • Assure the employee that Pacific has a process for considering workplace accommodations and that HR will support them throughout the process.
  • Explore the employee’s workplace needs, answer initial questions, and explain next steps without asking the employee to disclose unnecessary medical information.

HR will also review the Accommodation Intake Form with the employee and explain the role of The Standard and Pacific University in the interactive process.

Note: This process applies to disability-related accommodation requests under the ADA. Requests related to pregnancy, childbirth, or related medical conditions under the Pregnant Workers Fairness Act (PWFA), as well as requests for religious accommodations, may follow a separate process through Human Resources.

Step 2: The Standard Initiates Contact

Pacific University uses The Standard as a third-party partner to assist with gathering medical information and evaluating potential accommodation options. The Standard’s involvement does not replace Pacific’s relationship with the employee or Pacific’s responsibility to participate in the interactive process. Human Resources will remain available throughout the process to answer questions, provide assistance with forms or the process, and help the employee navigate their accommodation request.

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 begins when an employee raises a potential need for an accommodation and continues through ongoing communication among the employee, Human Resources, The Standard, and other appropriate participants throughout the accommodation process.

Timely participation in this dialogue is essential to the accommodation review process.

The University may request additional 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

The interactive process is intended to be collaborative and individualized. Employees are encouraged to ask questions, share concerns about proposed accommodations, and let HR or The Standard know when additional assistance is needed. HR will remain engaged throughout the process and will work with the employee, The Standard, and the department to identify reasonable and effective accommodation options.

Human Resources will communicate the University’s decision to The Standard, which will then notify the employee or engage in further dialogue if alternative equally effective 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 equally effective accommodation options that enable the employee to perform the essential functions of the position.

Step 5: Implementing and Monitoring

 The Accommodation Specialist with The Standard will communicate the decision regarding the accommodation request to the employee through a written determination letter sent via email.

Pacific University will also receive notification of the determination.
Once the determination is issued, Human Resources will contact the employee to confirm receipt, answer any questions about the decision, and provide support with implementation of any approved accommodations. Employees are encouraged to contact Human Resources at any time if they have questions, experience difficulty implementing an approved accommodation, or believe the accommodation is not effectively meeting their needs.

If an accommodation is approved, Human Resources will coordinate implementation of the approved accommodation with the employee and the employee’s supervisor and department head.

Approved accommodations will remain under case management with the Accommodation Specialist at The Standard through the approved end date. The Accommodation Specialist will monitor the accommodation and coordinate any necessary follow-up, including when updated information may be needed to evaluate whether the accommodation should continue beyond the approved period.

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
    If an employee wishes to appeal an accommodation decision, the appeal must be submitted in writing to Human Resources at hraccount@pacificu.edu within 10 business days of the date 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 will be reviewed by the Associate Vice President of Human Resources, provided they were not involved in the original decision, to the extent practicable. If the Associate Vice President was involved in the original decision or is otherwise unable to provide an independent review, the appeal will be referred to legal counsel for review.
  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

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.