ADA Reasonable Accommodations for Employees and Applicants 

I. Policy Statement 

Oakland Community College is committed to ensuring equal opportunity and access to all applicants and employees of the College in accordance with the Americans with Disabilities Act (ADA), the ADA Amendment Act of 2008, Section 504 of the Rehabilitation Act of 1973, and Michigan Person’s With Disabilities Civil Rights Act (PWDCRA). The College prohibits discrimination against any employee, or applicant on the basis of physical or mental disability, genetic information, or perceived disability. The College will provide reasonable and appropriate accommodations for qualified employees with disabilities and applicants, if needed, and as required by law.

Nothing in this policy shall be construed to waive the College’s right to contest whether an employee or applicant is disabled or is entitled to a reasonable accommodation.

II. Definitions

Direct Threat – A significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated by reasonable accommodation. The determination that an individual poses a “direct threat” shall be based on an individualized assessment of the individual’s present ability to safely perform the essential functions of the job. 

Disability – With respect to an individual: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; (b) a record of such impairment; or (c) being regarded as having such an impairment.

Essential Function – The fundamental job duties of the employment position the individual with a disability holds or desires. The term does not include the marginal functions of the position. A suggested accommodation is not reasonable if it requires eliminating an essential function of the job. 

Genetic Information – Information about a gene, gene product or inherited characteristic of an individual derived from the individual’s family history or genetic test.

Major Life Activities – Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. 

Reasonable Accommodation – A modification or adjustment to a job, employment practice, or work environment to the known physical or mental limitations of the qualified individual with a disability, in order for the employee to perform the essential functions of their job.

Undue Hardship – Undue hardship means with respect to the provision of an accommodation, significant difficulty or expense incurred, when balancing several factors. These factors may include, but not be limited to: i) the nature and net cost of the accommodation needed, taking into consideration the availability of funding; ii) the overall financial resources of the College involved in the provision of reasonable accommodations, the number of persons employed at the College, and the effect on expenses and resources; iii) the type of operations involved, including composition, structure and functions of the workforce; iv) the impact of the accommodation upon the operations of the College, including the impact on the ability of other employees to perform their duties and the impact on the College’s ability to conduct business.

Qualified Individual with a Disability – An individual who meets legitimate skill, experience, education, or other requirements of an employment position that they hold or seek, and who can perform the “essential functions” of the position, with or without reasonable accommodation.

III. Procedure for Reasonable Accommodations

A. Process and Forms
An employee or applicant shall follow the following steps to request an accommodation:

1. 1. The employee or applicant must identify themselves to the College as a person with a disability. 
   2. The employee or applicant must make a written request for an accommodation to the Benefits & Compensation Manager. (Attachment A)
   3. The employee or applicant must provide appropriate documentation of their disability and the need for an accommodation.

An individual with a disability may or may not need an accommodation. If an employee or applicant believes they are in need of an accommodation, they may request an accommodation by completing an Employee/Applicant Request for Accommodation form.

B. Interactive Process
The appropriate accommodation will be identified through an interactive process, which could involve the employee, the employee’s supervisor and the Benefits & Compensation Manager. The Benefits & Compensation Manager will determine, either individually or in consultation with appropriate medical professionals or College personnel, whether the College considers the employee to be a qualified individual with a disability, and will perform an assessment of the essential job functions and the reasonableness and effectiveness of the potential accommodations.

Determinations regarding accommodations will be made on a case-by-base basis. The College retains the right to select the most appropriate accommodation.

IV. Medical Documentation

At any time during the interactive process, the College may ask the employee for additional documentation regarding the disability. Upon request, the employee will be required to provide the requested documentation on the Request for Medical Certification form. The documentation may include the following information:

1. 1. Diagnosis
   2. Treatment
   3. Functional limitations
   4. Expected duration of the condition
   5. Requested accommodations 

V. Confidentiality

All medical/documentation, as well as an employee Request for an Accommodation form (Attachment A), will be maintained in a separate, confidential file, apart from the main personnel file(s). Such documentation will be kept confidential, except as necessary to administer reasonable accommodations. Accordingly, such documentation will only be shared with those individuals involved in the interactive process/reasonable accommodation process, and on a “needs to know” basis.

VI. Human Resources Department

The Human Resources Department maintains records of accommodations made for individuals with disabilities and is available for consultations with faculty, staff or supervisors who are engaging in the interactive process and making assessments of accommodation requests. In cases where a requested accommodation involves action or expenses beyond the supervisor’s authority, or in cases in which the employee and supervisor cannot agree on an accommodation, the following actions may occur:

1.  Assess various reasonable accommodations;

2.  Identify alternatives/reasonable accommodations;

3.  Gather necessary and additional medical/documentation, or further testing and/or evaluative information made by medical personnel retained by the College;

4.  Where appropriate, gather cost or other technical impact information from resources which may include:

• • • • • The department and/or employee;
        • Legal services;
        • The EEOC, Department of Justice; or
        • Rehabilitation agencies

5. Evaluate whether any accommodation is needed and, if it is, whether an accommodation is reasonable and should be made (this evaluation may include preparing cost estimates for the institution);

6. Discuss a recommendation with the department/unit;

7. Retain appropriate funding for the accepted accommodation, if needed, reasonable and necessary;

8. Analyze whether a requested accommodation poses an undue hardship.

Following the interactive process, the Benefits and Compensation Manager will send written approval or denial of the requested accommodation. 

Following the interactive process, the Benefits and Compensation Manager will send written approval or denial of the requested accommodation.

VII. Appeals

If an employee disagrees with the accommodation determination, they may appeal in writing to the Vice Chancellor of Human Resources & DEIJ at hr@oaklandcc.edu

VIII. Retaliation

Retaliation against an employee or applicant who requests an accommodation or files a complaint due to disability is prohibited. Individuals who feel that they have been retaliated against may contact the Vice Chancellor of Human Resources & DEIJ at hr@oaklandcc.edu 

IX. Additional Resources

The Human Resources Department facilitates placement of employees with work restrictions and/or in rehabilitation situations. Such placements may exceed the College’s legal duties under the ADA, the ADAA, the PWDCRA, and/or the Rehabilitation Act. In these cases, the nature of the relevant work restrictions is shared with the employing department. The nature of the relevant work restrictions may be shared with employing departments so that appropriate discussions about placement can take place. The College does not guarantee such placements nor does it waive its right to limit its responsibility to accommodate a person with a disability to the duties imposed by the applicable state and federal statutes.

Please refer all questions to:

ADA Coordinator
2900 Featherstone Road
Auburn Hills, MI 48326
Phone: (248)341-2029
Fax: (248)341-2029
jahoyt@oaklandcc.edu

X. External Resources

Michigan Department of Civil Rights
Phone: (313) 456-3700; 1-800-482-3604
Fax: (313) 456-3791
TTY: 877-878-8464
Email: MDCRServiceCenter@michigan.gov

Equal Employment Opportunity Commission
Phone: 1-800-669-4000
Fax: (313) 226-4610
TTY: 1-800-669-6820

US. Department of Education, Office for Civil Rights
Michigan-Ohio Regional Office
Phone: (216) 522-4970
Fax: (216) 522-2573
TDD: 1-800-877-8339
Email: ocr@ed.gov

OCC is an Equal Opportunity Institution

• Request for Disability Accommodation Form

Change Log

• 09-01-2022  Effective Date