Ohio Admin. Code 3341-5-10

Current through all regulations passed and filed through November 4, 2024

Section 3341-5-10 - Disability/reasonable accommodation policy

(A) Policy statement and purpose

To provide for the reasonable accommodations of persons with disabilities in compliance with the law.

(B) Policy

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 established the principle that no otherwise qualified disabled individual will be treated in an unequal manner or be discriminated against under any entity, program or activity receiving federal financial assistance. This legislation applies to BGSU faculty, classified and administrative staff, and students.

Determining that an individual is disabled within the applicable federal or state law is only the first step towards determining that he or she is protected under those laws. Federal laws covering persons with disabilities protect individuals who are "otherwise qualified." This means that a disabled employee must be able to perform the "essential functions" of the job, with or without reasonable accommodation.

A disability is defined as having a physical or mental impairment which substantially limits one or more major life activity, having a record of such an impairment, or being regarded as having such an impairment. Employees who feel that they have a disability as defined above should take the following steps to ensure that their needs are met to the extent possible under ADA guidelines so that BGSU is in compliance with federal law.

(1) Employees with a disability should speak with the immediate supervisor and/or the director of disability resources to make them aware of the perceived disabling condition.

(2) The director of disability resources will meet with the individual, the work supervisor and appropriate HR representative to discuss the employment concern and clarify the procedures for establishing a reasonable accommodation.

(3) The employee will participate in a job analysis. With permission, the attending physician will be contacted to review the job analysis and provide an opinion on the employee's ability to perform the job duties as outlined. The physician will also be asked to complete a physical capacities form. In some instances an independent physician may be asked to perform these evaluations.

(4) The employee will, then, participate in discussions to determine what reasonable accommodations will be made to allow performance of the "essential functions" of the job. The information from the physician will inform these discussions.

Date: January 1, 2014

Ohio Admin. Code 3341-5-10

Effective: 3/17/2015
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345