Creighton University St. John's

Accommodation Request

Accommodation Requests

All employees seeking accommodations should work directly with the Human Resources Generalist for their area.

Purpose:

Creighton University values diversity and is committed to the full inclusion and participation of persons with disabilities in all aspects of university life, including employment, and will provide reasonable accommodations to applicants, candidates, and employees with known disabilities, as well as qualified disabled veterans. The University follows all state and federal laws and regulations, including the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504).  In addition, Creighton University provides religious accommodations, in compliance with Title VII of the Civil Rights Act, for an individual’s sincere religious beliefs and practices.

It is the responsibility of each employee with a disability, or religious belief/practice, to make known the need for an accommodation by submitting a request for an accommodation pursuant to established procedures.

Disability Definition:

Under the Americans with Disability Act (ADA), an employee or applicant with a disability is an individual who has a physical or mental impairment that:

  • Substantially limits one or more major life activities,
  • A person who has a history or record of such an impairment,
  • Or a person who is perceived by others as having such an impairment.

Religion Definition:

Under Title VII, the term “religion” simply means a sincerely held belief. According to the Equal Employment Opportunity Commission (EEOC): Religion includes not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism, and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others.

Employee Steps:

An employee who is having difficulty performing the essential functions of their job due to a medical condition/disability or is requesting a religious accommodation pertaining to their employment, should refer to the steps below. Not all accommodation cases are one in the same. The following procedures are to ensure consistent practices are used when initiating, discussing, and processing accommodation needs for all employees.

  • Step 1. Employees must complete the Accommodation Request Form for a disability or religious accommodation as soon as it is known an accommodation may be needed.
  • Step 2. The Sr. HR Generalist will receive notice once an Accommodation Request Form has been submitted. The Sr. HR Generalist may conduct an intake meeting with the employee, within a reasonable timeframe, to discuss the accommodation request in fuller detail.
  • Step 3. Employees should work with their Sr. HR Generalist and participate throughout the interactive process.

*Additional documentation may be requested to be completed for disability requests such as an employee HIPPA Authorization Form and Medical Certification Form for the Healthcare provider. Anywhere between 10-15 calendar days would be a preferred and reasonable timeline to have such documents returned for the Sr. HR Generalist to review and process the accommodation request in a timely manner.

  • Step 4. For a disability, the employee should work with their physician or healthcare provider to help provide additional information or documentation supporting the accommodation need, when necessary.
  • Step 5. During the interactive process, the Sr. HR Generalist will collaborate with the manager, leadership, and/or General Counsel when appropriate.
  • Step 6. The Sr. HR Generalist will provide consistent communication to the employee and manager, when needed, throughout the interactive process.
  • Step 7. Once all required documents and information has been reviewed, The Sr. HR Generalist will make the determination of the accommodation request and provide a determination letter to the employee, copying their manager and/or department leader.
    • Documentation is sufficient if it: (1) describes the nature, severity, and duration of the employee's impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee's ability to perform the activity or activities; and, (2) substantiates why the requested reasonable accommodation is needed.
  • Step 8. Employees should contact their assigned Sr. HR Generalist for any changes, concerns, or questions regarding their accommodation. If an employee’s approved accommodation has ended or is soon to expire, the employee must contact their Sr. HR Generalist to recertify or re-apply for an accommodation if support is still needed.
  • Step 9. If transferring to a new manager or job, an employee should inform their direct supervisor of any approved accommodation arrangements.

Reasonable accommodations are aligned to meet the needs of the employee to perform the essential functions of their job and the University. Accommodation plans may be revised if changes occur in the job description or medical condition.

Confidentiality and Records
All Creighton University employees have a legal obligation to maintain confidentiality regarding a staff or faculty member's disability-related information. To that end, supervisors and human resources shall provide information to staff and faculty only when necessary to facilitate accommodations.

Accommodation Appeal Process:

If an employee is not satisfied with the reasonable accommodation selected or has been denied an accommodation request, they may file a formal Accommodation Appeal to Human Resources. A concern may be filed within 30 calendar days after an accommodation determination has been communicated.

Alternative Dispute Resolution
Employees who have been denied or is not satisfied with the reasonable accommodation selected, should first contact the Human Resources ADA Coordinator, Victoria Strawn.

The ADA Coordinator is responsible for ensuring compliance with the Americans with Disabilities Act and related federal and state accessibility laws and to assist with specific inquiries.

The ADA Coordinator will review the concern and work with campus resources appropriate to the issue to determine whether the concern can be resolved through means other than a formal appeal review.

Formal Accommodation Appeals Process
When an alternative resolution process is not successful or appropriate to address the concern, the employee or applicant can file a formal appeal with the ADA Coordinator within 30 calendar days of the accommodation decision. To appeal, the appellant must address, in writing, to the ADA Coordinator, one or more of the following bases for appeal:

  • Identify the facts in the record which do not support the accommodation denial and explain why those facts warrant a different outcome.
  • Identify new facts that were not known and could not have been discovered during the interactive process and state how these new facts would change the analysis and decision.
  • Identify how the denial was based on factors proscribed by state or federal law.

Employee Steps for Appeal

  • Step 1. Employees may access the electronic Accommodation Appeal Form, here. (accommodation appeal form survey link should be embedded on the word "here").
    •  Applicants may contact their recruiter or Sr. HR Generalist to be referred to the ADA Coordinator to file an Accommodation Appeal.
  • Step 2. A concern should be filed within 30 calendar days after an accommodation determination communication.
    •  Appeals filed after 30 calendar days may be considered on a case-by-case basis.
  • Step 3. When an appeal is filed, a thorough investigation will be conducted by the designated ADA Coordinator in partnership with HR Leadership and General Counsel.
  • Step 4. The ADA Coordinator may ask for additional documents from the appellant and any involving parties (HR Generalist, manager, etc.)
  • Step 5. The ADA Coordinator will deliver a written summary detailing the appeal filed, results from the investigation, and description of any proposed resolution(s).
  • Step 6. A final written resolution summary will be sent to the employee or applicant, manager, and HR Generalist.
  • Step 7. The final written resolution, whether deemed granted for the request or the status stays as denied, will be final.
    • Final written resolution will be sent no later than 30 calendar days after the appeal filed date.

This appeal process will be construed to protect the substantive rights of interested persons, meet appropriate due process standards, and assure Creighton complies with Title VII of the Civil Rights Act, Section 504, and the ADA and their implementing regulations. All appeal information and related reports are kept confidential and may only be discussed with those on a need-to-know basis (e.g., General Counsel and/or HR Leadership)

For Managers and Department Leaders:

Managers and department leaders have an essential role in the interactive process for supporting an employee or applicant’s reasonable accommodation request. To assist with these types of interactions, refer to the Manager Toolbox for resources regarding the reasonable accommodation process.

Creighton University is dedicated to creating an environment where everyone feels valued, respected, and included. Creighton does not discriminate based on race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation in its programs, activities, or employment.