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ADA Reasonable Accommodation Policy
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) are federal laws that require employers with 15 or more employees to prohibit discrimination against applicants and individuals with disabilities and, when needed, to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential duties of that job.
It is the policy of Broadview (“the company”) to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions, and privileges of employment.
This policy provides guidelines and procedures for employees and candidates for employment who are requesting an accommodation due to a qualifying disability as defined by the Americans with Disabilities Act "ADA" as amended, "ADAAA" and the Rehabilitation Act of 1973, as amended "Rehabilitation Act."
Broadview will make reasonable accommodations whenever necessary for all qualified employees or candidates for employment with disabilities (as defined by applicable law), provided that (1) the individual is otherwise qualified to safely perform the essential functions of the job and (2) such accommodations do not impose undue hardship on the Company. Where a job or work assignment is subject to health or medical standards required for assignments, this Policy does not require employment of an employee or candidate who cannot satisfy those standards.
Process for Requesting a Reasonable Accommodation
If an employee has a disability that requires an accommodation in order to perform the essential functions of his or her job, he or she must initiate a request for accommodation by contacting the Human Resources (HR) department and identify an adjustment or change at work that is needed because of a disability.
Participating in the Interactive Process
An employee seeking an accommodation under this policy will engage in an interactive dialog or "the interactive process" with the HR department to identify an accommodation that will allow the employee to perform the essential functions of the job effectively. HR will provide the employee with a form requesting medical certification from the employee’s health care provider, in an effort to determine whether the medical condition is a qualifying disability under the ADA and/or to assist in determining what accommodation(s) may be available and appropriate. It will be the responsibility of the employee to obtain this form from their health care provider(s) within 15 days of the request.
HR will review the completed Request for Accommodation Forms received from the employee and/or the employee's health care provider. If the information provided is incomplete or requires further clarification, HR may request additional information from the employee or his/her health care provider. Communication with the health care provider will be the responsibility of the employee.
If, based on medical and other information provided by the employee and/or his or her health care provider, the employee is determined to be a qualified individual with a disability, HR will notify the employee and his/her manager.
The HR Manager will work with the employee and the department manager to identify and discuss reasonable accommodations that will enable the employee to perform the essential functions of the job or to participate in the same benefits and privileges of employment enjoyed by similarly situated employees without disabilities.
In instances where there is no reasonable accommodation that enables the employee to perform the essential functions of the job, including unpaid leave and assignment to a vacant position, employment may need to be terminated.
Employees and/or candidates with a disability that interferes with their ability to apply for a job, perform their essential job functions or otherwise enjoy the benefits and privileges of employment that are available to other similarly situated employees without disabilities, and who desire an accommodation, must follow the process set forth above. The employee or candidate who requests an accommodation has the responsibility to submit all required documentation on a timely basis and to remain engaged in the interactive process with the Company while a determination is being made.
It is the employee's responsibility to work with his or her supervisor/manager, Human Resources, and a qualified health care professional to review and complete all forms required. Failure by the employee or candidate to supply the company with all relevant and requested medical information or to otherwise meaningfully cooperate in the interactive process may result in the company's denial of the accommodation or delay in the process.