See Procedure (Soon):  Americans with Disabilities Act (ADA) - Students for the college’s implementation of the ADA regarding students.

PURPOSE:

To prohibit discrimination on the basis of disability in all aspects of employment-related activities as outlined in federal and state law.  This procedure and the ADA applies to all Central Wyoming College employees at all college locations (see locations listed in process) and employees working remotely at non-college facilities.  It is the goal of CWC to promote a climate that will sustain attention to the Americans with Disability Act in the spirit in which it was designed and promote a climate of inclusivity and equity amongst our employee population and throughout our communities.

CWC does not discriminate in employment against qualified individuals with disabilities in any  employment-related activities, including job application procedures, hiring, termination,  advancement, compensation, job training and other terms, conditions or privileges of employment.

A.  Disability:  From the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), disability means, with respect to an individual:

B.  EEOC: Refers to the Equal Employment Opportunity Commission of the United States
C.  Major Life Activities:  Include but are not limited to:

D.  Qualified Individual With A Disability:  An individual who has the experience, education and/or training to perform the essential functions of a position (those duties for which the position was created), with or without reasonable accommodation.
E.  Reasonable Accommodation:  A modification of a job or work environment in a manner that will enable a qualified individual with a disability to perform essential functions of the job.
F.  Undue Hardship: Any action that is unduly costly, extensive, or disruptive. An employer is not required to make an accommodation if it would impose an undue hardship.
G.  Job Accommodation Network (JAN): A free service that helps employers to identify potential accommodations to employees.

PROCEDURE STATEMENT:
The Americans with Disabilities Act of 1990 (ADA), the Americans with Disabilities Act Amendments Act (ADAAA) 2008, and Section 504 of the Rehabilitation Act of 1973 require that Central Wyoming College (CWC) provide a reasonable accommodation to qualified applicants for employment and employees with a disability unless the college can demonstrate that doing so creates an undue hardship to the college or poses a direct threat to the safety of the employee or others in the workplace. An accommodation may include a change to the work environment or to the way in which a job is usually performed.  

The accommodation process involves an in-depth review of the job requirements and the limitations or performance problems the employee's disability creates to identify changes or modifications that will allow the employee to perform the essential duties of his or her job.

The employer begins by reviewing the essential job duties of the position, engaging in an interactive process with the employee and conducting a careful analysis of the employee's requested accommodation and supporting documentation. An employer may determine that providing the requested accommodation creates an undue hardship when the cost of providing the requested accommodation has a grave financial impact on the organization or is unduly disruptive.

CWC will make every effort to assist employment applicants and employees who request a reasonable accommodation. Any individual who has been diagnosed with, has a history of medical care for, or is known to have, a qualified disability may request a reasonable accommodation at any point. 

CWC is required to assist with an accommodation for the known disability of a qualified  applicant or employee if it will not impose an "undue hardship" on the operation of the college. 

CWC is not required to lower our internal quality standards to make accommodations.  Additionally the College is not required to provide personal items such as glasses or hearing aids. 

Each accommodation request is considered on a case-by-case basis.

PROCEDURE

Step 1: Determine Whether the Individual is a Qualified Individual With A Disability
When the college receives a request for accommodation, or learns of a possible need for an accommodation, the college HR department will first determine if the individual is a Qualified Individual With A Disability as defined above.

Step 2: Initiate the Interactive Process
Upon learning of the possible need for a reasonable accommodation under the ADA, HR will engage in a process in which the employee, the employee’s healthcare provider, and the HR Department of the college share information regarding the nature of the disability and the limitations that may affect the employee's ability to perform the essential job duties.

The purpose of this discussion is to determine what (if any) accommodations may be needed. The interactive process involves a review of the accommodation request from the employee and supporting documentation from a healthcare provider.

The supporting documentation from a health care provider will outline the nature of any impairment(s), severity, duration, activities limited by the impairment(s), and the extent to which the impairment(s) limits the employee's ability to perform the job's essential duties/functions.

To be considered for reasonable accommodation the employee must provide a written medical release to the employer in the event the employer needs to consult with the employee's health care provider.

Step 3: Assess if the Employee Has a Disability Under the ADA
CWC will use the definition of a "disability" and a "qualified individual with a disability" under provisions of the ADA, along with information from the employee's health care provider, to make this determination.  See the process for further details.

Step 4: Determine Accommodations
The college will review the accommodation request from the employee or health care provider to determine whether the requested accommodation would create an undue hardship to the college (see Step 5, below). Alternatives to the requested accommodations can be suggested if the initial request creates an undue burden but there is another cost-effective way to provide the needed accommodation.  See the process for further details.

Step 5: Determine if the Accommodation Is "Reasonable" or Creates an "Undue Hardship"
The college will determine if the requested accommodations are reasonable as defined in the ADA.  See the process for further details.

After the type of accommodation has been determined, the college will document the specifics of the accommodation.

Step 6: Notify the Employee
HR will notify the employee in writing that his or her requested accommodation has been approved, denied, or amended. Details specific to the accommodation will be clearly communicated and documented with the employee.  HR must maintain all copies of accommodation requests, supporting medical information and documentation, including denials.

Step 7: Review and Modify
Accommodation needs may change over time.  Either the college or the employee can request a review of accommodations on a periodic basis.  

CONTACT:
See the associated process for this procedure for contact information regarding the Americans With Disabilities Act as implemented by CWC.


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