Accommodation Request

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)

FAQs for Employees

REASONABLE ACCOMMODATION OVERVIEW AND PROCESS

Q: What aspects of the employment relationship does the ADA cover?
A: The ADA makes it unlawful to discriminate against a person with a disability in any employment practice. Employment practices include, but are not limited to, the following:

• Recruitment
• Hiring
• Compensation
• Dismissal
• Promotion
• Tenure
• Job assignments
• Training
• Leave
• Benefits
• Other terms, conditions, or privileges of employment.

Disability-related inquiries and medical examinations of employees must be "job-related and consistent with business necessity."

Q: What is an Interactive Process?
A: An Interactive Process or Interactive Discussion is the act of engaging in a collaborative communication with any individuals involved with an accommodation request which may involve Human Resources, the employee, department leader(s), General Counsel, and the employee’s healthcare provider.

Q: How does the ADA define disability?
A: Under the Americans with Disabilities Act, 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 (e.g., caring for oneself, walking, seeing, hearing, speaking, breathing, learning, sitting, standing).,
• 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.

Q: How do I know if I have a disability under the ADA or if I am entitled to an accommodation?
A: According to ADA guidelines, you are entitled to accommodations if you meet the definition of disability, are qualified for the job, and need an accommodation because of your disability. There is no “one-size-fits-all” as each case is determined based on an individual’s specific limitations. If you think you may meet the definition of disability, speak with your Sr. HR Generalist or ADA Coordinator regarding a need for an accommodation you need to begin the interactive process. Even if someone does not meet the definition of disability, it is still best to ask what options and resources are available to you!

Q: How may I ask for a reasonable accommodation?
A: There are no requirements on how someone discloses the need for a reasonable accommodation; however, should someone need an accommodation they should always refer to their manager, Sr. HR Generalist, and/or the ADA Coordinator for guidance. Need for an accommodation may be made verbally, written, or by completing the online Reasonable Accommodation Request Form.

Q: Do I need to notify my manager that I have requested a reasonable accommodation?
A: It is always best to communicate with your manager/leader any support you may need, including need for a reasonable accommodation; however, your Sr. HR Generalist or ADA Coordinator will provide communication to you and your direct manager regarding the status of your accommodation request. As mentioned, medical and/or religious information and documents will remain confidential.

Q: My healthcare provider cannot complete the medical certification form. May I submit alternative documentation towards my accommodation request?
A: Yes! Talk with your Sr. HR Generalist or ADA Coordinator directly regarding what type of alternative paperwork you may provide to consider in reviewing your accommodation request.

Q: Will my medical or religious information/documentation be disclosed with my manager or leader during the accommodation process?
A: No. All medical or religious information and documentation is kept confidential. During the interactive process, your Sr. HR Generalist or ADA Coordinator may reach out to your manager/leader to obtain additional information towards job description and responsibilities, work environment, or provide general status of the accommodation request itself.

Q: Why do I have to recertify my approved reasonable accommodation?
A: This is done so if the employee’s medical condition, religious practices, or job may have changed in any way, the accommodation request is current and can efficiently support the employee’s need.

Q: I do not agree with the determination of my reasonable accommodation request. How may I request an appeal?
A: Employees who have been denied or is not satisfied with the reasonable accommodation selected, should first contact the Human Resources ADA Coordinator to conduct an alternative dispute process. Otherwise, you 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.

Service Animals  

Creighton recognizes the importance of Service Animals as defined by the ADA. Creighton is committed to allowing individuals with disabilities the use of a Service Animal on campus to facilitate their full participation and equal access to the University’s programs and activities.

Q: What is the difference between a service animal and emotional support animal?
A: According to the ADA, a service animal is any dog that is individually trained to do work or perform tasks for an individual with a disability. Service animals can benefit individuals with a wide range of disabilities, including a physical, sensory, psychiatric, intellectual, or other mental disability.

An emotional support animal is any animal that provides emotional support alleviating one or more symptoms or effects of a person’s disability but do not have special training to perform tasks that assist people with disabilities.

Q: Under the reasonable accommodation process, would I be allowed to utilize my service animal if it is still undergoing certification training?
A: Creighton welcomes service animals in training, provided the animal is accompanied by a bona fide trainer of service animals. For those wishing to establish their bona fides as a trainer, Creighton will accept a certificate of completion from a professional certified service animal training program in compliance with the Assistance Dogs International (ADI).

ACCOMMODATIONS VS. LEAVE OF ABSENCES

Q: What is the difference between a Leave of Absence (FMLA, Parental Leave, Personal Leave, etc.) and Reasonable Accommodations? Who do I contact for either?
A: A leave of absence is either a paid or unpaid period away from work for a specific circumstance under the University’s provided leave options and/or federal or state regulations available to eligible employees. Contact Creighton’s HR Benefits Department or refer to our Leave of Absence website.

A reasonable accommodation is any modification or adjustment to a job or the work environment that will enable an applicant or employee with a disability (or religious practice) to participate in the application process or to perform essential job functions. Contact your Sr. HR Generalist or ADA Coordinator with questions regarding the accommodation process or refer to this Accommodation Request website.

PREGNANT WORKER'S FAIRNESS ACT AND PUMP ACT

Q: What is the Pregnant Worker’s Fairness Act (PWFA)?
A: The PWFA was passed in June 2023 which requires covered employers, which includes Creighton, to provide reasonable accommodation to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions.

Q: How may I request an accommodation under the PWFA?
A: Please contact your Sr. HR Generalist for guidance.

Q: What is The Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act?
A: The PUMP Act requires covered employers, which includes Creighton, to provide reasonable break time for covered employees to express breast milk for their nursing child for one year after the child's birth each time such employee has need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, which is shielded from view and free from intrusion from coworkers and the public.

Q: How may I request an accommodation under the PUMP Act?
A: Please contact your Sr. HR Generalist for guidance. Also, refer to our Lactation Support Website for additional information, including lactation room locations throughout Omaha and Phoenix campus.