Procedure 2.05.01

Part 1. Purpose

This procedure establishes the processes and procedures for individuals to request workplace accommodations at Minneapolis College. This procedure aligns with the College’s Accessibility and Accommodations Statement (located in college Policy 2.05) as well as Minnesota State Board Procedure 1B.0.1 Reasonable Accommodations in Employment, Minnesota State Policy 1B.4 Access and Accommodations for Individuals with Disabilities, Minnesota Management and Budget Office (MMB) HR/LR Policy #1433,  State of Minnesota Human Rights Act, and The Federal Americans with Disabilities Act (ADA).

Nothing in this procedure is intended to expand, diminish, or alter the provisions of the Americans with Disabilities Act or the Minnesota Human Rights Act.

Part 2. Definitions

Some definitions used in this procedure are established in College Policy 2.05. Key definitions in this procedure include:

Essential Function: Defined by Minnesota State System Procedure 1B.0.1 Reasonable Accommodations in Employment, Part 3. Subpart B.

Individual with a Disability: Defined by Minnesota State System Procedure 1B.0.1 Reasonable Accommodations in Employment, Part 3. Subpart C.

Personal Devices and Services: As defined by Minnesota State Board of Trustees Policy 1B.4 Access and Accommodations for Individuals with Disabilities, Part 2., Subpart C.

Qualified Individual: Defined by Minnesota State System Procedure 1B.0.1 Reasonable Accommodations in Employment, Part 3. Subpart D.

Reasonable Accommodations (in the workplace): Defined by Minnesota State System Procedure 1B.0.1 Reasonable Accommodations in Employment, Part 3. Subpart E.

Undue Hardship: Under the ADA, an employer does not have to provide a reasonable accommodation if it would impose undue hardship on the employer. This must be determined on an individualized, case-by-case basis. Factors may include financial and operational impact. See Minnesota State System Procedure 1B.0.1 Reasonable Accommodations in Employment, Part 6., Subpart C. for additional information.   

Part 2. ADA Coordinator

Pursuant to Minnesota State Board Procedure 1B.0.1 Reasonable Accommodations in Employment, Part 6, Subpart F., every college must designate an individual to coordinate requests for accommodation under the ADA. The ADA coordinator on campus is:

Human Resources Manager
Phone: 659-6840 
Office: Suite K1100

Part 3. Process for Requesting Workplace Accommodations

The College aims for an interactive and collaborative process between the employee/applicant requesting reasonable accommodations and the College that ensures a full exchange of relevant information and communication. 
This process aligns with Minnesota State Board Procedure 1B.0.1 Reasonable Accommodations in Employment and MMB HR/LR Policy #1433.

Subpart A. Submission and Determination of Workplace Accommodations

1. Initial Request for Reasonable Accommodations:

• Per MMB HR/LR Policy 1433, an employee may initiate a reasonable accommodations request to their supervisor, manager, the College’s ADA Coordinator, or someone in the Human Resources Department. Supervisors and managers are required to submit any reasonable accommodations requests they receive from employees they oversee to the ADA Coordinator as soon as possible. 
  • Applicants can request reasonable accommodations through the Human Resources contact person or the hiring manager they are working with.
• The initial request may be made in person, written, orally, electronically, etc. Oral/in-person requests need to be documented in writing.
• Reasonable accommodations requests should include the following information:
  • What accommodation(s) are being requested or suggestions for possible options.
  • What job functions the employee is having difficulty performing.
  • What employment benefits the employee is having difficulty accessing.
  • What limitations, due to the disability/impairment, are interfering with the employee’s ability to perform job functions, access an employee benefit, or participate in the application process.
  • Explanation of how the proposed accommodation(s), if there are any, will effectively allow the employee to perform functions of the job, access an employee benefit, or participate in the application process.
• Employees are encouraged to submit a completed reasonable accommodations request form as part of their initial request. These are available through Human Resources, the ADA Coordinator, or on the MMB’s website. If the reasonable accommodations request form isn’t submitted as part of the initial request, the employee may be asked to complete and submit one at a later stage.
• The preferred method for requesting reasonable accommodations is to submit a completed reasonable accommodations request form to the ADA Coordinator. This helps ensure timely and efficient processing of the request. 

2. Need for Documentation of Disability and/or Need for Reasonable Accommodations:

• In some cases, the disability and/or need for accommodation is reasonably evident or already known by the College. (MMB gives the example of an employee who is blind. In these instances, additional documentation is not required, and the College will not seek further medical documentation.) Or, if the requested accommodation is minimal and the College can make the modification for its convenience, regardless of whether the employee or applicant meets the reasonable accommodations requirements. 
• In some cases, additional supporting documentation is required. For instance:
  • When the disability and/or need for accommodation is not reasonably evident or already known by the College.
  •  The information submitted by the requestor is insufficient to document the disability or the need for the accommodation.
  • A question exists as to whether an individual can perform the essential functions of the position, with or without reasonable accommodation; or
  • A question exists as to whether the employee will pose a direct threat to himself/herself or others.
• Per MMB HR/LR #1433, Where medical documentation is necessary, the ADA Coordinator will make the request to the medical provider and use the Letter Requesting Documentation for Determining ADA Eligibility from a Medical Provider form. (This form will be provided by the ADA Coordinator and can be found on MMB’s website.) The ADA Coordinator must also obtain the requestor’s completed and signed Authorization for Release of Medical Information before sending the Letter to, or otherwise communicating with, the medical provider. (This authorization form will be provided by the ADA coordinator and can be found on MMB’s website.) The employee may choose not to sign the Authorization. However, if the employee chooses not to sign the Authorization, it is the employee’s responsibility to ensure that the agency receives the requested medical information.
  • When medical documentation or information is requested, the employee is responsible for providing it in a timely manner.
  • The employee may already have documentation and information supporting the reasonable accommodations request. If the employee believes this to be the case, they may work with the ADA Coordinator to see if the documentation and information is sufficient or if additional documentation/information is still needed.
  • Traditional medical records are typically not acceptable documentation due to the technical nature of the information (which may not be able to be interpreted accurately), that they may not sufficiently describe the impacts of the disability/impairment on the employee and/or the needs surrounding accommodations, and that they may contain additional information regarding the employee outside the scope of the request.

3. Determination if the requesting employee meets accommodation standards:

• Upon receiving the initial request for reasonable accommodations, the ADA coordinator will review the request and request documentation (such as a completed reasonable accommodations request form), to determine if any supporting documentation is needed.
  • If supporting documentation is not needed, the process will continue to the next stage.
  • If supporting documentation is needed, the ADA Coordinator will reach out to the requesting employee and the processes regarding the need for documentation described earlier in this subpart will be followed.
• The ADA Coordinator will review the request and supporting documentation and determine:
  • if the requestor is a qualified individual with a disability.
  • if the accommodation is needed to:
    • Enable a qualified applicant with a disability to be considered for the position the individual desires.
    • • Enable a qualified employee with a disability to perform the essential functions of the position; or
    • • Enable a qualified employee with a disability to enjoy equal benefits or privileges of employment as similarly situated employees without disabilities.
  • Determine whether the requested accommodation is reasonable.
  • Determine whether there is a reasonable accommodation that will be effective for the requestor and the agency.
  • Determine whether the reasonable accommodation will impose an undue hardship on the agency’s operations.
• Based on these determinations, and considering the employee’s accommodations preference, the ADA coordinator will approve or deny the reasonable accommodations request.

4. If the request for accommodations is approved, the ADA coordinator will identify potential accommodations and assess the effectiveness each would have in allowing the individual to perform the essential job functions. Notification of approval and the implementation of the identified accommodations will be done in as short of a timeframe as possible.

• The ADA coordinator will select and implement the accommodation that is the most appropriate for both the individual and the College. While an individual’s preference for accommodations will be considered, the College is free to choose among equally effective accommodations.

5. If the request for accommodations is denied, the ADA coordinator shall inform the employee of the reasons for the denial in writing of the decision.

• If a specifically requested accommodation is being denied and a different accommodation is being offered in its place, the communication will also explain why the requested accommodation is being denied and the reason that the alternative accommodation is being offered and will be effective.
• Undue Hardship: The College may deny a specific accommodation or accommodations in general if implementing them would place undue hardship on the College. If financial resources are a potential restraint, the College will consult with the Minnesota State system office before deciding based on this.

Part 4. Appeal of Accommodations Decision

Employees or applicants who are dissatisfied with the decision(s) pertaining to their accommodation request may file an appeal with the College President, within a reasonable period of time, for a final decision. The President will review the request, any supporting documentation and information, as well as any additional documentation or information provided by the requesting employee in making the final decision. 
Decisions regarding accommodations are not able to be grieved under bargaining unit agreements.

Part 5. Rights and Responsibilities

Per the Americans with Disabilities Act (ADA)and Minnesota State System Procedure 1B.0.01 Reasonable Accommodations in Employment, employees with a disability have:

• The right to a reasonable accommodation so that the employee can carry out the essential functions of their job.
• The right to the elimination or reassignment of marginal functions of their job as a reasonable accommodation.
• In accordance with applicable collective bargaining agreements, the employee may have the right to request and receive bargaining unit representation during the reasonable accommodations process.
• The responsibility to inform the College that an accommodation is needed to participate in the application process, to perform essential job functions, or to receive equal benefits and privileges of employment.
• The responsibility to carry out essential job functions.
• The responsibility to provide specific, relevant medical documentation of their need for a reasonable accommodation if requested.

As an employer, the College has:

• The right to determine essential and marginal job duties.
• The right to establish job qualifications.
• The right to request medical documentation.
• The right to establish standards of performance for a job.
• The right to choose the accommodation, as long as it is effective.
• The right to deny a request for an accommodation to an individual who is not otherwise qualified to perform the essential job functions.
• The responsibility to notify job applicants and employees of its obligation to provide accommodations for otherwise qualified individuals with disabilities.
• The responsibility to make reasonable accommodations for individuals with a disability only if the disability is known and it is not an undue hardship.
• The responsibility to treat each employee with a disability on an individual basis when determining reasonable accommodations.
• The responsibility to document the request for and approval or denial of an accommodation.
• The responsibility to maintain all medical documentation in a confidential file separate from the employee's personnel file.

Employee/Applicant Request for Americans with Disabilities Act (“ADA”) Reasonable Accommodation Form can be found on the MMB Employee-Relations Equal Opportunity ADA website under the Statewide Forms section.

Owner(s) Title: Vice President of Student Affairs and Vice President of Human Resources and Workforce Equity

Date of Adoption: 11/29/2021

Date of Implementation (if different from adoption date): N/A

Date Last Reviewed: 7/31/2024 (Comprehensive Review)

History and Subject of Revisions: 7/31/2024 (Comprehensive Review. Substantial revisions across all accessibility and accommodations policies and procedures to align them and ensure cohesion. Updated the purpose and definitions. Definitions now point to the system policy/procedure that is the source of the definition used, when relevant. Substantially updated the process for requesting accommodations to add more detail, reflect current practice and alignment with system, state, and federal guidelines. Pulled the appeal information into its own Part. Updated the rights and responsibilities section to highlight important rights/responsibilities that were not highlighted before.), 11/29/2021 (Adopted)

Regulatory Authority (e.g. Minnesota State policy, federal or state law):  Section 508 of the Rehabilitation Act of 1973; WCAG 2.0 Level AA; MN.IT Minnesota State Accessibility Standard; ADA Title II Regulations; Section 504 of the Rehabilitation Act of 1973; Minnesota State Board Procedure 1B.0.1 Reasonable Accommodations in Employment; Minnesota State Board Policy 1B.4 Access and Accommodation for Individuals with Disabilities; Federal definition of disability § 35.108; Minnesota Management and Budget (MMB) Office Policy #1433 ADA Reasonable Accommodation; Americans with Disabilities Act; Minnesota Human Rights Act