Accommodations & Appeals for Employees

All employee requests for individual disability accommodation(s) are made under the appropriate employee disability accommodation policy or to the Office for Equity and Diversity when the employee is not covered under one of the policies.

Those policies currently in place include:

1. Faculty Reasonable Accommodation Policy and Procedures
2. Academic Staff Disability Accommodation Policy
3. University Staff Disability Accommodation Policy

Faculty

1. If an individual faculty member disagrees with a reasonable accommodation request decision, the faculty member may appeal by filing with the UW-Madison ADA Coordinator as provided for in the Faculty Reasonable Accommodation Policy and Procedures at Section IV.
2. A faculty member who has a complaint of disability discrimination, unrelated to a request for an accommodation, may, as appropriate, (i) pursue a grievance under FPP 8.15, or (ii) pursue a discrimination complaint with the Office of Compliance Equal Opportunity Investigation Administrator

Academic Staff

1. If an academic staff member disagrees with a reasonable accommodation request decision, the academic staff member may file an appeal with the ADA Coordinator as provided for in the UW-Madison Academic Staff Disability Accommodation Policy at Section VII.
2. An academic staff member who has a complaint of disability discrimination, unrelated to a request for an accommodation, may, as appropriate, (i) pursue a grievance under Academic Staff Policies and Procedures (ASPP) Chapter 7, or (ii) pursue a discrimination complaint with the Office of Compliance Equal Opportunity Investigation Administrator.

University Staff

1. If a university staff member disagrees with a reasonable accommodation decision, the university staff member may file an appeal with the ADA Coordinator as provided for in the UW-Madison University Staff Disability Accommodation Policy at Section VII.
2. A University staff employee who has a complaint of disability discrimination, unrelated to a request for an accommodation, may, as appropriate, (i) pursue a grievance under the university staff grievance procedure (HR Policy 17.01) or (ii) pursue a discrimination complaint with the Office of Compliance Equal Opportunity Investigation Administrator.

Other Employees (i.e., Limited Appointees, Temporary Employees)

Individuals not included in any of the above classifications or covered by the above described appeal or grievance policies or processes should contact the ADA Coordinator in the Office of Compliance. The ADA Coordinator will determine whether to refer an individual to one of the existing processes for handling appeals regarding an individual’s request for an accommodation, or refer the individual to the Office of Compliance Equal Opportunity Investigation Administrator.

ADA/504 APPEAL PROCEDURES FOR ACCOMMODATION DENIALS

The University of Wisconsin-Madison ADA/504 Coordinator (ADAC) or designee reviews appeals made by students or applicants for admission, employees, visitors or program participants hereafter referred to as the “Appealing Party” when an accommodation has been denied. Appeals must be filed within 30 days of the accommodation denial.

Appeal Process

To appeal the accommodation denial, the Appealing Party must address in writing 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.

The Appealing Party must also identify any other internal university appeals, grievances or complaints that have been filed related to the same facts.

It is within the ADAC’s discretion to decline an appeal review when the Appealing Party does not provide sufficient information to detail any basis for the appeal.

ADA/504 Coordinator Review

The ADAC’s review will determine whether:

• proper procedures were followed and all relevant information was gathered and fairly considered,
• the requested accommodation fundamentally alters the nature of the program or an essential program standard,
• the requested accommodation presents an undue financial or administrative burden to the institution,
• the denial is supported by the record and was not arbitrary or capricious,
• the denial is in compliance with the law,
• any other factors the ADAC deems relevant to the matter.

The ADAC may request detailed information from the Appealing Party and the unit denying the request, and may solicit additional information from or consult with those previously involved in the accommodation decision, the overall unit head (dean, director, vice chancellor), the McBurney Disability Resource Center, Employee Disability Resources Office, Office of Human Resources—Workforce Relations, Office of Legal Affairs, and/or others as appropriate.

Maximum possible confidentiality will be maintained and information will only be shared on a “need to know” basis, if it appears necessary in order to decide the appeal.

The potential outcomes of the ADA appeal process may include:

1. The decision to deny the accommodation is upheld.
2. The decision to deny the accommodation is overturned and the appealing party and the relevant unit return to the interactive process to determine implementation of the accommodation.
3. The ADAC returns the issue to the interactive process to reevaluate reasonable accommodations under instructions of the ADAC.
4. The appeal is dismissed for untimeliness or because insufficient information was provided by the appealing party initially or during the course of the review.

The ADAC shall provide written notification of the appeal decision within 30-calendar days to the Appealing Party, the unit that originally denied the accommodation, and other relevant parties (e.g., McBurney Disability Resource Center, Disability Divisional Representative, Employee Disability Resources Office, Dean/Director, department chair, etc.). If the 30-calendar day time limit cannot be met, the ADAC will inform the Appealing Party, the unit, and relevant other parties of an alternative time limit, not to exceed an additional 60 calendar days.

This is the final internal appeal process for accommodation denials for all parties other than students who have the right to appeal under Chapter 36.12.

Employees who believe they were discriminated against on the basis of disability in the application process, unrelated to a denial of an accommodation, may file a discrimination, discriminatory harassment or retaliation complaint with the Office of Compliance Equal Opportunity (EO) Complaint Investigation Program.  Discrimination, discriminatory harassment, and retaliation are defined by the University of Wisconsin System Regent Policy Document 14-6, as amended 10/11/2013.

The complaint must be filed with the Office of Compliance within 300 days of the alleged act of discrimination. The 300 days is counted from the date of the alleged discrimination to the date the complaint is received. In dealing with such complaints, an expedited investigation/review will be undertaken to ensure that the process was fair and supported by the record.

A timely filing of an ADA or discrimination complaint may also be made with the appropriate external governmental agency.

Individuals may also file a complaint with the appropriate external agency (i.e., Wisconsin Department of Workforce Development, Equal Rights Division; Federal Equal Employment Opportunity Commission, Office of Civil Rights).

FACULTY APPLICANTS

Applicants for faculty positions may make requests for individual disability accommodations under the UW-Madison Faculty Reasonable Accommodation Policies and Procedures (Section II).

ACADEMIC STAFF OR UNIVERSITY STAFF APPLICANTS

Applicants for academic staff or university staff positions may make requests for individual disability accommodations under the UW-Madison Academic Staff Disability Accommodation Policy (Section III.A.), or the UW-Madison University Staff Disability Accommodation Policy (Section III.A.), respectively.

Faculty, Academic, and University Staff Applicants

If an applicant for a faculty, academic staff, or university staff position has been denied a reasonable accommodation request in the application process, the applicant must follow external complaint procedures to file an appeal.

The following links are provided as resources:

Wisconsin Department of Workforce Development, Equal Rights Division;

Federal Equal Employment Opportunity Commission

Applicants for any position who believe they were discriminated against on the basis of disability in the application process, unrelated to a denial of an accommodation, may file a discrimination, discriminatory harassment or retaliation complaint with the Office of Compliance Equal Opportunity (EO) Complaint Investigation Program.  Discrimination, discriminatory harassment, and retaliation are defined by the University of Wisconsin System Regent Policy Document 14-6, as amended 10/11/2013.

The complaint must be filed with the Office of Compliance within 300 days of the alleged act of discrimination. The 300 days is counted from the date of the alleged discrimination to the date the complaint is received. In dealing with such complaints, an expedited investigation/review will be undertaken to ensure that the process was fair and supported by the record.

A timely filing of an ADA or discrimination complaint may also be made with the appropriate external governmental agency.

Individuals may also file a complaint with the appropriate external agency (i.e., Wisconsin Department of Workforce Development, Equal Rights Division; Federal Equal Employment Opportunity Commission, Office of Civil Rights).