Reasonable Workplace Accommodation Policy

Fordham University’s Policy and Procedures for Employees and Applicants to Request a Reasonable Workplace Accommodation

Policy Statement

It is the University’s policy to provide reasonable accommodation(s) to qualified individuals to enable them to apply for a position at Fordham or to perform their job duties unless it creates an undue hardship to the University or fundamentally alters the position.

Reason for the Policy

Federal, state and local laws provide protections for job applicants and individuals that require the University to provide workplace accommodations for certain employees. These laws include: the American’s with Disabilities Act (“ADA”), Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, as well as the New York State Human Rights Law and the New York City Administrative Code.

Responsible University Office/Officer

Office of Human Resources Management:

• Gülay Siouzios ([email protected]), Director of Labor and Employee Relations

Applicability of the Policy

This policy applies to all prospective job applicants, employees of the University, independent contractors and freelancers. It includes, but is not limited to, recruitment, job application process, hiring, training, disciplinary actions, compensation, promotions and transfers, job classification and other terms and conditions of employment. This policy applies to employees of the University in a full-time or part-time capacity, or in a permanent or temporary position.

Policy Text

A qualified employee, applicant, or independent contractor/freelancer may request an accommodation:

1. For religious observations or practices;
2. When related to a disability;
3. When related to pregnancy, childbirth, or a related medical condition, including lactation; or
4. For the individual’s needs as a victim of domestic violence, sex offenses, or stalking.

Fordham is required to provide an accommodation to the known disability or condition/circumstance of a qualified applicant or employee if it would not impose an “undue hardship” on its operation or fundamentally alter the nature of the position. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as employer’s size, financial resources and the nature and the structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

Fordham University adheres to all the applicable federal, state and local laws, regulations and guidelines with respect to providing reasonable accommodations as required.

Disability Accommodations
A qualified individual is a person with a disability who, with or without reasonable accommodation, can perform the essential functions of their job. An accommodation it is a change or modification to the work environment due to the physical, medical, mental or psychological impairment that substantially limits one or more of the major life activities of an individual. An individual who has such impairment, has a record for such impairment, or is regarded as having such impairment will be deemed an “individual with a disability” under this policy, whether the disability is visible and apparent or not.

Religious Accommodations
A change or modification to the job application process or work environment to allow an individual to practice or observe their sincerely held religious beliefs, including the observance of the Sabbath and other holy days.

Pregnancy, Childbirth or Related Accommodations

A change or modification to the work environment due to pregnancy, childbirth, or a related medical condition, including the need to lactate. Such accommodations may include modifications of the employee’s job duties or work rules, so long as the employer knew or should have known of the employee’s pregnancy, childbirth, or related medical condition and regardless of whether their medical condition amounts to a disability, as long as it is related to pregnancy or childbirth. Examples of “related medical conditions” include physical and mental conditions related to (i) termination of pregnancy, including via miscarriage, stillbirth and abortion; (ii) the health of the employee during the pregnancy, including conditions such as gestational diabetes, preeclampsia and nausea or vomiting; and (iii) the health of the employee postpartum, including conditions such as depression, anxiety, incontinence, lactation and menstruation, among others.

Accommodations for Victims of Domestic Violence, Sex Offenses and Stalking
An accommodation caused by the needs of employees who have been the victim of domestic violence, stalking or other sexual offenses such as to:

• seek medical attention for injuries; obtain services from a domestic violence shelter, program, or rape crisis center or obtain psychological counseling;
• participate in safety planning or to take other actions to increase safety from future incidents of domestic violence;
• to obtain legal services, assist in the prosecution of the offense, or appear in court in relation to the incident of domestic violence.