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Table of Contents:

• Policy Statement
• Defined Terms
• Requesting a Reasonable Accommodation
• Specific Procedures With Respect to Accommodations Based on Pregnancy, Childbirth or a Related Medical Condition
• Appealing a Reasonable Accommodation Decision
• Privacy, Retaliation Prohibited, and Complaints

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Policy Statement

Boston University (“BU”) is committed to providing Reasonable Accommodations to allow qualified individuals the opportunity to participate in programs, activities, and employment. The following procedures apply to Reasonable Accommodations for non-Student Employees or Applicants for employment at BU in connection with a Disability, pregnancy, childbirth, or a related medical condition (“Procedures”). The University’s Reasonable Accommodations Policy is available here.

Defined Terms

Applicant

An individual who applies to any employment position at BU, excluding those positions administered by the Student Employment Office.

 Disability

For purposes of Reasonable Accommodations, Disability is defined as:

• A physical or mental impairment that substantially limits one or more major life activities (e.g., seeing, thinking, concentrating, reading, hearing, etc.) of the individual; or
• Having a record of such an impairment.

 Employee

An individual who is employed by BU full or part-time to perform assigned duties and responsibilities, including administrative and academic staff, represented and non-represented staff, faculty members, and teaching personnel.  

These Procedures do not apply to Student Employees; The definition of “Student” below provides information regarding how Student Employees may request Accommodations. 

Essential Functions

Job duties which are considered fundamental to the position, such that the individual cannot do their job without performing these duties. An Employee’s job description will typically, but not always, include a list of the Essential Functions of the position.

Qualified Employees must be able to safely and effectively perform the Essential Functions of a job either with or without a Reasonable Accommodation.

Health Care Provider

A medical or health professional who is treating the Employee for their identified medical condition. The provider should have expertise in the medical condition and direct knowledge of the individual’s impairment and functional limitations as it relates to their condition.

Interactive Dialogue

An Equal Opportunity Office (“EOO”) facilitated discussion, with the Employee and/or the Responsible Unit, designed to identify limitations due to a medical condition and explore Reasonable Accommodations.

BU does not mandate Employee participation in the Interactive Dialogue, but participation is required to obtain a Reasonable Accommodation. If an Employee decides to submit a request for Accommodation and engage in the Interactive Dialogue, that Employee is obligated to participate in good faith.

Both the Employee and Responsible Unit are required to provide timely responses to inquiries during the Interactive Dialogue. This includes, but is not limited to, timely provision of the necessary documentation requested by EOO, meeting with EOO as needed, and suggesting potential alternative Accommodations to explore.

Reasonable Accommodation

A modification or adjustment to a job or the work environment that enables an Applicant or Employee with a Disability to apply for a job, perform job duties, or access any other term, condition, or privilege of employment, unless the modification or adjustment would impose an Undue Hardship or compromise the health or safety of members of the University community.

Responsible Unit

The school, college, department, unit, or supervisor responsible for engaging in the Interactive Dialogue with the EOO and Employee or Applicant. Participation in the Interactive Dialogue is limited to individuals within the Responsible Unit who have a business need to know.

Student

Any individual who is participating in an educational program within BU.

• Student requests for Reasonable Accommodations on the basis of Disability will be referred to Disability and Access Services.
• Student requests for Reasonable Modifications on the basis of pregnancy, childbirth, or a related medical condition will be handled by EOO in accordance with the Interim Equal Opportunity and Title IX Policy available here: https://www.bu.edu/policies/interim-equal-opportunity-and-title-ix-policy/.

Employees who are engaging in an educational program within BU and require an Accommodation with respect to that educational program will also be referred to Disability and Access Services.

Undue Hardship

An Undue Hardship is an action that would:

• Require significant difficulty, expense, or disruption when considered in light of a number of factors, including the nature and cost of the Accommodation in relation to the size, resources, nature and structure of the employer’s operation, or
• Fundamentally alter University policy and procedures and/or the nature of a job function.

An Accommodation need not be granted where it would impose an Undue Hardship on BU. If a particular Accommodation imposes an Undue Hardship, the Responsible Unit will consider whether an alternative Accommodation is available that would not impose an Undue Hardship.

Requesting a Reasonable Accommodation

Applicants

Applicants for employment seeking Accommodations to participate in the application or interview process can contact EOO by submitting a request through the EOO website, using the “Submit a Request” form. Applicants are encouraged to initiate the Reasonable Accommodations process as soon as they become aware of the need for an Accommodation to allow sufficient time for the application to be evaluated and any Reasonable Accommodations to be implemented.

Applicants may be asked to provide supporting documentation concerning their Disability. EOO, the Applicant, and the hiring manager will then engage in an Interactive Dialogue, which may include a consideration of a number of factors, including the Applicant’s limitations and the application process and requirements, with the goal of finding an acceptable  Accommodation

Possible Accommodations include, but are not limited to, providing adaptive furniture, equipment, or lighting, scheduling and room changes, a sign language interpreter, enlarged print or screen reader computer accessibility services, or other assistive technology or equipment. A decision on the Applicant’s request must be made as soon as practicable, taking into account the urgency of the request, and sent to the Applicant in writing.

The hiring manager is responsible for implementing all approved Accommodations during the application and interview process.

Employees

Employees seeking a Reasonable Accommodation due to a Disability, pregnancy, childbirth, or pregnancy-related condition must submit a request through the EOO website, using the “Submit a Request” form. Employees are encouraged to initiate the Reasonable Accommodations process by submitting their Accommodation requests as soon as they become aware of the need for an Accommodation to allow sufficient time for the application to be evaluated and any Reasonable Accommodations to be implemented.

An Employee is required to submit supporting medical documentation completed by their Health Care Provider in support of their request for a Reasonable Accommodation, unless otherwise provided by the Policy on Reasonable Accommodations for Employees or Applicants for Employment or prohibited by law. This medical documentation must outline any limitation(s) or restriction(s) necessary to determine potential Reasonable Accommodations.  An Accommodation request will be administratively closed if sufficient supporting medical documentation is not received in a timely manner, because this precludes EOO from continuing with the Interactive Dialogue.

Upon receipt of sufficient supporting medical documentation, EOO will initiate and then facilitate a timely Interactive Dialogue between the Employee and Responsible Unit regarding the Employee’s request.  This Interactive Dialogue may involve the consideration of a number of factors, such as the nature of Employee’s limitations, the Essential Functions of the Employee’s position, and office size and structure, with the goal of finding an acceptable Accommodation.

Reasonable Accommodations may include, but are not limited to, modifying work schedules, granting breaks or providing leave, reconfiguring workspaces or equipment, or providing assistive technology or equipment. Reasonable Accommodations do not include providing personal use items (such as eyeglasses, hearing aids, wheelchairs and other items that are used on and off the job), or removal of an Essential Function.

Accommodations can be requested, approved, and/or implemented for either temporary or permanent conditions. When medical documentation indicates that a limitation or restriction will last for an extended period of time (e.g., longer than three months), EOO will periodically reassess the Accommodation with both the Employee and the Responsible Unit to ensure its effectiveness.  During this reassessment process, EOO will reach out to the Employee and Responsible Unit to engage in an Interactive Dialogue about the Accommodation request, and both the Employee and Responsible Unit must respond in a timely manner to EOO’s outreach to ensure a prompt and effective Interactive Dialogue.  Based on the Interactive Dialogue during this reassessment period, adjustments may be made to an Accommodation.

Only EOO can formalize an Accommodation plan for an Employee.  Any adjustments made to an Employee’s approved Accommodations plan by the Responsible Unit or the Employee directly, without consultation with or approval by EOO, will not be considered an approved Accommodation within BU.

When the Employee and Responsible Unit agree on an Accommodation plan, EOO will formalize the Accommodation by summarizing and documenting its terms in an agreement. A written record of the approved Accommodation plan will be distributed to the Employee and the Responsible Unit, and both must indicate assent to the final plan. After final agreement on the plan, it is the responsibility of the Responsible Unit to operationalize and implement the Accommodation for the Employee.

An Employee seeking an Accommodation due to Disability is not guaranteed their preferred Accommodation unless otherwise required by law, so long as the Reasonable Accommodation offered effectively allows them to perform the Essential Functions of their position.

In the event a Responsible Unit is unable to accommodate a request for Accommodation, or if the Employee declines the offered Reasonable Accommodation, EOO will provide written documentation of the Interactive Dialogue to the Employee and will refer the Employee to Human Resources to discuss other options.

Responsible Units

Responsible Units are encouraged to proactively refer Employees who indicate a potential Disability to EOO for consideration of an Accommodation.

Responsible Units are obligated to participate in the Interactive Dialogue in good faith. This may include, but is not limited to, meetings as needed and requested, suggesting potential alternative Accommodations to explore with EOO and the Employee, and conducting a thorough analysis to share with EOO to help determine whether a Requested Accommodation is reasonable or presents an Undue Hardship.

Referrals

If EOO receives a referral regarding an Employee’s potential need for an Accommodation, EOO will contact the Employee and ask them to submit a request and any necessary supporting medical documentation through the EOO website using the “Submit a Request” form.

If an Employee declines to participate in the Accommodations process, EOO will close the referral.

Specific Procedures With Respect to Accommodations Based on Pregnancy, Childbirth, or a Related Condition

Reasonable Accommodations for pregnancy, childbirth, or a related condition may include, but are not limited to, granting frequent bathroom breaks, providing the Employee with a specialized chair, granting leaves of absence, changing work schedules to accommodate doctor’s visits, temporary shift reassignments, providing light duties or assistance with manual labor for a period of time, or temporarily reassigning the Employee to a vacant position for which they are qualified.

A grant or denial of an Employee’s request for Accommodation for pregnancy, childbirth, or a related condition must be made as soon as practicable, taking into account the urgency of the request, and sent to the Employee in writing. This communication will either review the granted Accommodation or, in the case of a denial, summarize the Interactive Dialogue and refer the Employee to Human Resources to discuss other options.

The University will not require a pregnant Employee to accept a particular Accommodation if another Reasonable Accommodation would enable the Employee to perform the Essential Functions of their position without Undue Hardship.  The University will also not require an Applicant or Employee to accept an Accommodation that the individual chooses not to accept if the individual did not request an Accommodation, or if the Accommodation is not necessary for the Applicant or Employee to perform the Essential Functions of the job. Nor will the University require a pregnant Employee to take leave as an Accommodation if another Reasonable Accommodation is available which will permit the Employee to continue working.

The University reserves the right to request reasonable medical documentation from an Applicant or Employee regarding the need for a pregnancy-related Accommodation. However, the University will not require medical documentation for the following Accommodations related to pregnancy, childbirth, or a related condition: (i) more frequent restroom, food or water breaks, or access to water during the day; (ii) requests to stand or sit as needed; (iii) limits on lifting more than 20 pounds; or (iv) requests for lactation space.

Lactation Accommodations

The University supports the legal right and necessity of Employees who choose to express milk in the workplace. These procedures are intended to promote a breastfeeding-friendly work environment and support lactating Employees at the University for as long as they desire to express breastmilk.

The University will provide a reasonable amount of break time to accommodate an Employee desiring to express breastmilk for the Employee’s child to the extent required by and in accordance with applicable law.

If possible, the break time must run concurrently with applicable rest and meal periods already provided to the Employee.  Break time that cannot run concurrently with applicable rest and meal periods already provided to the Employee is unpaid to the extent permitted by applicable law.

The University will provide breastfeeding Employees with space in close proximity to the Employee’s work area that is shielded from view and free from intrusion from co-workers and the public, to express breastmilk.  The room or location may include the place where the Employee normally works if it otherwise meets the requirements of the lactation space.  Restrooms are prohibited from being utilized for lactation purposes.

An Employee who believes they need a lactation Accommodation should submit a request for possible Accommodation to EOO.  Upon receiving an Accommodation request, EOO will facilitate an Interactive Dialogue to determine the appropriate lactation Accommodations for that Employee.

Appealing a Reasonable Accommodation Decision

An Employee may appeal a determination concerning a requested Accommodation by filing a written complaint with the ADA Accessibility Manager within 14 days of receiving a determination.  Any such appeals may be sent to accomm@bu.edu.  The appeal should include a description of the issue and any documentation the Employee believes would assist with resolution of the appeal.

The ADA Accessibility Manager or their designee will review the appeal and try to resolve the Employee’s concerns in a timely manner.  This review may include further Interactive Dialogue with the Employee and/or Responsible Unit to identify an appropriate Reasonable Accommodation. After review of the appeal, the ADA Accessibility Manager or their designee will make a final determination concerning the appeal and issue a decision to the Employee in writing.

Privacy, Retaliation Prohibited, and Complaints

Privacy

All requests for Accommodations and all supporting documentation, including but not limited to medical information, are treated confidentially.  Employees are not required to disclose information regarding the nature of their Disability to their supervisors.

Information regarding an Employee’s request for Accommodation will be shared with the Responsible Unit only on a business need-to-know basis. During the course of the Interactive Dialogue, EOO may share the following information with the Responsible Unit: (1) that the Employee has a qualifying Disability; (2) the nature of the Employee’s limitations, including their duration; and (3) the Accommodation the Employee has requested. Other individuals involved in carrying out Accommodations may also be informed of information needed to implement an approved Accommodation plan, making sure that the information is shared carefully and only as needed.

Any medical documentation provided to EOO will be used to evaluate the requested Accommodation only and will be maintained at EOO separately from an Employee’s personnel file.

This information may also be provided to personnel called to provide emergency medical treatment to an Employee, or to government officials investigating compliance with Disability laws or regulations.

Retaliation Prohibited

BU prohibits retaliation against individuals for requesting Reasonable Accommodations, appealing decisions concerning such requests, or for making or participating in claims of discrimination.

Complaints

If an Employee wishes to make a complaint about potential discrimination, harassment, or retaliation against the Employee based on Disability, pregnancy, a pregnancy-related condition, and/or their request for Accommodation, the complaint may be filed by using the online Incident Report Form available on the EOO website. All such complaints will be handled in accordance with the BU’s Interim Equal Opportunity and Title IX Procedures.

Applicants and Employees may exercise any and all rights available under law without fear of retaliation, including filing a complaint with outside agencies listed below.

• S. Department of Education, Office for Civil Rights http://www2.ed.gov/about/offices/list/ocr/complaintprocess.html
• S. Equal Employment Opportunity Commission https://www.eeoc.gov/federal/fed_Employees/filing_complaint.cfm
• Massachusetts Commission on Discrimination https://www.mass.gov/orgs/massachusetts-commission-against-discrimination

Any questions about these Procedures may be directed to the Equal Opportunity Office, at 617-358-1796, or eoo@bu.edu.

 

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