Accommodations for Employees with Disabilities

Effective Date:         10/07
Original Date:         01/88
Next Review Date: 04/11

Number: 9237-130

Accommodations for Applicants, Employees and Resident Staff with Disabilities

POLICY 

It is the policy of New York Hospital Medical Center of Queens, in accordance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973 and the New York State Human Rights Law Section 292.21, to ensure that no qualified person be denied access to employment because of a disability.  The Medical Center makes reasonable accommodations to the disabilities of otherwise qualified employees and applicants to the extent that such accommodations do not impose an undue hardship on the organization.

PROCEDURE 

Applicants Who Have Been Offered Employment 

2.1              An applicant, who has been offered employment, is required to disclose his/her disability on the pre-employment health questionnaire during the pre-employment Employee Health visit.  An applicant must notify the  Administrative Director of Employee Health Service of his/her need for accommodation, the requirements of the specific accommodation being requested, and the duration of the need for an accommodation, if limited. 

Graduate Staff are obliged to notify their Program Directors as well as the Administrative Director of Employee Health Service of their need for accommodation as indicated above.

An applicant may be required to submit medical documentation to
the Administrative Director of Employee Health Service and may be required to provide authorization to  the Administrative Director of Employee Health Service to speak with his/her private physician to determine the extent of the disability and his/her ability to perform the essential duties of the job.  The applicant will also be asked for authorization to disclose the disability and request for accommodation with the Vice President for Human Resources, the individual Department Head, and in the case of Graduate Staff, the Chairman of Graduate Medical Education and Department Chairman/Program Director in order to determine whether the requested accommodation can be granted.

2.3              The Administrative Director of Employee Health Service will confer with the Vice President for Human Resources, the individual Department Head, or, in the case of Graduate Staff, the Chairman of Graduate Medical Education and Department Chairman/Program Director regarding the essential functions of the job, the request for accommodation and the reasonableness of the request.  In addition, if an applicant’s disability would pose a direct threat to safety, the discussion must consider whether a reasonable accommodation would eliminate or reduce the risk to an acceptable level.

2.4               If the requested accommodation is deemed reasonable the necessary steps will be taken to provide the access, equipment, or other accommodation for the applicant upon acceptance of the Medical Center’s offer of employment.

2.5              If the requested accommodation is deemed to be unreasonable the Human Resources Department will meet with the applicant to explain the reasons for the Medical Center’s position and to discuss potential alternative accommodations.  If no reasonable accommodation exists without causing undue hardship or a direct threat to safety, the applicant will be notified of the decision.

Current Employees

2.6              Current employees who develop a disability, during the course of employment, must present medical documentation of the disability to the Administrative Director of Employee Health Service.  The employee may be required to provide authorization to  the Administrative Director of Employee Health Service to speak with his/her private physician to determine the extent of the disability and his/her ability to perform the essential duties of the job.  The employee will also be asked to authorize disclosure of the disability and request for accommodation to the Vice President for Human Resources, the individual Department Head, the Chairman of Graduate Medical Education and/or the Department Chairman/Program Director in order to determine whether the requested accommodation can be granted.

2.7              The Administrative Director of Employee Health Service will confer with the Vice President for Human Resources, the individual Department Head, or, in the case of Graduate Resident Staff, the Chairman of Graduate Medical Education and/or the Department Chairman/Program Director regarding the essential functions of the job, the request for accommodation and the reasonableness of the request.  In addition, if an employee’s disability poses a direct threat to safety, the discussion must consider whether a reasonable accommodation would eliminate or reduce the risk to an acceptable level.

2.8              If the requested accommodation is deemed reasonable the necessary steps will be taken to provide the access, equipment, or other accommodation for the employee.

2.9              If the requested accommodation would cause an undue hardship, the Human Resources Department will meet with the employee to explain the reasons for the Medical Center’s position and to discuss potential alternative accommodations.  If no reasonable accommodation exists without causing undue hardship or a direct threat to safety, the Human Resource Department will consider the possibility of a transfer to another position where the employee meets the job requirements and where a reasonable accommodation can be granted.  Graduate staff will receive career counseling through the Office of Graduate Medical Education.

If, after a thorough attempt has been made to find another position for which the employee is qualified and can be accommodated, there is no such position available, the employee may be separated from active employment and be placed on a list for future rehire in a position where the employee’s disability can be accommodated without causing undue hardship to the organization or a direct threat to safety.

Definitions

3.1              “Disability” is defined as (a) physical, mental or medical impairment  resulting from an anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques or (b) a record of such an impairment or (c) a condition regarded by others as such an impairment.  With regard to employment, the term is limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the employee or applicant from performing in a reasonable manner the activities involved in the job or occupation sought.

3.2      “Reasonable Accommodation” means actions taken which permit an employee or applicant with a disability to perform in a reasonable manner the activities involved in the job or occupation sought or held such as provision of an accessible worksite, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules to the extent that  such actions do not impose an undue hardship on the employer.

3.3              “Undue hardship” means an accommodation requiring significant expense or difficulty, including a significant interference with the safe or efficient operation of the workplace or violation of a bona fide seniority system.

3.4            “Essential job functions” are the fundamental job duties or requirements of a position, which cannot be eliminated or substantially modified without changing the nature of the position.  For Graduate Staff, “essential job functions” are those, which fulfill the graduated responsibilities that are required at each level and the ability to either function competently and independently once training is completed or advance to a categorical or subspecialty residency.                                       

3.5       “Direct  threat to safety” means a significant risk of substantial harm to the individual or others in the workplace that cannot be reduced or eliminated through reasonable accommodation.  Factors to be considered include the duration of the risk; the nature and severity of the potential harm; the likelihood that potential harm will occur; and the imminence of potential harm.