WASHINGTON AND
LEE UNIVERSITY
GENERAL
GUIDELINES FOR DOCUMENTATION OF EMPLOYEE DISABILITIES*
Introduction
In
order to fully evaluate your request for accommodation, W&L will need
adequate documentation of your disability.
W&L has developed these guidelines to assist you in working with
your diagnosing/treating professional(s) to prepare the documentation needed to
evaluate your accommodation request.
Please provide these guidelines to your diagnosing/treating professional. The Director of Personnel (or designee)
will maintain all such documentation received in a confidential file, separate
from the remainder of your personnel record, and will disclose the
documentation only in accordance with law or your consent.
Definitions Applicable To
All Employee Accommodation Requests
· A "disability" is
a physical or mental impairment that substantially limits one or more major
life activities. Physical or mental
impairments include, for example, blindness and visual impairments, deafness
and hearing impairments, mobility impairments, specific learning disabilities,
emotional or mental illness, and some chronic illnesses.
· "Major life
activities" include learning, caring for oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, and working.
· An individual is
"substantially limited" when he/she is unable to perform a major life
activity that the average person in the general population can perform or when
he/she is significantly restricted as to the condition, manner or duration
under which he/she can perform a particular major life activity as compared to
the average person in the general population.
[For example, Employee A has a
hearing impairment that significantly restricts her ability to hear compared to
the average person, even with the mitigation of a hearing aid. Her ability to hear is substantially
impaired because it is limited in comparison to the average person; thus, she
has a disability for purposes of 504/ADA.
By contrast, Employee B has a hearing impairment, but with his hearing
aid, he can hear as well as the average person. Therefore, Employee B is not a person with a disability for
purposes of 504/ADA.] [As another example, Employee C has asthma and is
significantly restricted in her ability to breathe as compared to the average
person, even with her medication and inhalers; thus, she has a disability for
purposes of 504/ADA. By contrast,
Employee D has asthma, but with his medication, he can breathe as well as the average
person, and his medication does not have side effects that limit his
functioning. Therefore, Employee D is
not a person with a disability for purposes of 504/ADA.] For purposes of this analysis, a person is
“substantially limited” in the major life activity of working only when he/she
is significantly restricted in performing a broad range of jobs, not merely the
particular job he/she currently holds. [For example, Employee E works in a position
requiring a great deal of heavy lifting.
Employee E is injured and can no longer lift over 25 pounds, so he
cannot perform his current job.
However, if Employee E’s injuries do not prevent him from working a
broad range of jobs for which he is qualified, the fact that he can no longer
work in his current job does not make him “substantially limited” in the major
life activity of working.]
· A "qualified person
with a disability" is a person with a disability who, with or without
reasonable accommodations, can perform the essential functions of his/her
position.
· A "reasonable
accommodation" is a reasonable modification or adjustment to a work
position, or the provision of auxiliary aids/services, that allows an employee
with a disability to perform the essential functions of his/her position.
Guidelines For Documentation
Of A Disability
Documentation
should include as much of the following as the Director of Personnel believes
is appropriate and relevant to the disability and requested accommodations:
1. A diagnostic statement identifying the
nature and extent of the impairment(s), and the date of the current diagnostic
evaluation.
2. A description of treatments,
medications, assistive devices or self-accommodations currently being
used, those which have previously been
used, their effectiveness in mitigating the functional impact of the
impairment(s), and any significant side affects that may impact functional
abilities.
3. A detailed description of the current functional impact of the impairment(s) in the mitigated state (in other words, the current functional impact of the impairment(s) when the mitigating treatment, medication, etc. is in use), as relevant to the current request for accommodations. The documentation should recommend specific accommodations and explain in detail why each recommended accommodation is necessary due to specific current functional limitations. Any prior accommodations should be referenced, including information about the specific situation in which the accommodation was used and whether or not it benefited the student.
4. A description of the expected
progression or stability of the impact of the impairment(s) over time, along
with a recommendation concerning the predictable need for reevaluation.
5. The credentials of the diagnosing
professional. The type of professional
specialist involved will obviously differ depending on the nature of the
impairment(s). However, all
professionals must have comprehensive relevant training and must hold a current
license in the state in which they practice.
Documentation must be on official letterhead from the offices of the
diagnosing professional.
W&L
reserves the right to request additional documentation as necessary to fully
evaluate individual requests for accommodations.
i:\ada\ employadaguide.doc
* Note: for employees requesting
accommodation for cognitive disabilities, including, but not limited to,
specific learning disabilities and ADHD, documentation should comply with the
separate, specific guidelines for cognitive disabilities rather than these
general guidelines. Cognitive
disabilities are disabilities connected with thinking or conscious mental
processes.