Purpose
This policy outlines RISD’s efforts to comply with state and federal laws prohibiting discrimination against individuals with disabilities, including the Americans with Disabilities Act of 1990 (“ADA”), the Americans with Disabilities Act of 2008, and Section 504 of the Rehabilitation Act of 1973, Title VII, Title IX, and the Pregnant Workers Fairness Act (“PWFA”).
Scope
The policy applies to all employment practices and actions. It includes but is not limited to recruitment, the job application process, examination and testing, hiring, training, disciplinary actions, rates of pay or other compensation, advancement, classification, transfer and reassignment, and promotions.
Policy Statement
Rhode Island School of Design is committed to assuring equal employment opportunities for persons with disabilities and creating an environment where everyone can thrive and contribute meaningfully. To this end, it is the College’s policy to provide reasonable accommodation to a qualified person with a disability to enable such person to perform the essential functions of the College position for which they are applying or in which they are employed.
Definitions
For purposes of this policy, RISD adopted the following definitions from the Americans with Disabilities Act:
Individual with a disability: someone who has a physical or mental impairment that substantially limits one or more major life activities. A person may also be regarded as an individual with a disability if they have a history or record of having an impairment or are perceived or treated by others as having an impairment.
Physical impairment: any physiological disorder or condition affecting one or more body systems, including but not limited to neurological and respiratory systems, speech organs, sensory organs, and/or cardiovascular.
Mental impairment: any mental or psychological disorder, such as emotional or mental illness, intellectual disability, and specific learning disabilities.
Major life activity: includes functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, eating, sleeping, speaking, breathing, learning, and working, as well as major bodily functions like those of the immune, digestive, respiratory, and circulatory systems.
Qualified individual: a person with a disability who meets the necessary skill, experience, education, or other job-related requirements of an employment position they hold or seek and who can perform the position's essential functions with or without reasonable accommodation.
Essential function: the fundamental job duties that an employee must be able to perform, with or without reasonable accommodation, typically documented in a job description.
Reasonable accommodation: a modification or an adjustment to a job, work environment, or hiring process that enables a qualified applicant or employee with a disability to participate in the application process, to perform essential job functions, or to enjoy equal employment opportunities, provided it does not impose undue hardship on the employer.
Undue hardship: an action requiring significant difficulty or expense when considered in light of factors, including the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.
The interactive process: a good-faith dialogue between the employee, the manager and Human Resources to identify reasonable and effective accommodations that enable the employee to perform the essential functions of their job.
Policy
RISD will not discriminate against a qualified individual with a disability based on that individual’s disability in, among other things, employment and the employment relationship. Consistent with this policy of nondiscrimination and all other applicable policies (see Related Policies section below), Environmental Health and Safety RISD will provide reasonable accommodations to a qualified individual with a disability who has made RISD aware of their disability, provided such accommodation does not constitute an undue hardship on RISD, consistent with all federal and state requirements, including the ADA. RISD respects the autonomy of individuals and disclosure of any disability is the choice of an applicant or employee. Employees or applicants not seeking reasonable accommodation are not required to disclose a disability.
In determining whether a requested accommodation creates an undue hardship on the college, the appropriate college designee, including departmental managers and Human Resources, will consider on a case-by-case basis whether such a request is unduly costly, extensive, substantial, or disruptive and/or whether it would fundamentally alter the nature of RISD’s operation.
RISD also prohibits discrimination against individuals based on their relationship or association with an individual with a disability and retaliation or coercion against individuals who opposed any acts made unlawful by the ADA, participated in the enforcement process, or encouraged others to exercise their rights under the ADA.
Further, Rhode Island state law protects employees and job applicants from discrimination based on pregnancy, childbirth and related conditions. Under state law, employees and applicants have the right to request reasonable accommodation for conditions related to pregnancy, childbirth, and related conditions such as lactation needs or the need to express breast milk for a nursing child.
Procedures
Applicant Procedures
Human Resources has proactively identified measures to make the recruitment process accessible to candidates of diverse backgrounds. Applicants requiring additional or alternative accommodations should communicate their request directly to the Human Resources (“HR”) Talent Partner recruiting for the desired position. The HR Talent Partner may consult with the Director of Employment or their designee to review and approve the request if needed.
Once an offer for employment has been made and accepted, the newly hired employee should inform the HR Talent Partner if they need reasonable accommodation to perform the essential functions of the role. Applicants are not required to disclose their need for accommodation before an offer is accepted. Additionally, all applicants are required to complete any mandatory pre-employment requirements applicable to their job regardless of whether they disclosed a disability to RISD.
Employee Procedures / The Interactive Process
RISD follows the interactive process recommended by the ADA to review employees’ requests for reasonable accommodation. RISD is not required to make reasonable accommodations for employees who have not disclosed a disability, and reasonable accommodations may not be granted retroactively.
Step 1: Identifying the need for accommodation
The interactive process is initiated when a manager becomes aware that an employee may need an accommodation to perform their essential job functions. The employee may ask directly for a specific accommodation or reveal to their manager that they cannot complete the essential functions due to a medical condition. The employee is not required to use the term “reasonable accommodation” to trigger the interactive process. Managers may ask the employee to clarify their request and to verify whether it is related to a medical condition; however, they should not ask the employee to reveal private medical information. Once managers know that the employee may require an accommodation, they should refer the employee to the HR Benefits Partner for the next steps. Managers should avoid making any decisions on workplace modifications related to medical conditions without engaging Human Resources.
Employees may also contact the HR Benefits Partner directly to discuss any requests for reasonable accommodation.
Step 2: Information gathering
When the need for accommodation is identified, the HR Benefits Partner will work with the employee to gather the information necessary to evaluate their request. If the need for accommodation and subsequent requests are apparent, such as an employee who uses a wheelchair asking for a ramp to access their workspace, using the interactive process to assess the request may not be required. The Director, Compensation & Benefits will determine whether the interactive process may be waived.
As part of the interactive process, employees are required to provide enough information for RISD to determine effective accommodations for non-apparent requests. In these circumstances, the employee must ask the medical provider who treats their condition to complete the Request for Reasonable Accommodation form. Employees must also provide a copy of their job description listing their essential job functions to their medical provider. (Job descriptions can be provided by the manager or by Human Resources.)
The Request for Reasonable Accommodation form may be returned by mail, email, or fax.
Mail:
Rhode Island School of Design
20 Washington Place Providence, RI 02903
ATTN: Human Resources Benefits Partner
Email: benefits@risd.edu
Fax: 401-454-6565
Employees are responsible for ensuring the Request for Reasonable Accommodation form is fully completed, clearly articulates a requested accommodation tied to a medical condition, and is returned to the HR Benefits Partner by the communicated deadlines, typically within fifteen (15) days following the initial request. Employees who engage with Human Resources in good faith by proactively communicating any anticipated delays in getting their provider to complete their forms may be granted a reasonable extension. Failure to provide adequate information or comply with established deadlines may result in the denial of an accommodation request.
Employees are not required to provide information unrelated to the medical conditions preventing them from performing their essential functions. With a signed release from the employee, the HR Benefits Partner may contact an employee’s medical provider to clarify the information provided on the Request for Reasonable Accommodation form. Any medical information provided will be treated as confidential and shared only on an as-needed basis with those directly involved in assessing the request for accommodation.
Step 3: Exploring reasonable accommodation options
Upon receipt of the Request for Reasonable Accommodation form, the HR Benefits Partner will engage with the employee to discuss their request for accommodations. If the documentation is incomplete or does not indicate a qualifying disability, the HR Benefits Partner will advise as to the next steps. The HR Benefits Partner will evaluate whether the employee has a qualifying disability and review the parameters of the accommodation request, then will reach out to the employee’s manager for review.
Managers, in partnership with Human Resources, will assess whether the requested accommodation will enable the employee to perform the essential functions of their job and if the request would cause undue hardship, considering the cost to implement, the impact on RISD’s ability to conduct normal operations, and the impact on other employees. If the accommodation would have a substantial financial or operational impact or would jeopardize RISD’s ability to maintain compliance with applicable laws and regulations, the manager or Human Resources may suggest an alternative accommodation.
The process of discussing possible accommodation options may be iterative. Managers and employees are expected to engage in good faith to identify a reasonable accommodation that will satisfy both parties. Human Resources will facilitate these good faith discussions and the overall interactive process to ensure all perspectives are heard and considered.
Step 4: Choosing the reasonable accommodation
RISD has the discretion to select which reasonable accommodation to implement and may choose among any viable options, provided the chosen reasonable accommodation is effective in resolving the functional limitation(s) presented by the disability. RISD is not required by the ADA or another state or federal law to provide the employee’s preferred accommodation if another reasonable accommodation would allow the employee to perform the essential functions of their job, to reallocate essential job functions, or to provide personal use items (i.e., eyeglasses, hearing aids, wheelchairs, etc.). However, managers should give weight to the employee’s preference in determining which reasonable accommodation to approve when more than one option is available.
Step 5: Implementing the reasonable accommodation
The HR Benefits Partner will communicate decisions on accommodation requests to employees and managers in writing. This communication will include the time period for which the reasonable accommodation is approved. Before its implementation, the employee must affirmatively accept the reasonable accommodation in writing. If the employee declines, then they must state why the proposed reasonable accommodation is not suitable so that the interactive process may continue.
If the reasonable accommodation is accepted, the employee’s department is responsible for funding the cost of any accommodations and ensuring any modifications to the employee’s workspace or working conditions are implemented in a timely manner. The department should notify the HR Benefits Partner if they encounter any obstacles.
Employees who have been granted a reasonable accommodation must maintain the College's standards of performance, attendance, and conduct as specified by the accommodated employee's department or unit.
All participants involved must agree to maintain confidentiality when discussing accommodations; reasonable accommodation information may only be shared on a need-to-know basis, will never go in a personnel file, and will not be shared with coworkers. Co-workers who may need to do something differently as a result of an accommodation may be told of the change required but not the reasons why the change was made.
Step 6: Monitoring the reasonable accommodation
Employees and managers should maintain open communication about the effectiveness of approved accommodations. Either party may re-initiate the interactive process by contacting the HR Benefits Partner at any time based on changes in operational needs or the employee’s medical condition. RISD reserves the right to amend or rescind a reasonable accommodation at any time if warranted by a material change in circumstances.
When reasonable accommodations are approved for a specific time period, the employee is responsible for notifying their manager and/or the HR Benefits Partner if they require an extension before the expiration date communicated on the approval letter. An updated Request for Reasonable Accommodation form will be required to evaluate any requests for extension. It is strongly suggested that any necessary follow-up appointments be made in ample time before the expiration date to avoid interruption in services.
RIGHT TO APPEAL AND PROTECTION AGAINST DISCRIMINATION AND RETALIATION
If an accommodation request is denied, employees and applicants have the right to appeal the denial by contacting RISD’s ADA/504 Coordinator, Alyssa Roush (aroush@risd.edu), Equity & Compliance generally (equitycompliance@risd.edu), or by submitting a Disability Accommodations Appeal Request Form.
An employee or job applicant with questions regarding this policy should notify the Vice President for Human Resources. An employee or job applicant who believes they have been discriminated against based on a disability, including but not limited to your accommodations not being honored, or believes they have been retaliated against should contact Equity & Compliance by completing the Equity & Compliance Intake Reporting Form or by contacting Human Resources. All such inquiries will be treated as confidential and shared only on a “need to know” basis.
The filing of a complaint of discrimination, discriminatory harassment and/or retaliation under this Policy will not stop or delay any disciplinary action related to the complainant who has been found to not be performing up to acceptable standards or who has violated College rules, policies, or procedures.
Related policies
Revision history
This policy was last reviewed/modified on: 9/12/2024
Next scheduled review: 10/11/2026
Responsibilities
Issuing Office
Human Resources
Responsible Officer
Vice President, Human Resources
Individuals/offices required for review and changes
Director, Compensation and Benefits
Office of the General Counsel
Equity & Compliance