Commitment to EEO and Accommodations
Reasonable Accommodation for Individuals with Disabilities
Software Guidance & Assistance, Inc. (“SGA”) provides equal employment opportunity to all individuals in accordance with applicable laws such as the Americans with Disabilities Act of 1990, including changes made by the ADA Amendments Act of 2008 (“ADA”), as well as any applicable state anti-discrimination law providing greater protection to an applicant or employee with a disability.
As such, an applicant or employee is entitled to a reasonable accommodation for a disability unless it would cause undue hardship to SGA. An interactive process will be used with the applicant or employee to identify and implement reasonable accommodation(s). The process will be confidential, with other personnel informed on a need-to-know basis.
To initiate a reasonable accommodation request, contact SGA’s Human Resources Department at 914.366.5900 or firstname.lastname@example.org.
For more details on our Reasonable Accommodation for Individuals with Disabilities Policy, please keep reading below.
t is the policy of Software Guidance & Assistance, Inc. (“SGA”) to provide equal employment opportunity to individuals with disabilities. This guidance is intended to comply with and be interpreted consistently with the Americans with Disabilities Act of 1990, including changes made by the ADA Amendments Act of 2008 (“ADA”), as well as any applicable state anti-discrimination law providing greater protection to an applicant or employee with a disability.
No manager, supervisor or employee shall discriminate against an applicant or employee on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, leave, or other terms, conditions, or privileges of employment.
Every employee of SGA, particularly those involved in recruiting or retaining staff or consultants, has a responsibility to report to Human Resources (email@example.com) any need or request of an applicant or fellow employee for an accommodation or other assistance in completing the application process or performing essential job functions. Failure to report this information to Human Resources can result in disciplinary action up to and including termination.
SGA shall provide a reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause an undue hardship to the company. Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of SGA’s size, financial resources, and the needs of the business. SGA does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, SGA may choose which one to provide.
Reasonable accommodations may include, but are not limited to, job modifications, schedule adjustments, assistive devices, unpaid leave, elimination of marginal job functions or reassignment. An accommodation is only reasonable if it allows the employee to perform the essential functions of the job.
The preferred option is a reasonable accommodation that allows the employee to remain in their existing job. If that is not possible, SGA will consider whether the employee can be reassigned to another open position for which the employee is qualified. SGA is not required to create a position or to bump another employee in order to create a vacancy. SGA is also not required to promote an employee as an accommodation, but the employee could apply for consideration for a position that would constitute a promotion. If the employee requests reassignment to an open, non-promotion position for which they meet the minimum qualifications, the employee will be reassigned. In that situation, the employee is not required to be the most qualified candidate or compete against other candidates for the position.
SGA may provide additional unpaid leave as an accommodation, including leave beyond what is provided under SGA’s Family and Medical Leave (FMLA) Policy. SGA does not have a set limit on the amount of leave that may be given, nor does SGA automatically terminate an employee if they are unable to return at the conclusion of FMLA (or other) leave. Instead, SGA will engage in the interactive process to determine if there are reasonable accommodations, including additional unpaid leave, that would allow the employee to return to work and perform the essential functions of the job. Additional leave will be provided, like other accommodations, if it is reasonable and does not constitute an undue hardship to SGA.
Employees are not required to be “100% healed” or released of all restrictions in order to return to work. An employee may return to work with restrictions in place at the end of the employee’s leave if the employee can perform the essential functions of the job with or without reasonable accommodations. If an employee is on leave but believes they could return to work, SGA will consider potential reasonable accommodations that would allow the employee to perform the essential functions of the job.
SGA will never require an employee to perform tasks that would violate work restrictions imposed by a treating physician. Similarly, employees are not permitted to perform work in violation of their assigned restrictions imposed by a treating physician.
As stated below, accommodations may also be available for religious beliefs and for pregnant employees. Please contact SGA Human Resources for more information and to request an accommodation.
An employee should contact SGA Human Resources to request an accommodation. If the employee provides notice that the employee needs a reasonable accommodation to perform the essential functions of the employee’s position or SGA has actual or constructive notice that an employee may have a disability for which the employee needs reasonable accommodation, SGA shall initiate an interactive process. SGA may also follow up with employees who are on a leave of absence to engage in the interactive process.
Applicants and Employees may request an accommodation by contacting SGA’s HR department at (914) 366-5900 or via email at firstname.lastname@example.org The reasonable accommodation may be requested verbally or in writing. For a written request(s) HR will send applicant/employee an ADA Reasonable Accommodation Form via SignNow. If requesting verbally, applicant/employee will communicate the request via phone to an HR representative. The HR representative will summarize the accommodation request in writing and email it to the applicant/employee to confirm its accuracy. HR will review the request and will provide a determination within 5 business days unless more information is needed to process the request.
The interactive process is a flexible, informal process that involves both SGA and the employee. The purpose of the interactive process shall be to determine if the employee is disabled within the meaning of the ADA or applicable state anti-discrimination law and, if so, whether the employee can be reasonably accommodated. Or SGA may choose to provide reasonable accommodations without making a specific determination as to whether the individual is disabled. The interactive process requires good faith participation from both the employee and SGA. Human Resources will make the final determination regarding potential accommodations and may consult with management if appropriate.
In evaluating whether an employee has a disability or whether accommodations are possible, SGA may also request and review medical records and other available documentation. SGA also may obtain an independent medical evaluation for the purpose of gathering information needed to make this determination. Such examinations and evaluations shall be reasonable and paid for by SGA.
When appropriate, SGA will provide the employee with unpaid leave in order to engage in the interactive process and determine whether reasonable accommodations are possible.
Retaliation and Coercion Prohibited
It is a violation of this policy to retaliate against any individual because that individual has requested an accommodation. It is also a violation to retaliate against any individual because they opposed any act or practice prohibited by this policy or because that individual filed a complaint or appeal, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this policy.
It is a violation of this policy to coerce, intimidate, threaten, harass, or interfere with any individual for exercising their rights under this policy including, but not limited to, making a request for a reasonable accommodation or encouraging others to exercise their rights under this policy.
Any instances of suspected retaliation or coercion should be reported to the Director of Human Resources immediately (or any other member of management).
Confidentiality and Record Keeping
Information obtained during the interactive process regarding the medical history of an employee shall be collected and maintained in a file separate from the employee’s personnel file and shall be treated as confidential, except that:
- Supervisors, managers, human resources personnel and other SGA employees involved in the interactive process may obtain access to such information on a need-to-know basis.
- Supervisors, managers, human resources personnel, workers’ compensation personnel and other appropriate SGA employees may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations.
- First-aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment.
- Information may be given to the state workers’ compensation offices, and state second injury funds, in accordance with the state workers’ compensation laws.
Other Reasonable Accommodations
SGA will provide a reasonable religious accommodation to employees whose sincerely held religious beliefs conflict with a company employment requirement, unless such an accommodation would create an undue hardship for SGA. Employees should contact Human Resources to request a religious accommodation.
Pregnancy, Childbirth, and Related Conditions
SGA will provide reasonable accommodations to an employee for health conditions related to pregnancy, the physical recovery from childbirth, or related conditions unless the accommodation would impose an undue hardship. If an employee requests an accommodation, SGA will engage in the interactive process with the employee to determine effective, reasonable accommodations. An employee will not be required to take a leave of absence if SGA can provide another reasonable accommodation. SGA reserves the right to require the employee to provide a note from a licensed health-care provider stating the necessity of a reasonable accommodation before providing one. Employees should contact Human Resources to request an accommodation.