Accommodations

The Office of Employment Equity (OEE) is responsible for overseeing and coordinating requests for accommodation(s) received from faculty/staff employees related to disability, religion, and pregnancy and/ or lactation.

Disability Accommodations

The Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (NJLAD) prohibit discrimination on the basis of disability. In this regard, the university provides reasonable accommodation(s) to qualified individuals with disabilities unless the accommodation would take away an essential function of the employee’s job and/or impose an undue hardship. The purpose of a reasonable accommodation is to remove barriers in the workplace for individuals with disabilities and to enable them to enjoy equal employment opportunities.

The accommodations process is governed by Rutgers University Policy 60.1.34: Rutgers University Disability Reasonable Accommodation Policy.

An employee’s medical information obtained through the interactive process will be treated with the utmost confidentiality and with sensitivity to the issues involved. Information received during the accommodation request process is shared only with those individuals within the University community who "need to know" in order to evaluate the individual’s accommodation request and/or implement any approved accommodations. OEE will not disclose an employee’s specific medical diagnosis. Medical records are confidential and maintained with OEE and will not be maintained in departmental files.

Religious Accommodations

Rutgers University recognizes and respects the religious diversity of its employees. The university prohibits discrimination based on an employee’s religion or creed and will provide reasonable accommodations for employees to enable them to exercise their sincerely held religious beliefs. More specifically, Title VII of the Civil Rights Act of 1964 (“Title VII”) and the New Jersey Law Against Discrimination (“NJLAD”) require that Rutgers University reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement unless the accommodation would eliminate essential job functions and/or impose an undue hardship on the university.

Pregnancy and/or Lactation Accommodation

If you are pregnant or breastfeeding, you are entitled to reasonable accommodations under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, The Pregnant Workers Fairness Act, and/or the New Jersey Law Against Discrimination (“NJLAD”).

How to Request an Accommodation

Complete the application form via the OneSource Portal OR via the Forms Page.

Forms may be returned via:

• Mail: 57 U.S. Highway 1, New Brunswick, NJ 08901-8554
• E-mail: employmentequity@hr.rutgers.edu
• Fax: 732-932-0049

If applicable, complete a Medical Inquiry Form (completed by the health care provider).

For additional information please see the accommodation FAQs.

Accommodations FAQs

I believe I have a qualifying disability and require a leave of absence or intermittent leave of absence. What should I do?

First, check with OneSource (732-745-7378) to see if you are eligible for any available leave (other than leave as an accommodation). You may be eligible for continuous Family Medical Leave Act (“FMLA”) leave, intermittent FMLA, contractual leave, or some other type of leave through OneSource. If OneSource advises you that you are not eligible for any such leave and you have a qualifying disability, you should apply to OEE to request leave as a disability accommodation. Please note that not all medical conditions may be a qualifying disability.

How do I apply for a disability accommodation from OEE?

There are two forms that are submitted in order to request an accommodation: (1) Accommodation Request Form that can be filled out manually (PDF format) or electronically on the OneSource portal; and (2) Medical Inquiry Form. The Accommodation Request Form should be completed by the employee (or employee representative) and the Medical Inquiry Form must be completed by a healthcare provider. Both forms can be submitted to OEE in one of the following ways:

1. The OneSource Self-Service Portal: If you open an accommodations case on the OneSource Portal and complete the required questions online, a completed PDF Accommodation Request Form is not required.
2. Email (employmentequity@hr.rutgers.edu); or
3. Fax (732.932.0049)

How do I open an accommodations case on the OneSource Self-Service Portal?

Step 1: Go to /onesource/home
Step 2: Click on “OneSource Self -Service Portal Login”
Step 3: Log into the Portal
Step 4: Click on “Accommodation Request”
Step 5: Complete the online questions, upload any supporting documentation, and submit

How do I apply for a religious accommodation from OEE?

Only the Accommodation Request Form should be submitted to request a religious accommodation. The Accommodation Request Form can be submitted to OEE in one of the following ways:

1. The OneSource Self-Service Portal: If you open an accommodations case on the OneSource Portal and complete the required questions online, a completed PDF Accommodation Request Form is not required.
2. Email (employmentequity@hr.rutgers.edu) OR
3. Fax (732.932.0049)

Am I required to advise my supervisor/department that I am applying for an accommodation?

No. You are not required to advise your supervisor/department that you are applying for an accommodation. If you do not feel comfortable advising your supervisor/department that you are applying for an accommodation, you do not have to do so and OEE will reach out to your department once OEE receives all required accommodation forms.

Am I able to obtain a disability accommodation through OEE if I do not have a disability?

No. OEE only handles accommodations relating to an employee’s own disability. Please note that OEE does not handle accommodation requests related to childcare, care of relatives or a family member’s disability. The employee requesting the accommodation must be the individual that has the disability.

Will I receive the specific accommodation that I am requesting?

That depends. If there are multiple reasonable accommodations that can accommodate your limitations, you may not receive the specific accommodation that you requested, but you may receive another reasonable accommodation. Please note that there must be a specific need for the specific accommodation that you are requesting.

How long will the accommodation process take?

That depends. Once we receive the required forms from you and your healthcare provider, we will reach out to your department to discuss possible accommodations. The time for processing your request will vary depending on responsiveness of your department and how quickly we can analyze what a reasonable accommodation may look like for you.

What is the interactive process?

The interactive process is an ongoing communication between employee and University personnel for the express purpose of providing reasonable accommodations. The interactive process is a flexible and individualized approach and often includes a review of the individual’s abilities and functional limitations (including supporting documentation). For employees seeking accommodations, the interactive process may include a review of the essential functions of the job, factors or job tasks that may pose a difficulty, and how the individual may be accommodated without creating an undue hardship on the employer.

OEE may review an employee’s Medical Inquiry Form and then determine that a Request for Additional Information is needed. If an employee is provided with a Request for Additional Information, this is part of the interactive process.

What is a Request for Additional Information?

OEE may receive a completed Medical Inquiry Form that requires additional medical information to fully analyze an employee’s accommodation request. In that case, OEE will provide the employee with a Request for Additional Information to be completed by their healthcare provider. If an employee chooses not to have their healthcare provider complete the Request for Additional Information or does not submit the completed form in a reasonable amount of time, the employee failed to engage in the required interactive process and the case may be closed.

Will my medical condition/information be provided to my department/supervisor if I apply for a disability accommodation?

No. An employee’s medical condition/diagnosis/information will not be disclosed to a supervisor/department. The department will only be made aware of employee’s restrictions/limitations to analyze whether a reasonable accommodation is possible.

The confidentiality of information disclosed during the interactive process will be respected to the extent feasible and practical and in accordance with applicable state and federal laws. This means that information received during the accommodation request process is shared only with those individuals within the University community who "need to know" in order to evaluate the individual’s accommodation request or implement any approved accommodations. However, the University has a duty to respond to allegations of discrimination, harassment (including sexual harassment), and retaliation, and therefore cannot guarantee absolute confidentiality once allegations are disclosed to university officials.

I am pregnant and require workplace accommodations during my pregnancy. Should I apply to OEE for an accommodation?

Yes. OEE handles pregnancy related accommodations. Please submit a Medical Inquiry Form completed by your healthcare provider, which lists your job limitations due to your pregnancy.

I am pregnant and require maternity leave. Do I have to apply to OEE for an accommodation?

That depends. You should contact OneSource first to see if you will be eligible for FMLA. If you are not eligible for FMLA, you should apply for an accommodation for your leave. You are eligible for leave as an accommodation 6-8 weeks after delivery (depending on type of birth) or until your doctor clears you as no longer disabled.

I am pregnant and would like baby bonding time after I give birth. Do I have to apply to OEE for baby bonding leave?

No. OEE does not handle requests for baby bonding leave. Please contact OneSource to discuss eligibility for baby bonding leave.

I recently returned to work from maternity leave. I am nursing and require break time during the workday to express milk. Should I apply to OEE for an accommodation?

Yes. OEE handles requests for reasonable breaks to express milk. A Medical Inquiry Form is not required for this type of request. Please submit an Accommodation Request Form to OEE or fill out the accommodation request questions on the OneSource Portal.

Will I be paid for approved leave as an accommodation?

OEE does not handle any matters related to employee payroll. Please contact OneSource to discuss eligibility for payment during leave.

Will my benefits continue while I am on leave as an accommodation?

OEE does not handle any matters related to employee benefits. Please contact OneSource to discuss eligibility for benefits during leave.

How do I apply for short-term or long-term disability?

OEE does not handle short-term or long-term disability benefits. Please contact OneSource to discuss eligibility for benefits.

How will I know if my accommodation is approved or denied?

You will receive a letter through e-mail advising if your request has been approved, denied or an alternative accommodation is being provided. The terms of the accommodation, and the date that the accommodation expires (if applicable) will be outlined in the letter. OEE will make sure that your department/supervisor is aware of the outcome of your accommodation request. Please make sure that the e-mail address that you submit on the OneSource Portal or on any forms submitted to OEE is the e-mail address that you would want OEE to use when communicating with you during the interactive process and when communicating with you regarding the outcome of your request.

Process to Appeal a Denial of an Accommodation

Prior to appealing the denial of an accommodation request, employees and applicants are encouraged to discuss the accommodation decision with a Disability Specialist and/or the Associate Director of Accommodations within the Office of Employment Equity (OEE). If, after speaking with a Disability Specialist and/or the Associate Director of Accommodations, the employee or applicant wishes to appeal the denial of their accommodation request, they may follow the appeal process below.

Complaints of discrimination or harassment based on a protected class should be filed under the University’s Policy Prohibiting Discrimination and Harassment, 60.1.12. If you have questions about the appeals process and/or the Policy Prohibiting Discrimination and Harassment, please contact OEE by phone at 848-932-3973 or via email at employmentequity@hr.rutgers.edu.

Employees and applicants are afforded one appeal of the denial of their accommodation request, which must be directed to the Senior Vice President of Human Resources (or designee). Employees and applicants are given ten (10) working days from the date of the decision letter to submit an appeal in writing. Failure to submit an appeal to the Senior Vice President (or designee) by the appropriate deadline will render the decision final and conclude the process. Appealing does not stop implementation of the decision while the appeal is being decided. The employee or applicant can appeal only once per accommodation decision. In their appeal, the employee or applicant must explain, in writing, why the information they provided supports granting their accommodation request.

If an employee or applicant has new information or medical documentation, they should submit a new accommodation request.

Upon receipt of an appeal, the Senior Vice President (or designee) will review the appeal submission and accommodation forms. The Senior Vice President (or designee) may request additional information from the appealing party and/or consult with those involved in the accommodation decision. The Senior Vice President (or designee) will make one of the following determinations:

1. Affirm the accommodation decision; or
2. Remand the accommodation decision to recommence the interactive process.

The Senior Vice President (or designee) shall notify the appealing party, the Director of the Office of Employment Equity, the Associate Director of Accommodations, and the employee’s department representative of their decision in writing. It is within the Senior Vice President’s (or designee) discretion to decline an appeal when the employee or applicant does not provide a sufficient basis for the appeal.