EMPLOYMENT PRACTICES

The following information is for all employees of St. Cloud State University, including faculty, staff, administrators, and students who are employed by the SCSU.

It is the policy of SCSU to comply with the provisions of the Americans with Disabilities Act, 42 U.S.C.A. Section 12101, and et.seq. ("ADA"). The ADA prohibits discrimination against qualified individuals with disabilities on the basis of their disability.  The ADA provides, in part, that qualified individuals with disabilities shall not be excluded from participating in or be denied the benefits of any program, service or activity offered by SCSU.

The ADA requires that all programs, services and activities, when viewed in their entirety, are readily accessible to and usable by qualified individuals with disabilities. This University must communicate effectively with individuals with speech, visual, and hearing impairments and provide auxiliary communication aids to qualified individuals with disabilities participating in or benefiting from SCSU's programs, services or activities to afford equal opportunity.

Should you wish to review the ADA or its interpretive regulations, ask questions about your rights and remedies under the ADA, request a reasonable modification to SCSU's policies, practices or procedures, or file a written complaint with SCSU alleging non­compliance with the ADA, please contact the designated coordinators for the ADA listed below.

To review the ADA or its interpretive regulations, refer to:

Human Resources:                 http://www.stcloudstate.edu/humanresources/policies/default.asp                                    

Student Disability Services     http://www.stcloudstate.edu/sds/mission.asp

MnSCU homepage                 http://www.mnscu.edu

 

To ask question about your rights and remedies under the ADA, contact:

Human Resource                            308-3203       humanresources@stcloudstate.edu

Student Disability Services            308-4080       sds@stcloudstate.edu

 

For STUDENTS, to request a reasonable accommodation, contact:

Student Disability Services            308-4080      sds@stcloudstate.edu

 

For EMPLOYEES, to request a reasonable accommodation, contact:

Human Resources                          308-3203      humanresources@stcloudstate.edu

To file a written complaint alleging discrimination of students and employees, contact:

Equity & Affirmative Action Officer                308-5123       affirmativeaction@stcloudstate.edu

 

AMERICANS WITH DISABILITIES ACT DESIGNATED COORDINATORS

 

Mary Bongers

Assistant Director of Human Resources

Administrative Services Building, 204

(320) 308-3203 (Voice)

mabongers@stcloudstate.edu (Email)

1-800-627-3529 (Minnesota Relay Service)

Owen Zimpel

Student Disability Services Director

Centennial Hall, 202

(320) 308-4080 (TTY or Voice) or (320) 308-3117

ojzimpel@stcloudstate.edu (Email)

John Frischmann

Acting Director of Building and Grounds

North Office Complex

 (320) 308-2522 (Voice)

jmfrischmann@stcloudstate.edu (Email)

1-800-627-3529 (Minnesota Relay Service)

Ellyn Bartges

Equity and Affirmative Action Officer

Administrative Services Building, 102

(320)308-5123 (Voice)

elbartges@stcloudstate.edu (Email)

1-800-627-3529 (Minnesota Relay Service)

ELIGIBILITY UNDER THE AMERICANS WITH DISABILITIES ACT

Under the Americans with Disabilities Act (ADA) a person is protected from discrimination in employment if she or he is an individual with a disability, able to perform the essential functions of a job with or without reasonable accommodations.

  • Individual with a disability
  1. Any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities.
  2. Any person who has a record of such impairment which means that a person has a history of or has been classified as having a mental or physical impairment that substantially limits one or more major life activities.
  3. Any person who is regarded as having such an impairment which means:
  • Has a physical or mental impairment that may not substantially limit major life activities but that is treated by others as constituting such a limitation;
  • Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment;
  • Has no impairment but is treated by others as having such impairment.
  • Essential functions - the employee with the disability is expected to perform all essential functions of the job at the same performance standards as her or his non disabled coworkers.
  • Reasonable accommodations - the reasonable accommodation is a modification to a task, job structure, or workplace that allows the qualified employee with a disability to do the job.

 

RECRUITMENT

All recruitment notices must include information about the essential functions of a job. Specific information about essential functions will attract qualified applicants, including qualified individuals with disabilities. Listing all essential functions ensures that employees who bump into posted vacancies are qualified to perform the job.

Information about job openings must be accessible to people with disabilities. Job information must be made available in alternative formats upon request.

The Americans with Disabilities Act is a nondiscrimination law. It does not require employers to undertake special activities to recruit people with disabilities; however, it is consistent with the purpose of the ADA for St. Cloud State University to expand their recruitment efforts of qualified candidates with disabilities.

 

JOB DESCRIPTIONS

Prior to conducting a search or posting a job position, the hiring authority must define the essential qualifications, duties and responsibilities, and selection criteria for each potential vacancy.

Establishing Qualifications Standards and Selection Criteria

 The Americans with Disabilities Act of 1990 . (ADA) and the Minnesota Human Rights Act (MHRA) do not restrict an employer's authority to establish the essential job qualifications, including requirements related to education, skills, work experience, licenses or certifications, physical or mental abilities, health and safety, or other requirements, such as judgments, ability to work under pressure, or interpersonal skills.

The ADA and MHRA do not interfere with an employer's authority to establish appropriate job qualifications to hire qualified people who can perform jobs effectively and safely. It is designed to ensure that people with disabilities are not excluded from the jobs they can perform. Essential qualifications and selection criteria must be job related and consistent with business necessity.

 

APPLICANT SELECTION

Pre-employment Inquiries

The ADA and the MHRA prohibit any pre-employment inquiries about a disability. This prohibition is necessary to assure that qualified candidates are not screened out because of their disability before their actual ability is evaluated.

Supplemental Data Form for Affirmative Action Purposes: St. Cloud State University is a federal contractor, covered by the affirmative action requirements of Section 503 of the Rehabilitation Act of 1973, which invites individuals with disabilities to voluntarily identify themselves as such.       

Interviews

The basic requirements regarding pre-employment inquires also apply to job interviews. The job interview should focus on the applicant's ability to perform the job and not on the disability.

 

Guidelines for Conducting an Interview

  • The following guidelines help to ensure that people with disabilities are given a fair and equitable opportunity to present their job qualifications.
  • Make sure the department and the interviewing location(s) is accessible.
  • Be willing to make reasonable accommodations to ensure equal opportunity.
  • Have an in-depth knowledge of the essential job functions regarding the position for which the applicant is interviewing, as well as the detail of why, how, where, when, and by whom each task or operation is performed.
  • Do not speculate about how the applicant with a disability might perform the job. The person has mastered alternative techniques and skills of living and working with his or her disability. If a job function is an essential aspect of the position, ask the applicant to describe how she or he would perform the task, as one would ask of all applicants. Concentrate on the applicant's technical and professional knowledge, skills, experiences, and interests - not on the disability.
  • Inform the applicant if he or she is not technically or professionally qualified. If the applicant is qualified, openly discuss how she or he plans to perform the job duties, remembering that all questions should be job related, asked in an open-ended format, and asked of all applicants.

 

CERTIFYING EMPLOYEE'S DISABILITY

At St. Cloud State University, the Assistant Human Resources Director, the designated ADA Coordinator, requests disability-related documents from the appropriate licensed professional to certify an employee as having a disability and to determine reasonable accommodations. The cost of obtaining documentation is borne by the individual. If the initial documentation is incomplete or inadequate to determine the extent of the disability and reasonable accommodations, the ADA coordinator has the discretion to require additional documentation. Any cost of obtaining additional documentation is also borne by the individual.

DETERMINING REASONABLE ACCOMMODATIONS

A reasonable accommodation is a modification or adjustment to a course, program service, job, activity, or facility that enables a qualified employee with a disability to have an equal opportunity. An equal opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges as are available to a similarly situated employee without a disability. SCSU is obligated to make a reasonable accommodation only to the known limitations of an otherwise qualified employee with a disability. To determine reasonable accommodations, the ADA coordinator may seek information from appropriate SCSU personnel regarding essential functions of a job, programs, services, activity and facility. Reasonable accommodations are determined by examining:

1. Whether or not the employee has access to the job, program, service, job activity, or facility without accommodations;

2. The barriers resulting from the interaction between the documented disability and the work environment;

3. The possible accommodations that might remove the barriers; and

4. Whether or not essential elements of the job, program, service, activity, or facility are compromised by the accommodations.

Reasonable accommodations are individualized and flexible, based on the nature of the disability and the employment environment.

 

Accommodation/Appeal Procedures

It is the objective of St. Cloud State University to make the SCSU community – students, faculty, and staff – aware of the needs of persons with disabilities and to make reasonable accommodations to provide equal opportunity for all. The SCSU motto regarding disability is “Your attitude takes the handicap from my disability”.

Student Disability Services (SDS) immediately establishes communication with each faculty member who has a student with a disability to help inform them about the disability and make provisions for special services if necessary.

A film is available at the library to assist instructors who have hearing impaired students to work more effectively with interpreters. The film is intended to increase sensitivity and improve classroom interaction.

The university had developed a sound/slide show to help faculty and staff adapt and improve their communication skills to better work with students with disabilities. This show has been presented to every department. The sound/slide show is available in the library.

Request for Reasonable Accommodation

The university follows MnSCU Board policies on provisions for reasonable accommodations. The following procedures are to be used when seeking accommodations. Completion of the Accommodation Request Form, following this section, is advised when immediate accommodation cannot be made.

Job Applicants:

A. Individuals seeking employment at SCSU who may require accommodations in the application process should contact the Human Resources Office for information (humanresources@stcloudstate.edu  or (Phone : 320-308-3203).

B. If the requested accommodation is denied, the applicant should contact AAO (affirmativeaction@stcloudstate.edu or (Phone: 320-308-5123).

Students:

A. Students who have disabilities should sign up with SDS to be authorized academic accommodations.  Students seeking accommodation are encouraged to work with their respective instructor. Should the instructor be unable or unwilling to meet the student’s request, the student should contact Student Disability Services to make a formal request.

B. SDS will approve or deny the request for accommodation. If the accommodation is approved, SDS will take the necessary steps to see that the accommodation is provided.

C. If the requested accommodation is denied or a suitable resolution cannot be reached at that level, the student has the right to access the SDS complaint procedure or university’s affirmative action complaint process or file a complaint with the Department of Human Rights.

Employees:

A. Employees are encouraged to request reasonable accommodations from supervisors.

B. Should the supervisor and employee not be able to agree to a reasonable accommodation, the issue should be referred to the ADA Coordinator. If the accommodation is approved, the ADA coordinator will take the necessary steps to see that the accommodation is provided.

C. If the requested accommodation is denied or a suitable resolution cannot be reached at that level, the ADA Coordinator shall advise the employee of his/her right to access the Affirmative Action complaint process or file a complaint with the Department of Human Rights.


Please follow the links to have access to the forms below:

St. Cloud State University Employee Request for ADA Reasonable Accommodation

St. Cloud State University ADA Authorization for Release of Medical Information

 

 

 

 

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