Section: Human Resources
Subject: Reasonable Accommodations
Approved by: Jean Nowry
Effective Date: 5 July 2025
Last Reviewed Date: 10 July 2025
Policy Owner: Benefits Department
Policy #
It is the policy of Massey Services, Inc. to comply with the Americans with Disabilities Act (ADA) and offer equal employment opportunities to applicants and team members with disabilities[1]. This includes the employment application process, performance of essential job functions, and provision of benefits and leave time. Under this policy, reasonable accommodation is defined as any modification or change to a job, employment practice, benefit, or work environment which makes it possible for a qualified applicant or team member with a known disability to enjoy equal employment opportunity. Massey Services, Inc. will accommodate an applicant or team member unless the accommodation would: (a) impose an undue hardship on the Company, or (b) if the applicant or team member would pose a direct, significant, and identifiable threat to the health and safety of themselves or others. Management reserves the right to make all work-related decisions concerning reasonable accommodation. These decisions will exemplify and take into consideration our commitment to equal employment opportunity.
[1] For the purpose of this policy, the term “disability” or “team member with a disability” includes those who are pregnant or have a physical or mental condition related to pregnancy or childbirth.
Definitions #
Disability: A person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment. To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment.
Reasonable Accommodation: Reasonable accommodation is defined as any modification or change to a job, employment practice, or work environment which makes it possible for a qualified applicant or team member with a disability to receive equal opportunities in employment.
Reasonable Accommodation #
Massey Services, Inc. provides reasonable accommodations:
- When an applicant with a disability needs an accommodation to have an equal opportunity to compete for a job.
- When a team member with a disability needs an accommodation to perform the essential functions of the job or to gain access to the workplace.
- When a team member needs additional leave time when necessary to provide a reasonable accommodation.
- When a team member with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment.
Common types of reasonable accommodations may include:
- Modifying work schedules.
- Providing assistive technology.
- Exceptions to leave of absence provisions to include unpaid medical/disability leave when necessary to provide reasonable accommodation (see Policy & Procedure 348 Leaves of Absences)
- Making the workplace readily accessible to and usable by individuals with disabilities.
- Altering how or when job duties are performed.
When an accommodation request may not be considered reasonable?
- When it creates an undue hardship on the Company.
- If the individual would pose a direct, significant, or an identifiable threat to health and safety.
Reasonable Accommodation and Interactive Process #
Requesting a Reasonable Accommodation #
A team member may request a reasonable accommodation at any time. Such requests should be directed to the Benefits Department. While reasonable accommodation requests may be made verbally, it is the company’s preference that the team member send their request by email to benefits@masseyservices.com.
If a reasonable accommodation request is made to a manager, rather than directly to the Benefits Department, the manager is required to forward the request immediately (not to exceed two (2) business days after the individual turned in the request) to the Benefits Department. Failure to relay a reasonable accommodation request or to forward an email regarding a reasonable accommodation request may result in disciplinary action up to and including termination of employment.
Reviewing the Request and the Interactive Process #
The Director of Benefits will be primarily responsible for reviewing requests for reasonable accommodation and engaging in the interactive process. This responsibility may be delegated to a Benefits Assistant but will not be delegated to the team member’s manager. Requests will be reviewed, and a decision made in as short of a period of time as possible presuming all parties participate in the interactive process in good faith.
Steps in the interactive process may include, but not be limited to: (1) Providing a Reasonable Accommodation Form and job description to the team member to have their physician complete, (2)Analyzing the particular job involved and determine its purpose and essential functions, (3) consult with the team member with a disability to ascertain the precise job-related limitations imposed by the disability and how those limitations could be overcome with a reasonable accommodation, (4) jointly identifying potential accommodations and assessing the effectiveness each would have in enabling the team member to perform the essential functions of the position, and (5) considering the preference of the individual to be accommodated and select and implementing the accommodation that is most appropriate for both the team member and the company.
During this process, the Benefits Department will gather relevant information necessary to respond to the request and to determine if a requested accommodation is achievable or if there may be other alternatives. To ensure this process is effective, all parties (team member, manager, Director of Benefits) will be required to participate and communicate in good faith; this includes communicating regarding the request, the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting the individual’s needs.
Requests for Additional Information #
If documentation of the team member’s disability and/or need for an accommodation is not provided, Massey Services, Inc. may request that a medical or healthcare provider complete the Reasonable Accommodation Form attached to this policy. A job description will also be provided with the Reasonable Accommodation Form. The completed form will assist in determining if a team member has a disability and confirming the need for an accommodation, as well as accommodation alternatives.
If the information volunteered by the team member or provided by a health professional is insufficient to determine whether the individual has a disability, or that an accommodation is needed, or more detail is required to ensure the proper accommodation is needed, the Director of Benefits will explain what additional information is needed.
Confidentiality #
Information obtained in connection with the reasonable accommodation process will be kept confidential. This means that all medical information Massey Services, Inc. obtains in connection with a request for a reasonable accommodation will be kept in files separate from the individual’s personnel file. Medical information should not be maintained by the manager. If a manager is given documentation by the team member to submit on their behalf, the manager should promptly forward the documentation to the Benefits Department.
Individualized Assessment #
In determining the existence and nature of a team member’s disability, their request for an accommodation, and how these might impact the performance of the essential functions of the job, the company will make an individualized assessment. Similarly, in determining if an accommodation request would cause an undue hardship or pose a health or safety risk, the company will make an individualized assessment of the team member’s or applicant’s ability to safely perform the essential functions of the job. An individualized assessment conducted to determine if an applicant or team member poses a health or safety risk will consider if the individual’s present ability to perform the essential functions of the job considering the duration of the risk, the nature and severity of the potential harm, the likelihood of the harm, and the imminence of any potential harm. A direct threat must be objectively reasonable and supported by medical evidence and/or the best available objective evidence.
Communication of the Reasonable Accommodation Request Decision #
If approved – The Benefits Department representative will communicate with the individual and their manager and discuss implementation of the accommodation. A decision to provide an accommodation other than the one specifically requested will be considered a decision to grant an accommodation.
If denied – The Director of Benefits will communicate with the individual and may explore with the individual whether another accommodation would be possible. The fact that one accommodation proves ineffective or would cause an undue hardship does not necessarily mean that this would be true of another accommodation.
After the Completion of the Reasonable Accommodation Process #
If a team member is dissatisfied with the resolution of a reasonable accommodation request, they can request, in writing, that the Director of Benefits reconsider the decision. This request must be done within ten (10) business days of being notified of the decision.
An individual’s receipt or denial of an accommodation does not prevent the individual from making another request at a later time if circumstances change and they believe that an accommodation is needed (e.g. health condition worsens, team member is assigned a new job duty that requires an additional or different reasonable accommodation).
Some accommodations may be temporary in nature and, if an accommodation is no longer necessary, it is the team member’s responsibility to contact the Benefits Department. The Director of Benefits may also engage in an interactive process, at any time, to determine if there is a continuing need for an accommodation that has been granted.
No Retaliation #
Team Member and applicants will not be subjected to retaliation or discipline because they have requested a reasonable accommodation. If a team member believes they have experienced retaliation as a result of the approval or denial of a reasonable accommodation request, they should immediately report this retaliation to the Benefits or the Human Resources Department.
Questions #
Any team member who has questions or needs additional information about this policy and procedure should contact:
Benefits Department
407-505-4608 or 1-888-262-7739