Disability Management Services
Disability Management Mission
UC Merced Disability Management Services provides services to retain faculty and staff with illness or disabilities when their work is impacted by a medical condition. This program educates managers in ADA/FEHA related issues in order to ensure compliance with State and Federal legislation and prevent grievances, litigation.
Under the California workers compensation system, Disability Management Services provide early intervention to faculty and staff who have been industrially injured and provides mandated vocational rehabilitation services to qualified injured workers.
Under University of CA policy system wide campus mandated services are provided including: the interactive process, reasonable accommodation, review and approval of medical separations.
Disability Management and Vocational Rehabilitation Services (DMS) provides services to staff and faculty who have or develop health problems (either work-related or non work-related) that affect employment. Early intervention is provided to employees with industrial injuries and disability insurance and includes mandated vocational rehabilitation services to qualified injured workers. This program provides consultation and training to supervisors and managers on the ADA/504, FEHA, FMLA and related issues to insure compliance with State and Federal laws applicable to confidentiality, disability access and employment rights. Return-to-work initiatives and reasonable accommodation for UC Merced employees are facilitated through the interactive process. Ergonomic evaluations are provided and workplace modification recommendations are made to reduce injuries from repetitive motion and cumulative trauma.
General Information about Disability Management Services
Disability Management Services efforts are dedicated to the prevention and the reduction of the human and fiscal cost of disability in the workplace at UC Merced. This is accomplished by:
· Providing education, ergonomic evaluations and recommendations and early intervention services to prevent or minimize the effects of disability in the workplace
· Facilitating early identification, referral, and treatment for disability and/or injuries at work
· Assisting employees with disabilities in overcoming disability-related restrictions or limitations through modified employment
· Implementing UC policy and/or contract provisions regarding return to work, reasonable accommodation, and medical separation,
· Consulting with supervisors and management, Academic Personnel, Human Resources, and other University staff regarding workplace disability issues.
Disability Management Services Contacts
Tom Church, M.Ed, M.A., C.R.C., F.V.E.
Vocational Rehabilitation Counselor and Disability Manager
Office: (209) 228-2943
Fax: (209) 228-2978
Retirement and Workers Compensation
Office: (209) 228-4163
UC Merced Disability Management Services Office Mailing Address
5200 North Lake Road
Merced, CA 95343
UC Merced Disability Management Services Office Physical Location
767 East Yosemite, Suite A
Merced, CA 95340
Disability Claims Administration
P.O Box 14533
Lexington, KY 40512-4533
P.O Box 14533
Lexington, KY 40512-4533
ADA OVERVIEW and Reasonable Accommodation
Americans with Disabilities Act (ADA) Title I/California Fair Employment & Housing Act
The Americans with Disabilities Act (ADA), the Rehabilitation Act, Sect. 504, and the California Fair Employment & Housing Act (FEHA) are Federal and State laws that prohibit discrimination against employees or potential employees with disabilities in terms and conditions of employment.
The University provides equal opportunity in employing qualified individuals with disabilities and reasonable accommodations in order to hire employees or retain individuals with disabilities. Applicants and disabled employees must be able to perform the essential functions of a job. Essential functions are duties and responsibilities which comprise the critical elements of a position. Reasonable accommodations can consist of job modifications including altered work hours, or use of an assistive device.
The ADA makes it unlawful to discriminate in hiring and all employment practices. For the University of California, Merced the scope of this policy includes recruitment, hiring, benefits, compensation, promotion, training, job assignment, lay-off, leave, dismissal, and related actions. The act also prohibits an employer from retaliating against applicants or employees for asserting their rights under the ADA. To be protected under the ADA, an individual must:
· have a physical or mental impairment or medical condition that substantially limits one or more of the major life activities and bodily functions without taking into consideration mitigating measures and
· have a record of such an impairment, or
· be regarded as having such an impairment
The 1974 Rehabilitation Act, Section 504 prohibits discrimination in programs and services that receive federal funds and requires reasonable accommodation and physical access. Section 501 of the ADA provides that the ADA works as an expansion of the Rehabilitation Act. Section 503 requires implementation of an affirmative action program for employees with disabilities.
In addition to employment Title II of the ADA incorporates public services and accommodations. The ADA prohibits discrimination to people with disabilities including exclusion from participation in or denial of the benefit of services, programs and activities provided by the University. Title II includes public access and transportation that meets accessibility standards for individuals with disabilities. Facilities are required to conform to architectural standards based upon the Architectural and Transportation Barriers Compliance Board and auxiliary communication services and aides are also required which include people with hearing, speech and vision impairments. Section 508 of the Rehabilitation Act is considered a community standard by the University of California and incorporates access to electronic information and technology and communication.
The University will, in general, upon request, provide reasonable accommodations to include appropriate aids and services that lead to effective communication for qualified people with disabilities in order for them to participate equally in the University’s programs, services, and activities including qualified sign language interpreters, documents in alternative text and the provision of accessible information, technology and communication to people with physical, sensory and communication impairments. The University will not impose a surcharge on an individual with a disability or a group of individuals with disabilities to cover the costs of providing auxiliary aids and services or reasonable modifications of policy.
Contact Information for Reasonable Accommodation Questions
Disability Management Services Tom Church (209) 228-2943
Human Resources, ADA title I Coordinator Joanne Dunlap (209) 228-4182
Student Services, ADA title II Coordinator Holly Mayo (209) 228-4661
Statutory and Regulatory Policy Citations
Architectural Barriers Act, 42 U.S.C. 4151 et seq. passed by Congress in 1968 requires access to facilities designed, built, altered, or leased with Federal funds and incorporates required compliance with the ADA Accessibility Guidelines.
Health Insurance Portability and Accountability Act of 1996 http://www.hhs.gov/ocr/privacy/hipaa/administrative/statute/index.html and http://www.universityofcalifornia.edu/hipaa/welcome.html
Section 508 Rehabilitation Act and SB 302 require access to electronic and information technology http://www.access-board.gov/sec508/guide/act.htm
Uniformed Services Employment and Reemployment Rights Act of 1994 protects service members and veteran civilians' employment rights @ http://www.justice.gov/crt/military/statute.htm
California Occupational Safety and Health Association
Genetic Information Nondiscrimination Act (GINA) of 2008
UC Merced, Our Values, Principles of Community, 2003
Publications Regarding Employment Practices
UCOP Personnel Policies for Staff Members PPSM-12 http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp12.html
UC PPSM 14 Affirmative Action
UC PPSM 20 Recruitment, 2006 http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp20.html#Anchor-20-35882
UC PPSM 21 Appointment, 2007http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp21.html
UC PPSM 43 Leave of Absence, 2003
UC PPSM 44 Work Incurred Illness and Injury, 1997
UC PPSM 66 Medical Separation, 2006 http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp66.html
UC PPMS 70 Complaint Resolution, 2000 http://atyourservice.ucop.edu/employees/policies_employee_labor_relations/personnel_policies/spp70.html
Labor Relations and Collective Bargaining, the University of California contracts with 13 different unions.
California Workers Compensation, title 8 http://www.dir.ca.gov/dwc/Laws_Regulations.htm
Workers Compensation Self-Insurance Program, Business and Finance Bulletin 73 http://www.ucop.edu/ucophome/policies/bfb/
Legal Requirements on Privacy of and Access to Information, RMP-8 http://www.ucop.edu/ucophome/policies/bfb/rmp8.html
The Center for Universal Design (CUD) is a technical assistance, information and research center that evaluates, develops, and promotes accessible and universal design in architecture, public facilities, and outdoor environments at http://www.design.ncsu.edu/cud/