UNIVERSITY POLICY TITLE: Board of Trustees Presidential Functional School/Unit

Transcription

1 UNIVERSITY POLICY SUBJECT: WORKPLACE DIVERSITY TITLE: RELIGION AND RELIGIOUS ACCOMMODATIONS CATEGORY: Check One Board of Trustees Presidential Functional School/Unit Responsible Executive: President Responsible Office: Workplace Diversity CODING: :00 ADOPTED: 02/24/81 AMENDED: 04/20/12 LAST REVIEWED: 04/20/12 I. PURPOSE To ensure nondiscrimination based upon religion and set guidelines for providing religious accommodations in accordance with Title VII of the Civil Rights Act of 1964, as amended, and the New Jersey Law Against Discrimination. II. ACCOUNTABILITY Under the direction of the President the Senior Vice President for Administration and the Associate Vice President for Workplace Diversity shall ensure compliance with this policy. The Associate Vice President for Workplace Diversity in concert with the Deans, Presidents/CEOs of the Healthcare Units, Vice Presidents, Administrators and Program Directors shall implement this policy. III. APPLICABILITY This policy applies to all faculty, staff, students and housestaff. IV. REFERENCES V. POLICY A. Student Essential Functions :00 B. Student Immunizations & Health Requirements :00 C. Discrimination, Harassment and Other Inappropriate Workplace Conduct :00 A. Requirements: 1. The University of Medicine and Dentistry of New Jersey prohibits discrimination and harassment against employees and applicants based upon religion in hiring, firing and school admissions. All terms and conditions of employment and educational programs will reasonably accommodate applicants, employees or students sincerely held religious beliefs or practices unless doing so would impose undue hardship on operations. Religion and Religious Accommodations Page 1 of 5

2 2. UMDNJ respects religious diversity and personal religious expression except where the expression intrudes upon the legitimate rights of other employees or students. As a State institution, UMDNJ must ensure that expression by employees or students does not create a reasonable impression that UMDNJ is sponsoring, endorsing, or favoring or disfavoring a particular religion. 3. Employees and students must respect the right of all employees, students and patients to hold differing religious beliefs or non-beliefs and not impose their beliefs on others. 4. Employees and applicants will not be treated more or less favorably due to their religious beliefs or practices, except to the extent a religious accommodation is warranted. Employees cannot be forced to participate, or not participate, in a religious activity as a condition of employment or admission. 5. Religious Accommodation Procedure: Employees must make requests for religious accommodations in advance by completing the Request for Accommodations Form (EXHIBIT or and submitting the form to their supervisor or to the Office of Workplace Diversity. Applicants for employment may submit requests for accommodations during the hiring process to the Department of Human Resources. The supervisor will review the request and either grant it, and inform the employee it has been approved, or refer it to the Office of Workplace Diversity for review. The Office of Workplace Diversity will review the request with the employees s supervisor, discuss it with the employee and supervisor, if necessary, and either grant it or deny it. If an employee can not be accommodated in his or her position because the accommodation is an undue hardship on operations, the employee may be transferred to another position for which he or she qualifies and can be accommodated. The Human Resources department will work with the employee to identify an appropriate position within the University. 6. Students must follow their School s procedure to request a religious accommodation. Students may be required to make up any class or clinical time lost or assignments/class work, clinical or tests and exams missed, in accordance with program requirements. 7. Students who need religious accommodations in student housing must make a request to Office of Facilities, Planning, Management and Construction (FPMC). FPMC will review the request and either grant it and inform the student, or forward the request to the Office of Workplace Diversity for review. The Office of Workplace Diversity shall advise FPMC regarding the requested accommodation. 8. The Office of Workplace Diversity shall provide advice and guidance in reviewing and arranging religious accommodations or mediating situations where a request can not be accommodated. 9. Essential Functions and Technical Requirements Employees and students who receive accommodations based on religion must be able to fulfill the essential functions of the position they hold or the curriculum for the program in which they are enrolled Religion and Religious Accommodations Page 2 of 5

3 10. Employees, job applicants and students may file a complaint as outlined in University policy, Discrimination, Harassment and Other Inappropriate Workplace Conduct, :00 with the Ethics and Compliance Helpline if they believe they have been discriminated against or harassed based on religion. B. Responsibilities: 1. Employees and job applicants shall be responsible for submitting requests for reasonable accommodations to the appropriate director, manager, or supervisor, utilizing the Request for Accommodation form attached as EXHIBIT or at Students shall submit requests for religious accommodations in accordance with their school s procedures or to FPMC for accommodation requests in student housing. The request should include an explanation of the reasons for the accommodation and specify the accommodation that is requested. 2. Deans, Vice Presidents, directors, managers, and supervisors shall be responsible for: a. hiring individuals, and implementing terms and conditions of employment, without regard to religion; b. reviewing and documenting requests from employees, students and job applicants for accommodations; c. determining whether reasonable accommodations can be made and arranging for such accommodations, or conferring with the Office of Workplace Diversity before denying a request based on undue hardship; d. considering alternate accommodations, if necessary, and complying with the guidance provided by the Office of Workplace Diversity; e. maintaining a copy of the approved/denied accommodation in the employee s departmental file. 3. Regarding requests from students, individual school Associate Deans for Student Affairs and Program Directors shall be responsible for reviewing, approving and arranging for reasonable religious accommodations and conferring with the Office of Workplace Diversity before denying a request based on undue hardship. 4. The Facilities Planning Management and Construction Office (FPMC) is responsible for: a. receiving, reviewing and implementing requests for religious accommodations in student housing; b. conferring with the Office of Workplace Diversity on religious accommodations. 5. The Office of Workplace Diversity shall be responsible for: a. providing information, guidance and assistance with reviewing accommodation requests and arranging for reasonable accommodations with a Dean, Vice President, director, manager or supervisor; b. monitoring the performance of management in complying with this policy; Religion and Religious Accommodations Page 3 of 5

4 c. providing guidance to Deans, Vice Presidents, directors, managers, supervisors or Facilities Planning Management and Construction Office about requests for reasonable accommodations; and d. reviewing and arranging for reasonable accommodations based on religion in student housing. VI. EXHIBIT ACCOMMODATION REQUEST FORM President Religion and Religious Accommodations Page 4 of 5

5 EXHIBIT ACCOMMODATION REQUEST FORM Complete this form to request an accommodation based on religion or because of a disability. You must provide medical or other appropriate documentation when you are requesting an accommodation due to a disability. Note: The information provided to the Office of Workplace Diversity will be maintained in confidence and shared only to the extent necessary to facilitate your accommodation request. Name: Date: Home Address: City/State/Zip Code: Faculty Staff Faculty Rank or Job Title: Department/School: Campus: Newark New Brunswick Stratford Home telephone: Student Student Program and Year: Date of Hire/School term: Work/Mobile Telephone: Your Supervisor/Professor: Type of Accommodation: DISABILITY - Learning Physical Pregnancy Psychological RELIGIOUS Explain what you need and why: Have you sought assistance from any one else? Yes No If Yes, please explain the outcome below. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting, or requiring, genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. Genetic information, as defined by GINA, includes an individual s family medical history, the results of an individual s or family member s genetic tests, the fact that an individual or an individual s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. Requestor s Signature: Date: Workplace Diversity ONLY: Granted Yes No- Reason: Date: Revised September 2011 OWD Religion and Religious Accommodations Page 5 of 5