Who is this for?
This content is designed for participants in Anti Entropy's SparkWell fiscal sponsorship program. While some context will be specific to SparkWell and may need more context, we've made these resources public because they may, nevertheless, be useful to others who may be founding or building an organization.
1. About this Policy
1.1. This policy outlines the Organization's commitment to providing reasonable accommodations for employees with disabilities, pregnancy-related conditions, and religious beliefs or practices, in accordance with federal and state law.
1.2. This policy does not form part of any employee's employment contract, and we may amend it at any time.
1.3. Important Note: Employees who are contracted under an Employer of Record (EOR), such as Deel, will need to follow the policies of the EOR provider and, where they differ, the EOR policy takes precedence.
2. Overview
2.1. The Organization is committed to providing equal employment opportunities and reasonable accommodations to qualified individuals with disabilities, pregnancy-related limitations, and sincerely held religious beliefs or practices.
2.2. This policy applies to all aspects of employment, including:
2.2.1. The application and hiring process
2.2.2. Job performance and essential functions
2.2.3. Access to benefits and privileges of employment
2.2.4. Training and promotional opportunities
2.3. Reasonable accommodations will be provided unless doing so would cause undue hardship to the Organization or pose a direct threat to health or safety.
3. The Interactive Process
3.1. What is the Interactive Process?
The interactive process is a collaborative dialogue between you and the Organization to:
3.1.1. Understand the nature of your limitation or need
3.1.2. Identify the specific barriers or challenges you face
3.1.3. Explore potential reasonable accommodations
3.1.4. Determine which accommodation(s) will be effective and feasible
3.1.5. Implement the agreed-upon accommodation
3.1.6. This process requires good faith participation from both you and the Organization. You are expected to:
- Provide clear information about your limitations and needs
- Participate actively in discussing potential solutions
- Provide necessary documentation (such as medical certification) when requested
- Consider alternative accommodations if your preferred accommodation is not feasible
3.2. Accommodation Request Timeline
3.2.1. Initial response: Your supervisor will acknowledge your accommodation request within 5 business days
3.2.2. Interactive process: We aim to complete the interactive process within 15 business days of receiving all necessary documentation
3.2.3. Implementation: Once an accommodation is approved, we will implement it as quickly as reasonably possible
3.2.4. Complex accommodation requests may require additional time. We will keep you informed throughout the process.
4. What is Undue Hardship?
4.1. An accommodation causes "undue hardship" when it would require significant difficulty or expense relative to the Organization's size, financial resources, and business operations.
4.2. Factors considered include:
4.2.1. The nature and cost of the accommodation
4.2.2. The Organization's overall financial resources and size
4.2.3. The impact on the Organization's operations
4.2.4. The impact on other employees
4.3. Each request is evaluated individually based on these factors.
5. Disability Accommodations
5.1. Legal Foundation
5.1.1. In accordance with the Americans with Disabilities Act (ADA) and applicable state law, the Organization will provide reasonable accommodations to qualified individuals with disabilities unless doing so would create an undue hardship or pose a direct threat to health or safety.
5.2. Who Should Request an Accommodation
5.2.1. You should request an accommodation if you require assistance to:
- Perform the essential functions of your job
- Enjoy equal employment opportunities
- Obtain equal job benefits
5.3. How to Request an Accommodation
If you believe you need an accommodation due to a disability:
5.3.1. Contact your supervisor, preferably in writing
5.3.2. Specify what barriers or limitations prompted your request
5.3.3. Describe how the limitation affects your ability to perform your job
5.3.4. Provide any suggested accommodations (optional)
5.3.5. You do not need to use specific legal language or mention the ADA when requesting an accommodation.
5.4. Organization-Initiated Process
5.4.1. In some cases, the interactive process may be initiated by the Organization without a request from you, such as when the Organization observes or receives notice from another source that a medical condition may be impacting your ability to perform essential job functions.
5.5. Medical Documentation
5.5.1. The Organization may request medical documentation from your healthcare provider to:
- Verify the existence of a disability
- Describe the nature and extent of your limitations
- Support the need for a specific accommodation
5.5.2. All medical information will be kept confidential in accordance with the Confidentiality section of this policy.
5.6. Examples of Reasonable Accommodations
Reasonable accommodations may include (but are not limited to):
5.6.1. Physical accessibility: Wheelchair ramps, accessible restrooms, adjustable desks
5.6.2. Schedule modifications: Flexible start times, modified break schedules, remote work options
5.6.3. Equipment and technology: Screen readers, ergonomic equipment, assistive devices
5.6.4. Job restructuring: Redistributing marginal job functions, modifying how tasks are performed
5.6.5. Communication aids: Sign language interpreters, written materials in alternative formats
5.6.6. Leave: Modified leave policies as a reasonable accommodation
5.6.7. Each accommodation request is evaluated on an individual basis.
6. Pregnancy Accommodations (Pregnant Workers Fairness Act)
6.1. Legal Foundation
6.1.1. In addition to protections under the Americans with Disabilities Act, the federal Pregnant Workers Fairness Act (PWFA) provides specific accommodations for pregnancy, childbirth, and related medical conditions.
6.2. Automatically Approved Accommodations
The following accommodations for pregnancy-related limitations are typically provided upon request without requiring medical documentation:
6.2.1. Allowing you to carry or keep water in or near your work area and to drink water as needed
6.2.2. Additional restroom breaks, as needed
6.2.3. Allowing you whose work requires standing to sit, as needed
6.2.4. Allowing you whose work requires sitting to stand, as needed
6.2.5. Allowing you to take breaks, as needed, to eat and drink
6.3. Other Pregnancy Accommodations
6.3.1. For accommodations beyond those listed above, follow the standard accommodation request process outlined in the Disability Accommodations section.
6.3.2. You may need to provide medical documentation supporting your need for accommodation.
6.4. Leave vs. Accommodation
6.4.1. The Organization will not require you to take leave if another reasonable accommodation can be provided.
6.4.2. However, if you wish to request leave for a pregnancy-related limitation, contact your supervisor to discuss options under this policy or the Family & Medical Leave policy.
6.5. State and Local Laws
6.5.1. Several states and localities have pregnancy accommodation laws that may provide different or additional benefits. The Organization will comply with all applicable laws and provide the most generous benefits available to you under any applicable law.
7. Religious Accommodations
7.1. Legal Foundation
7.1.1. The Organization will provide reasonable accommodation for your religious beliefs, observances, and practices when a need for such accommodation is identified and reasonable accommodation is possible. A reasonable accommodation is one that eliminates the conflict between your religious beliefs, observances, or practices and your job requirements, without causing undue hardship to the Organization.
7.2. How to Request a Religious Accommodation
If you perceive a conflict between job requirements and a religious belief, observance, or practice:
7.2.1. Contact your supervisor, preferably in writing
7.2.2. Describe the conflict between your religious practice and job requirements
7.2.3. Explain what accommodation would resolve the conflict
7.2.4. For schedule adjustments, provide as much advance notice as possible
7.2.5. If the Organization becomes aware of your need for religious accommodation through other means, we will contact you to discuss a potential accommodation.
7.3. Examples of Religious Accommodations
Religious accommodations may include (but are not limited to):
7.3.1. Schedule changes: Time off for religious observances, flexible scheduling for prayer times
7.3.2. Dress and grooming: Exceptions to dress code for religious garments or head coverings
7.3.3. Work assignments: Reassignment of particular tasks that conflict with religious beliefs (where possible without undue hardship)
7.3.4. Break times: Providing break time and space for prayer or religious observance
7.3.5. Dietary needs: Accommodations for religious dietary restrictions at company events
7.4. Limitations
The Organization cannot accommodate religious beliefs or practices that would:
7.4.1. Violate federal, state, or local laws
7.4.2. Create a safety hazard
7.4.3. Require other employees to assume more than their fair share of work
7.4.4. Compromise the Organization's ability to operate effectively
8. Duration of Accommodations
8.1. Permanent accommodations: Provided for ongoing conditions or permanent disabilities
8.2. Temporary accommodations: Provided for a specific period (e.g., during pregnancy or recovery from injury)
8.3. Periodic review: The Organization may periodically review accommodations to ensure they remain necessary and effective, particularly for temporary conditions
8.4. If your accommodation needs change, please notify your supervisor so we can adjust the accommodation accordingly.
9. If an Accommodation Request is Denied
9.1. If the Organization determines that a requested accommodation would cause undue hardship or is otherwise not reasonable, we will:
9.1.1. Explain the reasons for the denial in writing
9.1.2. Discuss alternative accommodations that may be effective
9.1.3. Continue to engage in the interactive process to find a workable solution
9.2. If you disagree with a denial decision, you may:
9.2.1. Discuss your concerns with your supervisor
9.2.2. Request a meeting with the Board President to review the decision
9.2.3. Provide additional information that may support your request
10. Confidentiality
10.1. All information regarding accommodation requests, including medical documentation, will be kept confidential to the extent required by law.
10.2. Information will only be shared with:
10.2.1. Supervisors and managers who need to know to implement the accommodation
10.2.2. First aid and safety personnel if the accommodation relates to emergency procedures
10.2.3. Government officials investigating compliance with accommodation laws
10.3. Medical documentation will be maintained in separate, secure files apart from general personnel files.
11. Non-Retaliation and Non-Discrimination
11.1. The Organization will not retaliate or otherwise discriminate against you because you request an accommodation in accordance with this policy.
11.2. This includes protection against:
11.2.1. Adverse employment actions (termination, demotion, reduction in pay)
11.2.2. Harassment or hostile treatment
11.2.3. Interference with your rights under accommodation laws
11.3. The Organization also prohibits discrimination based on disability, pregnancy, childbirth, related medical conditions, or religion.
12. Reporting Discrimination or Retaliation
12.1. If you believe you have been subjected to discrimination or retaliation related to an accommodation request, or if you have witnessed such conduct toward another person, report it immediately to:
12.1.1. Your supervisor (if they are not involved in the conduct)
12.1.2. The Board President
12.1.3. support@antientropy.org
12.2. All reports will be promptly and thoroughly investigated.
12.3. The Organization prohibits retaliation against anyone who makes a good faith report or participates in an investigation.