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Employee Independent Review Process

Procedures for DRC Review of Employee Accommodation Denials

Opportunity to Request a Review

Employees who receive a written denial of accommodation request and believe there is a basis for review under the criteria listed below may request an independent review through DRC's online portal. The DRC Executive Director or designee will receive a notification of your request. 

The independent review process is intended to ensure a fair, individualized reconsideration of the accommodation decision and compliance with applicable disability laws, including the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

If you experience any issues accessing DRC's online portal, contact us at disability@arizona.edu

Timeline for Submitting a Review Request

To ensure a timely and meaningful review process, requests for independent review must be submitted in writing within five (5) business days of the written denial.

Accommodation for Participation in the Review Process

Employees requesting accommodations to participate in the DRC independent review process are encouraged to submit an accommodation request in advance of the review by contacting workplaceaccess@arizona.edu.

Grounds for a Review Request

To be eligible for independent review, the written request must identify one or more of the following grounds:  

  1. The ADA-required interactive process was not fully conducted, or a procedural irregularity materially affected the accommodation determination.  
  2. New and material documentation, information, or evidence has become available that was not available during the original interactive process and may affect the accommodation determination.
  3. The accommodation determination appears inconsistent with applicable law or university policy governing reasonable accommodations or was influenced by a conflict of interest or bias.  

Initial Review for Completeness

The Executive Director or designee will conduct a preliminary review to determine whether the request identifies at least one of the grounds for independent review listed above. If the request does not identify a sufficient basis for independent review, the employee will be notified via email and informed of the deficiency. The employee will have one (1) opportunity to submit a revised request addressing the identified deficiency within five (5) business days of the date of the notification.

If the revised request still does not meet the criteria for review, it will be denied, and no further review will be conducted.

Acceptance of the Review Request

If the request meets the required criteria, the Executive Director or designee will notify the employee, relevant DRC staff and any other university departments, as appropriate, and will initiate the review process.  

Gathering Materials Related to the Original Decision

To support a thorough review, the Access Consultant will be asked to share relevant materials within five (5) business days of notification, which may include:  

  1. Documentation reviewed as part of the accommodation decision.
  2. Records related to the interactive process (such as communications with the employee and others).
  3. DRC’s Accommodation Determination
  4. Any additional relevant information.

DRC Independent Review

The Executive Director or designee will complete the review within ten (10) business days. The review may involve:

  1. Careful and impartial consideration of all submitted materials.
  2. An evaluation of whether the interactive process was conducted appropriately.
  3. An assessment of whether the requested accommodation is reasonable and does not create an undue hardship, fundamentally alter the essential functions of the position or the nature or operation of the university, or pose a direct threat to the health or safety of the individual or others.
  4. Consultation with relevant departments, as appropriate, to support compliance with applicable laws.
  5. An in-person or virtual meeting with the employee.  

Confidentiality

All information shared as part of this process will be handled in accordance with applicable confidentiality requirements.

Decision Communication

Within ten (10) business days of completing the review, the Executive Director or designee will provide a written decision via email to the employee and other appropriate university personnel. The decision will include:

  1. The outcome of the review (approved, modified, or upheld).
  2. An explanation of the reasons for the decision.
  3. Any next steps or implementation details, if applicable.  

Distribution of Decision

The decision will be provided to:

  1. The employee
  2. The Access Consultant
  3. Relevant university personnel, as appropriate and consistent with confidentiality requirements.

Finality of Review

  1. The decision issued by the Executive Director or designee represents the last step in the DRC review process.
  2. If the original denial is upheld, the accommodation decision remains in effect as of the date of the decision letter.
  3. If the denial is modified or overturned, the university will promptly re-engage in the interactive process, as needed, and move forward with implementing the approved accommodation.

Effective September 14, 2026