Americans with Disabilities Act of 1990 (ADA)

PRIMARY STAKEHOLDER

Director, Risk Management

COMMENTS

The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability.  This procedure provides a general discussion of the ADA and describes how to file an Accommodation Request.

For further information, refer tot he U.S. Equal Employment Opportunity Commission (EEOC) booklet, The Americans with Disabilities Act:  Your Employment Rights as an Individual With a Disability.  This booklet is available in Braille, large print, audiotape and electronic file on computer disk.  To obtain copies of the booklet or current EEOC phone numbers or addresses, call Risk Management.  ADA access information is located at  ADA Access Guidelines.

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GUIDELINES AND DEFINITIONS

ADA Protection

Individuals are protected from discrimination on the basis of a disability under the ADA if they have a disability and are qualified to do the job.  As defined by the ADA, the disability must be a "physical or mental impairment" that "substantially limits a major life activity."  Substantial impairment is a disability that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for oneself, learning or working.

In order to be protected under ADA, individuals with disabilities must also be able to perform the essential functions or duties of the job satisfactorily, with or without reasonable accommodation.  Individuals with disabilities must satisfy job requirements such as education, experience, skills, and licenses.

Reasonable Accommodation

Reasonable accommodation is defined as a change or adjustment to the work environment or job which allows a qualified disabled person to apply for a job, perform essential functions of a job to the employer's standard, or enjoy benefits and privileges of a job equivalent to those enjoyed by employees without disabilities.

The District is required to provide reasonable accommodations to qualified applicants or employees unless the accommodation would be an undue hardship to the District.

Medical Examinations

Employers may not ask a job applicant if he or she is disabled or ask about he nature or severity of a disability.  Employers may ask if the applicant can perform the job duties (with or without reasonable accommodation) or ask the applicant to demonstrate how they will perform the job.  Employers may require that the applicant take a medical examination only after a job has been offered.  The job offer can state a condition which requires passing a medical exam, if all other employees for that job category are required to take an equivalent medical exam.

Employers may not require employees to take a medical exam or ask questions about a disability unless the questions are directly related to the job and necessary for the completion of the employer's business.  Voluntary medical exams as part of health programs are allowable.  The employer may provide medical information to the state in order to comply with workers' compensation laws.  Results of all medical examinations must be kept confidential, in separate medical files.

Use of Illegal Drugs

Individuals who use illegal drugs are not covered by the ADA.

Discrimination Charges

Applicants or employees who feel that they have been discriminated against on the basis of a disability should file a complaint under District discriminatory complaint procedures by contacting:

Ben Lastimado
Vice Chancellor of Human Resources and Labor Relations
8800 Grossmont College Drive
El Cajon, CA 92020-1799
(619) 644-7571

Applicants may also contact the nearest EEOC field office.

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Procedure to follow:

STEP 1

EMPLOYEE obtains and submits forms
Obtain Accommodation Request form A and Physician's Certificate form B from Risk Management and the job description from Personnel.

Fill out and sign the Accommodation Request form A.   Check one of the following boxes:

• Physician's Certificate attached

• Physician's Certificate will be sent under separate cover

• Notification of scheduled appointment

Retain the pink copy of the Accommodation Request form A, and give the goldenrod copy of the Accommodation Request to the certifying physician.   Submit the white and yellow copies of the Accommodation Request with job description attached to Risk Management.

STEP 2

EMPLOYEE obtains a Physician's Certification
Obtain the required medical disability certification using the Physician's Certificate, ADA Form B.

Retain the pink copy of the Physician's Certification and ask the physician to retain both goldenrod copies of the Accommodation Request form A and Physician's Certificate form B.  Ensure that the white and yellow copies of the Certification are delivered or mailed to Risk Management.

STEP 3

RISK MANAGEMENT requests Supervisor's Input

• Employee Disability Accommodation Response, ADA form C

• a copy of the employee's job description

• the yellow copy of the Accommodation Request form A.

STEP 4

SUPERVISOR fills out and submits ADA form C
Fill out and return the white copy of the Accommodation Response form to Risk Management within one week of receipt.  Retain the yellow copy of the ADA form C and give the pink copy to the employee.

STEP 5

RISK MANAGEMENT schedules ADA Meeting
Notify the supervisor and employee of the meeting date, time, and place, so that they may attend.

Distribute copies of ADA forms A, B, C, and D to the ADA Committee members prior to the meeting.

STEP 6

ADA Committee review Accommodation request
Document the Committee recommendation on the ADA Accommodation Results form D.

STEP 7

ADA Accommodation Committee Chair signs and dates Accommodation results
Ensure that the employee receives the Committee recommendation and final outcome in a timely manner.  The pink copy goes to the employee, the yellow to the supervisor, and the white to Risk Management.

STEP 8

RISK MANAGEMENT processes Employee Appeal(s)
Coordinate ordering of equipment if required.

Process appeals as required.

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