ADA and Accommodations
Americans with Disabilities Act
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Describes procedures for submitting an Employee Disability Accommodation Request.
CODES, REGULATIONS, AND DISTRICT POLICIES RELATED TO THIS PROCEDURE
Americans with Disabilities Act of 1990 (ADA)
PRIMARY STAKEHOLDER Director, Health & Safety
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 to the 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 Health & Safety. ADA access information is located at ADA Access Board Guidelines.
GUIDELINES AND DEFINITIONS
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 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.
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.
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:
Interim Human Resources Coordinator
8800 Grossmont College Drive
El Cajon, CA 92020-1799
Applicants may also contact the nearest EEOC field office.
Procedure to follow:
Manager or supervisor informs HR within two (2) business days of becoming aware of a possible need for accommodation or disability issue.
HR initiates the interactive process with employee in a timely manner.
HR works with the supervisor to identify essential functions of the employee's job.
HR meets with the supervisor and the employee to brainstorm options.
HR completes the process and initiates annual review if needed.
Process appeals as required.