(cf. 4031 - Complaints Concerning Discrimination in Employment)
Reasonable accommodation may consist of a modification or adjustment to a job, a work environment or customary work practices and may include, but is not limited to:
1. Job restructuring.
2. Part-time or modified work schedules.
3. Reassignment to a vacant position.
4. Acquisition or modification of equipment or devices.
5. Appropriate adjustment or modification of examinations.
6. The provision of qualified readers or interpreters.
7. Use of accrued paid leave or unpaid leave for necessary treatment.
8. Reserved parking space for persons with mobility impairment.
Upon receiving a request to reasonably accommodate the physical or mental disability of a district employee or qualified job applicant, the Coordinator shall:
1. Determine the essential functions of the job.
2. Consult with the employee or applicant to determine his/her precise limitations and how they may be mitigated.
3. With the employee or applicant's help, review the request for accommodation, identify potential means for providing accommodation, and assess their effectiveness; and
4. If possible, develop a plan for the accommodation that would satisfy the employee or applicant's concerns without imposing undue hardship on the district.
The determination of whether an individual poses a significant risk of substantial harm to others shall be made on a case by case basis and shall be based on objective, factual evidence, taking into consideration the duration of the risks, the nature and severity of the potential harm, the likelihood that the potential harm will occur, and the imminence of potential harm. (29 CFR 1630.2)
The Coordinator may confer with the site administrator, the district medical advisor and/or other district staff before making a final decision.
The Coordinator shall notify the employee or applicant of the results of his/her determination.
Appeal Process
If the employee or applicant is not satisfied with the decision of the Coordinator, he/she may appeal in writing to the Superintendent or designee. This appeal shall be made within 10 days of receiving the decision and shall include:
1. A clear concise statement of the reasons for the appeal.
2. A statement of the specific remedy sought.
The Superintendent or designee shall consult with the Coordinator and review the appeal, together with any available supporting documents. The Superintendent or designee shall give the employee or applicant his/her decision within 15 working days of receiving the appeal.
Any further appeal for reasonable accommodation shall be considered a complaint concerning discrimination in employment and may be taken to the Governing Board in accordance with the district's procedure for such complaints.
The employee or applicant also may appeal directly to the Office for Civil Rights at any point.
Legal Reference:
UNITED STATES CODE, TITLE 29
791 et seq. Vocational Rehabilitation Act of 1973, Sections 503 and 504
UNITED STATES CODE, TITLE 42
12101 et seq. Americans With Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 29
1630.2 Direct Threat
Regulation ALHAMBRA UNIFIED SCHOOL DISTRICT
approved: September 9, 1997 Alhambra, California