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San Mateo Un HSD |  AR  4032  Personnel

Reasonable Accommodation   

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Definitions

Disability, with respect to an individual, is defined as any of the following: (Government Code 12926; 29 CFR 1630.2)

1. A physical or mental impairment that limits one or more of the major life activities

2. A record of such an impairment

3. Being regarded as having such an impairment

Limits shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (Government Code 12926)

Essential functions are the fundamental job duties of the position the individual with a disability holds or desires. The term does not include the marginal functions of the position. (29 CFR 1630.2)

Reasonable accommodations that an employer may need to provide in connection with modifications to the work environment or adjustments in how and when a job is performed that enable an individual with a disability to enjoy equal employment opportunities include, but are not limited to: (29 CFR 1630.2)

1. Making existing facilities accessible and usable

2. Restructuring the job duties

3. Offering part-time or modified work schedules

4. Acquiring or modifying equipment or devices

5. Changing tests, training materials or policies

6. Providing qualified readers or interpreters

7. Reassigning the employee to a vacant position

Qualified individual with a disability means an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position and who, with or without reasonable accommodation, can perform the essential functions of such position. (29 CFR 1630.2)

Undue hardship is a determination based on an individualized assessment of current circumstances that shows that a specific reasonable accommodation would cause significant difficulty or expense. A determination of undue hardship should be based on several factors, including: (29 CFR 1630.2)

1. The nature and net cost of the accommodation needed, taking into consideration the availability of tax credits and deductions and/or outside funding

2. The overall financial resources of the facility making the reasonable accommodation, the number of persons employed at this facility, the effect on expenses and resources of the facility, or the impact on the operations of the facility

3. The overall financial resources, size, number of employees, and the number, type and location of facilities of the district

4. The type of operation of the district, including the structure and functions of the workforce, the geographic separateness, and the administrative or fiscal relationship of the facility involved in making the accommodation

5. The impact of the accommodation on the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility's ability to conduct business.

Procedures for Reasonable Accommodation of Qualified Disabled Employees and Job Applicants

Purpose

The purpose of this Administrative Regulation is to establish uniform district procedures for processing requests for reasonable accommodation from qualified disabled employees and job applicants. These procedures are intended to ensure district compliance with the Americans with Disabilities Act of 1990 ("ADA"), Section 504 of the Rehabilitation Act of 1973, California Government Code sections 12926 and 12940 ("FEHA"), and California Code of Regulations sections 7293-7294.

Accommodation Procedure for Job Applicants

1. A job applicant who is an individual with a disability may request a reasonable accommodation in order to participate in the application and selection process for available district positions.

2. The applicant requesting accommodation must first put the request in writing by completing the district's form entitled, "Request for Reasonable Accommodation - Job Applicant." These forms are available from the district Human Resources Department. The form must be returned to the Human Resources Department.

3. An applicant requesting reasonable accommodation must submit with his or her request the district's "Disability Certification Form" which has been completed by an appropriate medical professional. The district reserves the right to require that the applicant's need for accommodation in the application process be verified by a district-approved physician at the district's expense.

4. Upon receiving the required paperwork from the applicant, the Associate Superintendent of Human Resources or designee will make a determination as to whether the applicant is entitled to reasonable accommodation. If the applicant qualifies for reasonable accommodation, the Associate Superintendent of Human Resources, in consultation with other appropriate management personnel, shall consider the applicant's request in the following manner:

a. Analyze the application and selection process;

b. Consider the accommodation requested by applicant and assess its cost and effectiveness; and

c. Identify potential alternate accommodations and assess the cost-effectiveness of each.

The Associate Superintendent of Human Resources or designee may consult with the applicant, state and local rehabilitation agencies, and disability constituent organizations in order to make a determination regarding a reasonable accommodation.

5. The applicant will be notified in writing by the Associate Superintendent of Human Resources, or designee, of the district's final decision regarding his or her request for reasonable accommodation in the application or selection process.

Accommodation Procedure for Employees

1. An employee who is a qualified individual with a disability may request a reasonable accommodation in order to perform the essential job duties of his or her position or in order to enjoy the benefits of employment equivalent to those available to nondisabled employees.

2. The employee must first put the request in writing by completing the district form entitled, "Request for Reasonable Accommodation - Employee." These forms are available from the District Human Resources Department. The form must be returned to the Human Resources Department.

3. An employee requesting reasonable accommodation must submit with his or her request, the district's "Disability Certification Form" which has been completed by an appropriate medical professional. The district reserves the right to require that the employee's need for accommodation be verified by a district-approved occupational physician at the district's expense.

4. Upon receiving the required paperwork' from the employee, the Associate Superintendent of Human Resources or designee will make a determination as to whether the employee is entitled to reasonable accommodation. If the employee qualifies for reasonable accommodation, the Associate Superintendent of Human Resources or designee in consultation with other appropriate management personnel, shall consider the employee's request in the following manner:

a. Analyze the particular job involved and determine its essential functions and/or analyze the benefits of employment allegedly made unavailable because of employee's disability;

b. Arrange a meeting between the employee and the Associate Superintendent of Human Resources or designee to discuss the employee's functional limitations and how those limitations may be overcome with a reasonable accommodation;

c. Consider the employee's requested accommodation and identify other potential accommodations, assessing their cost and effectiveness. Rehabilitation agencies, disability constituent organizations and employee representatives may be consulted for assistance in this process;

d. Arrange a meeting between the employee and appropriate management personnel in an effort to reach consensus on an acceptable accommodation.

e. If consensus is reached, the accommodation will be memorialized in writing and sent to the employee and appropriate management personnel. A copy of the agreed-upon accommodation will be placed with the employee's medical records;

f. If consensus is not reached, the Associate Superintendent of Human Resources will notify the employee in writing of the district's final decision regarding his or her request for reasonable accommodation.

5. Failure of the employee to cooperate with the reasonable accommodation process shall suspend the district's efforts to process the employee's Request for Accommodation.

6. An employee who is dissatisfied with the district's decision may file a Complaint of Unlawful Discrimination with the Associate Superintendent of Human Resources or designee. Copies of the Complaint forms are available at the Human Resources Department.

Legal Reference:

CIVIL CODE

51 Unruh Civil Rights Act

GOVERNMENT CODE

12900-12996 Fair Employment and Housing Act

UNITED STATES CODE, TITLE 29

701-794e Vocational Rehabilitation Act

UNITED STATES CODE, TITLE 42

12101-12213 Americans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 28

35.101-35.190 Americans with Disabilities Act, especially:

35.107 Designation of employee

36.101-36.608 Nondiscrimination on the basis of disability by public facilities

CODE OF FEDERAL REGULATIONS, TITLE 29

1630.2 Direct threat

COURT DECISIONS

Colmenares v. Braemar Country Club, Inc., 2003 Cal.LEXIS 1131

Chevron USA v. Echazabal, (2002) 536 U.S .73, 122 S.Ct. 2045

US Airways, Inc. v. Barnett, (2002) 535 U.S., 122 S.Ct. 1516

Management Resources:

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, October 2002

WEB SITES

EEOC: http://www.eeoc.gov

Department of Fair Employment and Housing: http://www.dfeh.ca.gov

Regulation SAN MATEO UNION HIGH SCHOOL DISTRICT

approved: July 15, 2010 San Mateo, California