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Pima County Community College District Standard Practice Guide
SPG Title: ADA & Equal Opportunity, Reasonable Accommodation Guideline for Employees/Applicants
SPG Number: SPG-1501/AC
Effective Date: 8/18/97
Approval Date: 6/17/97
Review Date(s): 7/20/99
Revision Date(s): 7/20/99
Sponsoring Unit/Department: EEO-Affirmative Action Office
Regulation Title & No.: Standards for ADA/504 Compliance, RG-1501/A
Board Policy Title & No.: Affirmative Action/Equal Employment Opportunity, BP-1501
Legal Reference: Americans with Disabilities Act of 1990; Title VII of the Civil Rights Act of 1964; Rehabilitation Act of 1973, as amended (Section 504)
Cross Reference: Resolution Directing Americans with Disabilities Act Compliance; Competitive Employment, BP-4201 and RG-4201/A
GENERAL SCOPE This guideline sets forth the process by which all employee and applicant requests for accommodation because of disability will be processed by the College. This process complies with Title I and II of the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act of 1973. The intent of this guideline is to ensure that every employee/applicant who makes a request for an accommodation under the ADA shall be promptly and properly advised of the request and accommodation process. All employee and applicant requests for accommodation because of disability will be processed under this guideline. The College is committed to providing accommodations for qualified individuals with disabilities in integrated settings, and in the most effective and timely manner possible. The employee/applicant has the obligation to request an accommodation and submit appropriate documentation to support the request within the timelines specified. The College has the responsibility to provide a reasonable accommodation for those employees/applicants determined to be protected under the ADA unless the accommodation is deemed to pose an undue hardship to the College. All personal, psychological, rehabilitation and medical information obtained as a result of this process shall be treated as confidential. Disclosure of information will be made only on a 'need to know' basis. All records related to the ADA accommodation request will be maintained in separate, locked files, and access will be strictly limited to the ADA/504 Officer, ADA and 504 Coordinators, DSR Specialists, and EEO/AA office staff. The Chancellor, Senior Vice Chancellor and Campus Presidents may have a need-to-know when a final dispute determination requires their signature. DEFINITIONS An individual with a disability is any person who: (1) has a physical or mental impairment which substantially limits one or more major life activities (e.g., performing manual tasks, walking, seeing, hearing, speaking, breathing, or learning; (2) has a record of such an impairment (e.g., medical history); (3) is regarded as having such an impairment (e.g., generally perceived by College personnel to be limited, impaired and/or disabled); or (4) is a recovering alcoholic or rehabilitating drug addict. Also, any individual who has a relationship with or is a primary caregiver for a person with a disability is protected from discrimination under the ADA. An individual with a disability does not include someone who: (1) has a temporary disabling condition (e.g., broken leg); (2) is a current substance user/abuser; or (3) has a contagious disease and poses a danger to others. A qualified person with a disability is a person with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of an employment position that is currently held or desired. Further, a qualified person with a disability can, with or without reasonable accommodation, perform the essential functions of the position. The term "with or without" reasonable accommodation recognizes that individuals with disabilities are qualified to perform many of the essential functions of a job without need of any accommodation. However, when an individual with a disability who is otherwise qualified cannot perform one or more essential job functions because of his or her disability, the hiring authority/ position supervisor must consider whether there are job modifications or work place adjustments that would enable the person to perform additional essential functions. Undue hardship is defined by the ADA as an action that is “excessively costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the business.” Under the ADA “direct threat” means a significant risk or substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. Reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that enables an individual with a disability to work at their fullest capacity and enjoy an equal opportunity for employment. Reasonable accommodation or "adjustment" is required for qualified persons with known disabilities. A reasonable accommodation is not simply the "easiest" or "most desirable" accommodation, rather it must be an effective accommodation which provides the individual with a disability an equal opportunity to be considered for a job, to perform the essential functions of a job, and/or to enjoy equal benefits and privileges of a job. Examples of reasonable accommodations include but are not limited to: provision or modification of structures, equipment or devices; accommodation for use of needed assistive dogs, equipment or devices; job restructuring; provision of written instructions; flexible work schedule; reassignment to a vacant position; alternative work station or site; or reallocation of non-essential job functions. Reasonable accommodation will be determined on a case by case basis, as outlined in this guideline, and is dependant upon the particular employment situation. Compliance Mechanism The District Central Office (includes DSSC) and each of the five campuses will have designated individuals responsible for the accommodation process for employees/applicants with disabilities. These designated responsibilities are considered part of the individuals’ normal job duties. The mechanism for processing accommodation requests on behalf of the College has been designed to include the following three designated roles and responsibilities: ADA/504 Officer
The ADA/504 Officer is a designee of the EEO/AA Office and is also a member of the ADA Executive Committee. The ADA/504 Officer coordinates the College-wide ADA and 504 compliance program and is responsible for monitoring the implementation of related policies and procedures. ADA Human Resources Coordinator
The ADA Human Resources Coordinator is a designee of the Human Resources office and is a member of the ADA Executive Committee. The Human Resources Coordinator ensures that all accommodation requests initiated at the District Central Office are attended to in a prompt and timely manner. ADA Employment and Facilities Coordinators
Each campus will have an ADA Employment and Facilities Coordinator designated from the campus business office. Campus ADA Employment and Facilities Coordinators will have rotating membership on the ADA Executive Committee. The ADA Employment and Facilities Coordinators ensure that all accommodation requests initiated at the campus level are processed in a prompt and timely manner. SECTION 1—CURRENT EMPLOYEES 1.1 Requesting an Accommodation 1.1.1 The employee will notify their supervisor of any modification or accommodation needed to perform their job because of limitations caused by a disability. This notice may be made orally or in writing. 1.1.2 Once a supervisor has been notified of a need by the employee, the supervisor will immediately assist the employee in completing a Request for Accommodation form. Forms are available at each of the campus business offices through the ADA Employment and Facilities Coordinators, at the District Central Office through the ADA Human Resources Coordinator, and through the district Affirmative Action office. 1.1.3 On a case-by-case basis, pending confirmation of the disability and identification of possible reasonable accommodations, the employee may receive an interim accommodation for 10 working days authorized by the appropriate ADA Coordinator. Any costs associated with this interim accommodation will be provided through the ADA/504 employee accommodation budget. 1.1.4 Special Circumstances. There may be special circumstances when an accommodation may be needed to assist employees in the performance of their duties. For example, (1) a hearing-impaired employee may need a sign-language interpreter to interview a vendor, (2) an employee needs to submit a proposal to a consultant in braille. These accommodation services may be provided through the ADA/504 employee accommodation budget and administered by the ADA/504 Officer. 1.2 Medical Documentation 1.2.1 Medical Statement
A medical, psychological or rehabilitation statement establishing proof of disability will be required by the College for review and evaluation. The medical, psychological or rehabilitation statement must include current information on the diagnosis and/or classification of the disability, prognosis related to the essential functions or duties of the employee's job, anticipated duration of the disability, recommended accommodation(s), and the anticipated duration for the needed accommodation(s). The ADA Coordinator will request the statement as well as forward a current job specification and a release of information form signed by the employee, to the employee’s physician, vocational rehabilitation representative, and/or any other entity that might provide the appropriate documentation to determine the employee’s level of disability. To ensure confidentiality, all medical and/or psychological documentation provided to the College on behalf of an employee, should be addressed directly to the requesting ADA Coordinator or Officer and identified as "Confidential" by the sender. 1.2.2 Medical Release Form
In the event the College needs additional medical information to determine an individual's eligibility for ADA accommodations or to determine appropriate accommodation(s), a signed medical release form is included as part of the request process. If no additional information related to the request is needed, the release form will not be utilized by College personnel for any other purposes. 1.2.3 Further Testing/Evaluation
Depending on the nature of the disability, an employee may be required to undergo further testing and/or evaluation by medical personnel retained by the College to verify the disability, the need for accommodation, and to provide a basis upon which a reasonable accommodation can be established. The cost of such evaluation and testing will be paid by the College. If any employee fails to comply with any of the steps required in this section, they will be considered "not otherwise qualified". 1.3 Evaluating Proof of Disability 1.3.1 Each ADA Coordinator, in consultation with appropriate College personnel, is responsible for the evaluation of medical documentation and current job specifications to determine whether an employee qualifies for an accommodation under the ADA. When deemed necessary, medical or other knowledgeable professional resources retained by the College may also be consulted to assist in this determination. 1.3.2 Current Job Analysis
The ADA Human Resources Coordinator immediately requests the Human Resources Department to conduct an analysis of the job held by the employee if a current job specification that includes essential duties as well as physical and mental requirements is not available. The job specification will be supplied by the Human Resources Department to the ADA Human Resources Coordinator in a prompt and timely fashion. 1.3.3 Notification
The ADA Coordinator will immediately provide written notice to the employee and the position supervisor as to whether the request for accommodation is approved or denied. Prior to providing written notice of denial, the notice will be counter signed by the appropriate area administrator, e.g. dean, or AVC. A copy of the notification will also be forwarded to the ADA/504 Officer on the same day. 1.3.4 Undue Hardship and Direct Threat
Before an individual is notified at any step in this process that their request is denied based on "undue hardship" or "direct threat", review and approval by the Chancellor or his designee, is required. 1.3.5 Eligibility Dispute
When the determination is made, through the application of this process, that the employee is not a "qualified individual" under the ADA, the internal College process for the provision of an accommodation is concluded. The requesting employee has the right to file a formal complaint of discrimination on the basis of disability outside the College with the Equal Employment Opportunity Commission (EEOC) through the Arizona Attorney General's office. 1.4 Determining Reasonable Accommodation The following interactive exchange occurs once a request for accommodation is approved by the ADA Coordinator. 1.4.1 As soon as possible, the ADA Coordinator will convene a meeting with the employee and the employee's supervisor to discuss potential accommodations, the effectiveness of each, and the safety of each. The preferences of the employee will be considered in these discussions. 1.4.2 Information resulting from the meeting will be reviewed in a prompt and timely fashion by the ADA Coordinator, the ADA/504 Officer, and the area administrator for final selection of the accommodation most reasonable for both the individual and the College. 1.4.3 Notification
The ADA Coordinator provides written notice of the accommodation(s) that will be provided by the College to both the employee and to the position supervisor. This notice will be counter signed by the appropriate area administrator, and a copy forwarded to the ADA/504 Officer in the EEO/AA office on the same day. 1.4.4 Implementation
Implementation of or arrangement for the accommodation(s) will begin immediately and its initiation is the responsibility of the employee's supervisor. Verification will be forwarded to the ADA/504 officer when an accommodation is completed. Any expense incurred in the process of implementing the accommodation will be approved and processed by the ADA/504 Officer. (A transfer of charges will be made to the EEO/AA office.) An employee service plan is developed by the appropriate ADA Coordinator and the employee’s supervisor to document disability, accommodations and/or adjustments, and level of functioning in the position. 1.4.5 Work Unit Training
Employees retain the right to keep their disability confidential. The employee's supervisor is responsible for coordinating appropriate work unit training with an ADA Coordinator if the scheduled training is approved by the employee. The training sensitizes current work unit employees to the individual's specific accommodation as well as to the broad range of individual disabilities. Work unit training will be completed within 30 days of the approval for accommodation, and the employee's approval for a work unit training session. Upon completion of training, the ADA Coordinator will forward a sign-up sheet listing all attendees, date of training, and duration of training to the ADA/504 Officer. 1.4.6 Monitoring
The ADA/504 Officer monitors all documentation and action taken on behalf of the College in response to a request for accommodation. Employee service plans will be reviewed and updated at least once annually by the employee’s supervisor and appropriate ADA Coordinator to determine if there have been any changes in the performance or functioning of the employee and his/her ability to perform the essential duties as assigned in the job specification. 1.4.7 Employee Dispute
If there is a dispute regarding the reasonableness or effectiveness of the accommodation, or the timeliness in which an accommodation is implemented, the employee will present the issue, in a timely manner, to the appropriate ADA Coordinator. The ADA Coordinator and the Campus President or the Senior Vice Chancellor, as appropriate, will provide written notification of final resolution to the employee. A copy will be forwarded to the ADA/504 Officer on the same day the notice is provided to the employee. Disputes arising from the implementation of this internal standard practice guide will be presented to the College ADA/504 Officer by the employee. The ADA/504 Officer will present all disputes to the Senior Vice Chancellor. The Senior Vice Chancellor will notify, in writing, the employee as to the outcome of the dispute. This resolution constitutes a final decision on behalf of the College. 1.4.8 Supervisor’s Dispute
A supervisor may file a dispute on the implementation of an accommodation due to “direct threat” with the appropriate ADA Coordinator. The ADA Coordinator will then confer with the ADA/504 Officer for interim action. The ADA/504 Officer will review and present the issue to the Chancellor, or his designee, for final resolution. The supervisor and the ADA Coordinator will be notified by the Chancellor, in writing, of the decision. This resolution constitutes a final decision on behalf of the College. 1.4.9 A supervisor may file a dispute on the implementation of an accommodation due to “undue hardship” with the appropriate ADA Coordinator. The ADA Coordinator will present the dispute to the ADA/504 Officer for guidance and review. The ADA/504 Officer will present the issue to the Chancellor, or his designee, for final resolution. The Chancellor will notify the supervisor and the ADA Coordinator, in writing, of the decision. This resolution constitutes a final decision on behalf of the College. 1.4.10 A supervisor may dispute the implementation of an accommodation if it appears no longer necessary or effective due to an employee’s changing condition. The dispute will be filed with the appropriate ADA Coordinator. The ADA Coordinator and ADA/504 Officer will make a final determination in the matter. The supervisor will be notified in writing of the decision. 1.4.11 A supervisor will be required to provide the accommodation until a final decision is reached in the dispute process. 1.4.12 The complaint procedure for issues of discrimination or harassment due to disability or as a result of an implementation of an accommodation is outlined in the Standard Practice Guide for ADA & Equal Opportunity/Discrimination Complaint Procedure, SPG-1501/AA. 1.5 Additional Considerations 1.5.1 An employee provided with a reasonable accommodation will be held to the same job performance standards and requirements as other employees without disabilities. Employee responsibilities include the duties to show up on time, do a competent job, get along with others, and follow supervisor’s orders. 1.5.2 If an employee requests, then rejects a reasonable accommodation offered by the College, the employee will no longer be considered a qualified individual with a disability. However, the employee will be expected to satisfactorily perform the essential functions of the job without the accommodation. This completes the process for this particular accommodation request. SECTION 2—JOB APPLICANTS 2.1 Requesting an Accommodation An applicant may request an accommodation at any stage of the application process. It is the applicant's responsibility to initiate the request in a timely manner. The request may be oral or written. 2.1.1 An accommodation request begins by submitting a written or oral request to the ADA Human Resources Coordinator at least five (5) days in advance of the needed accommodation or alternate format materials. 2.1.2 The ADA Human Resources Coordinator may require the applicant to provide documentation supporting the need for an accommodation, depending on the nature and/or obviousness of the disability. When an applicant with a known or obvious disability requests an accommodation, the ADA Human Resources Coordinator will promptly determine an appropriate and effective accommodation. 2.1.3 The ADA Human Resources Coordinator or Coordinator's designee is responsible for making arrangements to provide a reasonable accommodation for a qualified individual during the application and hiring process. 2.1.4 A copy of all documents relating to an applicant request for accommodation will immediately be forwarded, by fax, to the ADA/504 Officer during the same work day. 2.2 Employment Practices and the ADA 2.2.1 Human Resources Coordinator
The ADA Human Resources Coordinator will identify and update any job specifications, which do not include the essential job functions and the physical and mental requirements of the position. The ADA Human Resources Coordinator will also ensure that the appropriate statement regarding accommodations is included on each job announcement. The ADA Human Resources Coordinator will review evaluation criteria, supplemental questionnaires, interview questions, and performance tests to ensure that they are related to essential job functions and do not screen out qualified individuals with disabilities. The ADA Human Resources Coordinator will also ensure that alternative formats for testing are available when needed. Further, the ADA Human Resources Coordinator will ensure that attendance and leave policies, workers compensation policies, compensation policies, and training opportunities do not adversely affect disabled and/or accommodated employees, and are applied in a fair and consistent manner for all employees. A separate Standard Practice Guide outlines, in detail, the evaluation processes and reporting responsibilities of the ADA Human Resources Coordinator. 2.2.2 Accessibility and Communication
The College will ensure that the Human Resources office and other offices responsible for personnel-related matters are accessible to individuals with disabilities. The ADA/504 Officer, in conjunction with appropriate College personnel, will review and ensure that all College communications related to personnel matters are available in alternative formats and that any identified barriers to communication are corrected. Uncorrected or unresolved issues of accessibility and communications will be presented by the ADA/504 Officer to the ADA Executive Committee for further action. 2.3 Additional Considerations and Guidance 2.3.1 Undisclosed Disability
The College reserves the right to select the most qualified individual for an announced position. The College will not discriminate against a disabled individual in the selection process. If an individual is hired, and has an undisclosed disability at the time of hiring, the College is under no obligation to provide an accommodation until a formal accommodation request is made. 2.3.2 Determining Reasonable Accommodation(s)
When a job accommodation or adjustment is necessary for a newly hired individual or current employee who is promoted, the same procedure described in 1.4 of this guide will be followed. 2.3.3 Adverse Employment Decisions
All adverse hiring and discharge decisions involving individuals with disabilities require review by the ADA Human Resources Coordinator and the ADA/504 Officer before decisions are final. A joint decision will be provided by the ADA Human Resources Coordinator and the ADA/504 Officer to the requesting supervisor in a prompt and timely manner. 2.3.4 Obtaining Medical Information
The College may acquire medical information to evaluate a job candidate's ability to safely perform the essential functions of a job. The following are requirements for acquisition and use of medical information throughout the application, hiring, reassignment, or promotional employment processes: * The College may not inquire about an individual's medical or psychological background, or require a physical examination prior to making an offer of employment. The College may inquire about an individual's medical or psychological background only if the individual has requested an accommodation in the application process and the request requires verification of a disability. * After a conditional job offer is made, medical questions may be asked and unrestricted physical examinations may be required as long as the requirement for the exam is known to all persons entering the job category, and is required for any individual entering the job category. * A conditional job offer may be withdrawn due to the results of such an examination or inquiry. However, the withdrawal of the job offer will be based only on job-related direct threat, and/or undue hardship reasons for which no reasonable accommodation is available; or, the individual is found to be unable to perform the essential functions of the job with or without a reasonable accommodation. * Once an individual is employed by the College, any further physical examinations or inquiries must be job related and serve a legitimate business purpose. 2.3.5 Training for Human Resources Staff
The ADA Human Resources Coordinator, in conjunction with the EEO/AA office, will ensure that all Human Resources staff receive regular ADA training and professional development activities related to recruitment, testing, pre-employment inquiries, and accommodation issues. 2.3.6 Search and Selection Committees
Each member of an employment search and/or selection committee will be provided with ADA information by the ADA Human Resources Coordinator prior to their participation on a committee. 2.4 Reports Each ADA and 504 Coordinator is responsible for submitting an annual report to the ADA/504 Officer, due August 1 each year. Included in the report is information specific to employee requests for accommodation, college response to requests, cost of accommodations, problem areas identified in the implementation of accommodations, and any corrective actions requested and/or taken. A separate Standard Practice Guide will outline, in detail, evaluation and reporting responsibilities and procedures for ADA and 504 Coordinators. At the beginning of each annual report period, ADA and 504 Coordinators will be provided with a report form distributed by the ADA/504 Officer. 2.5 Central Repository The Affirmative Action office is responsible for maintaining all documentation regarding ADA accommodation requests for applicants, newly hired employees, and current employees. All documentation related to the accommodation, including proof of disability, will be forwarded to the EEO/AA Officer by ADA and 504 Coordinators for retention once an accommodation has been implemented or denied. All documentation related to accommodations under the ADA is considered confidential and shall be kept separate from employee personnel files with access limited to the ADA/504 Officer, ADA Coordinators and EEO/AA staff members. 2.6 Budget and Funding Specifications The ADA/504 Officer will have oversight and monitoring responsibilities for the ADA/504 accommodations, training and publications budget. Budget allocations are provided on an annual basis through the Chancellor's office, and under the supervision of the Senior Vice Chancellor.
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