S E C T I O N 6 0 0 : D I S A B I L I T Y
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Subsection .000: Employing People with Disabilities
600.010 Purpose
To ensure that qualified individuals with disabilities are not discriminated against in employment and to accommodate qualified individuals with disabilities.
600.020 Policy
It is the policy of the District to comply with the Americans With Disabilities Act and applicable state and local laws that forbid discrimination in employment against qualified individuals with disabilities. To this end, the District will do the following:
1. Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the pre-employment process and in all terms, conditions, and privileges of employment.
2. Administer medical examination to applicants only after conditional offers of employment have been extended, and to employees only when justified by business necessity.
3. Maintain all medical-related information in a confidential manner in separate, confidential files.
4. Give applicants and employees with disabilities reasonable accommodation, except where making an accommodation would create an undue hardship on the District.
5. Provide notice that the District ensures reasonable accommodation to qualified individuals with disabilities by including a statement to this effect on the District employment application and District policies and procedures manual, and by posting conspicuously throughout the District facilities the Equal Employment Opportunity Commission’s poster regarding nondiscrimination against the disabled and other protected groups.
600.030 Procedure
1. All requests for reasonable accommodation from qualified applicants and employees with disabilities will be referred to the Director.
2. The Director will meet with the applicant or employee requesting the accommodation to discuss and identify the precise limitations resulting from the disability and potential accommodations that could overcome those limitations.
3. Where necessary, the Director will discuss potential accommodations with the individual’s supervisor. Additionally, the Director may contact outside agencies specializing in providing technical assistance for individuals with disabilities or consult with medical experts about potential accommodations.
4. In evaluating potential accommodations, the Director may do the following:
$ Request a written statement from the disabled individual’s physician to verify the disability and legitimate need for an accommodation.
$ Require the individual to be examined by a medical expert selected by the District to help identify effective accommodations; or
$ Require the individual to be evaluated by a psychologist, psychiatrist, rehabilitation counselor, occupational or physical therapist, or any other professional with knowledge of the person’s disability and limitation; and
$ Require access to the individual’s medical records.
5. The Director and a manager who has a need to know (e.g., the individual’s supervisor or prospective supervisor) will determine the feasibility of the requested accommodation. They will consider various factors, including but not limited to the following: (see Exhibit A)
$ The nature and cost of the accommodation needed;
$ The availability of tax credits and deductions;
$ Outside funding;
$ The overall financial resources of the District; and
$ The impact of the accommodation on the operation of the District, including the impact on the ability of other employees to perform their duties and on the District’s ability to conduct business.
6. In determining the feasibility of the requested accommodation, the District will consider the preference of the individual to be accommodated and, if there are two or more effective accommodations, will choose the least expensive or easier accommodation that will provide equal opportunity for the applicant or employee.
7. Once there is a decision about how an accommodation will be made, the Director will inform the applicant or employee of the District’s decision.
8. Although the duty to accommodate is legally triggered by a request from an applicant or employee, situations may arise where an employee who is known to have a disability may be having difficulty performing the essential functions of his or her job.
In these circumstances, the employee’s supervisor should discuss the matter with the Director. If it is determined that the employee should be approached about the possibility of the District’s providing a reasonable accommodation, the Director and supervisor jointly will initiate a discussion with the employee about the need for an accommodation.
9. Eligible employees with disabilities requiring medical leave see Family and Medical Leave, section 400.600.
600.040 Harassment Complaints - Individuals with Disabilities
1. The Director shall develop and administer a procedure for investigating and resolving harassment complaints related to individuals with disabilities.
2. Any employee who believes s/he is, or has been, the subject of harassment has the right and is encouraged to follow the District’s procedure to file a complaint.
3. All complaints will be investigated immediately and will be treated in confidence, if possible.
4. Any supervisor or employee who has been found, after appropriate and thorough investigation, to have harassed another employee, will be subject to appropriate disciplinary action, which may be termination or verbal and/or written warning that continued harassment may result in suspension or termination of employment. This also applies to an employee who has been found, after investigation, to have intentionally fabricated a complaint of harassment against another employee.