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AMERICANS WITH DISABILITY ACT (ADA)
REQUESTING ADA ACCOMMODATIONS
The Americans with Disabilities Act of 1990 seeks to eliminate discrimination against individuals with disabilities in the areas of employment, transportation and public accommodations. ADA prohibits employers from excluding people from jobs, services, activities or benefits based on their disabilities.
The ADA defines disability with respect to an individual as:
- A physical or mental impairment that substantially limits one or more major life activities of such individual;
- A record of such an impairment; or
- Being regarded as having such impairment.
It also defines:
- A qualified individual with a disability as one who possesses the requisite skills, education, experience and training for a position, and who can, with or without reasonable accommodations, perform the essential functions of the position the individual desires or holds.
- A substantial limitation as an impairment that prevents the performance of a major life activity that the average person in the general population can perform; or a significant restriction as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population.
- A reasonable accommodation as a modification or adjustment to the job application process or the work environment that enables a qualified person with a disability to be considered for a position, or enjoy the same benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.
PROCEDURES FOR REQUESTING ADA ACCOMMODATIONSEmployees can initiate the accommodation process by requesting an accommodation for a disability to the Employee Relations Department. If you believe you have a qualifying disability and are seeking accommodations in the workplace to enable you to perform your essential job functions, you should contact the Employee Relations Analyst at (915) 230-2018, to begin the interactive process as required by federal law.
Steps in the Process:
- Employee makes a request for accommodations.
- If the request is submitted to the supervisor or other department, Human Resources will be contacted, specifically the Employee Relations Analyst at (915) 230-2018.
- The employee will meet with the Employee Relations Analyst to discuss the request. Documentation deemed necessary in evaluating the request for accommodations may be requested from the employee. This may require a certification from a qualified health care professional of a disability or impairment on the District’s form. See “Accommodation Request Form” below or on the District’s website.
- Reasonable accommodations should not be provided prior to the receipt of adequate documentation as determined by the District.
- After receiving the documentation from the health care provider, the Employee Relations Analyst will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, the Employee Relations Analyst may request that the employee obtain additional or clarifying information from the heath care provider.
- The Employee Relations Analyst continues the interactive dialogue with the employee to discuss and identify the accommodations that will assist the employee in performing the essential functions of the job.
- The Employee Relations Analyst discusses the requested accommodations with principal and/or supervisor.
- The Employee Relations Analyst determines the feasibility and appropriateness of the requested accommodation(s) after reviewing all the information.
- The Employee Relations Analyst determines the feasibility and appropriateness of the requested accommodation(s) after reviewing all the information.
- The Employee Relations Analyst notifies the employee in writing of the determination as to appropriate accommodation(s) to be implemented as approved by the principal/supervisor, or the explanatory denial of the request or portions of the request.
Please note: Having a medical condition alone is not enough to make an employee eligible for accommodations under the American with Disabilities Act Amendment Act of 2008 (ADAAA).
The District reserves the right to obtain an independent medical opinion concerning the impairment for which an employee seeks an accommodation at District expense.