Americans with Disabilities Act (ADA) Accommodations
Employee Relations facilitates the process for assisting employees with requests for ADA accommodations.
What is the Americans with Disabilities Act (ADA)?
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits and all other employment-related activities.
Who is protected from employment discrimination?
Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities. The ADA was amended by the ADA Amendment Act ("ADAAA," effective January 1, 2009) to provide a non-exhaustive list of major life activities. These include:
- Caring for oneself
- Performing manual tasks
- Seeing
- Hearing
- Eating
- Sleeping
- Walking
- Standing
- Lifting
- Bending
- Speaking
- Breathing
- Learning
- Reading
- Concentrating
- Thinking
- Communicating
- Working
In addition, a list of major bodily functions is included. The list of major bodily functions includes, but is not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
The second part of the definition protects individuals with a record of a disability (i.e. a person who has recovered from cancer).
The third part of the definition protects individuals who are regarded as having a substantially limiting impairment, even though they may not have such an impairment (i.e. a person with a severe facial disfigurement from being denied employment because an employer feared the "negative reactions" of customers).
What is a "qualified individual with a disability?"
A person who meets legitimate skill, experience, education or other requirements of an employment position that s/he holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation.
The ADA Amendments Act ("ADAAA," effective January 1, 2009) states that mitigating measures, including assistive devices, auxiliary aids, accommodations, medical therapies and supplies (other than eyeglasses and contact lenses) have no bearing in determining whether a disability qualifies under the law.
Additionally, the ADAAA clarified coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post traumatic stress disorder.
Transitory disabilities are not covered under the ADA. The ADAAA states that transitory disabilities are defined as those which have an actual or expected duration of 6 months or less (i.e. a broken leg).
Last, the ADAAA clarified there is no duty to accommodate individuals only "regarded as" having a substantially limiting impairment.
What is a "reasonable accommodation?"
Any modification or adjustment to a job or work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.
What is the process for an employee to request an accommodation under the ADA at MCCCD?
The employee notifies either their supervisor or Employee Relations that they require assistance or need an accommodation in order to complete the essential functions of their position. (If the employee notifies their supervisor, the supervisor may then refer the request to Employee Relations for assistance.)
Employee Relations will send the ADA forms to the employee for completion. The forms are a two-part process where the employee fills out one portion and their attending physician fills out the second portion. The employee is given fifteen (15) calendar days to submit the completed forms to the Employee Relations Department.
Employee Relations will review the completed ADA forms and conduct an interactive process with the employee to identify potential accommodations. During this process, feedback from the employee's supervisor regarding the employee's job duties and potential accommodations may be required. Employee Relations may work with college or District Office fiscal office and/or purchasing departments in order to facilitate obtaining equipment or other services as needed. Employee Relations will not disclose the medical condition of the employee in order to protect their privacy.
Employee Relations Department provides reasonable accommodations to qualified applicants and employees with disabilities, unless doing so would result in an undue hardship to the business.
Procedure
The Employee Relations Department will provide reasonable accommodations in response to requests from qualified job applicants. Accommodations may include items such as, job restructuring, breaks, monitor, keyboards, and chairs, additional time for medical treatment, interpreters or readers. The Employee Relations Department reserves the right to request documentation of hidden conditions to verify that the applicant has a disability under the Americans with Disabilities Act.
Employees with disabilities may request reasonable accommodations to assist in performing the essential functions of their jobs. Requests must be submitted in writing to the Employee Relations Department. Requests should include an explanation of how the disability affects job duties and accommodations the employee is seeking. The Employee Relations Department reserves the right to request documentation of hidden conditions to verify that the employee has a disability under the Americans with Disabilities Act and the limitations that disability imposes on the employee's ability to perform essential job functions.
When the Employee Relations Department receives a reasonable accommodation request, it may contact the employee's department head and/ or supervisor as necessary to determine the practicality of the proposed accommodation and whether it would create an undue hardship. The Employee Relations Department will notify the employee of the decision on the request. If the request is denied, the Employee Relations Department will discuss possible alternatives with the employee and make a reasonable effort to assist the employee in finding ways to successfully perform the essential functions of the job. The Employee Relations Department will keep confidential files documenting accommodation requests and their disposition that are separate from other personnel records.
Reasonable Accommodation Process
This chart outlines the steps in the reasonable accommodation process, which, according to the EEOC, includes: determining a job's essential functions; consulting with the employee with a disability to determine his or her abilities and needs; identifying potential accommodations in consultation with the employee; and selecting the best accommodation.
An employee requests a reasonable accommodation through his/her supervisor, ADA Coordinator or Employee Relations Department
The Employee Relations Department examines the employee's job and determines its essential functions.
The Employee Relations Department consults with the employee to find out his or her physical or mental abilities and limitations as they relate to performing the job's essential functions.
The Employee Relations Department determines if the individual has a disability covered by the ADA.
The Employee Relations Department makes an individualized determination, based on objective medical or other evidence, of whether a person with a disability poses a direct threat of harm to himself or herself or others and if so, whether the threat can be removed by reasonable accommodations.
The Employee Relations Department and employee identify potential accommodations. The Employee Relations Department may consult with other experts on accommodating individuals with disabilities.
If more than one accommodation would be effective, the individual's preference is considered, but the Employee Relations Department makes the final choice and may choose an accommodation that is less expensive or easier to provide.
The Employee Relations Department must consider, on case-by-case basis, whether a reasonable accommodation would impose an undue hardship on the business. If a particular accommodation would impose an undue hardship, it does not have to be provided, but the Employee Relations Department must consider whether an alternative accommodation is available that would not impose a hardship.
If a reasonable accommodation that would not cause an undue hardship is available, the Employee Relations Department provides it in a timely manner.
Employee Relations Staff
Judy Castellanos
Assistant Director for Employee Relations
480-731-8480
Handles the following:
District Office
Chrissy Springfield
Coordinator for Employee Relations
480-731-8752
Handles the following colleges:
CGCC, EMCC, GWCC, MCC, PVCC, MSC
Sheri Klein
Coordinator for Employee Relations
480-731-8466
Handles the following colleges:
GCC, PC, RIO, SCC, SMCC
Kathy Mendoza
Sr. Human Resources Analyst
480-731-8468
ADA Coordinators
| CGC | Margie Mesanko | EMCC | Brachelle Broom | GWCC | Janet Langley | GCC | June Fessenden | MCC | Emily Weinacker | PVCC | Laurel Smith | PC | Mary Helen Escalante | Rio | Ginger Martindale | SCC | Carl Couch | SMC | Vanessa Logan | DSSC | Judy Castellanos |
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