4002 Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) and the ADA Amendment Act (ADAAA), referred to collectively in this policy as the “ADA,” prohibit discrimination in employment against qualified individuals with disabilities. It is the policy of Union Public Schools to provide reasonable accommodation to an employee who qualifies under the ADA as being a person with a disability, where a reasonable accommodation is necessary (and where a reasonable accommodation exists) to assist the employee in performing the essential function(s) of his/her job.
If any employee believes he/she is disabled and that an accommodation may be necessary to assist him/her in performing the essential functions of his/her job, it is the responsibility of the individual employee to identify himself/herself as an individual with a disability and to request an accommodation. It is also the responsibility of the employee to document his/her disability (from an appropriately licensed professional) and to demonstrate how the disability limits his/her ability to perform the essential functions of his/her job. Any medical documentation submitted for this purpose will be kept in a confidential medical file in the benefits office of the Human Resources Department.
EMPLOYEE ACCOMMODATION REQUEST PROCEDURES
To request an accommodation under the ADA, the employee should contact the Executive Director of Human Resources or the Director of Human Resources to set a meeting to discuss his/her request. The employee may also initiate his/her request through the Benefits Supervisor/Manager, who will forward the request to the Executive Director of Human Resources and/or the Director of Human Resources. Prior to the meeting, the employee will be required to provide medical documentation of his/her disability and any functional limitations.
A. Information Requested from the Physician
The job description for the employee and other pertinent information may be sent to the employee’s physician to help determine if the employee can perform the essential functions of his/her job with or without accommodations, and to receive any input the physician may have regarding any reasonable accommodations that might be possible to assist the employee in performing the essential functions of the job.
B. Meeting with the Employee
After reviewing the documentation and the facts of each request, the Executive Director of Human Resources and/or the Director of Human Resources will set a meeting with the employee to engage in an interactive discussion with the employee regarding his/her request for accommodation. The Benefits Supervisor/Manager may also participate in this meeting and may contact the employee to set the meeting.
In certain circumstances where the employee may be incapacitated and unable to report to work, this meeting may be accomplished by telephone, e-mail, correspondence, or other method that accommodates the employee’s special circumstances.
During this meeting (in person or by other communication method), the participants will discuss the factors that may apply to the accommodation request:
1. The essential functions of the position,
2. The employee’s specific physical or mental abilities or limitations as they relate to the essential functions,
3. Whether the employee is disabled within the meaning of the ADA,
4. Whether an accommodation is necessary for the employee to perform the essential functions of the job, and/or,
5. Potential accommodations and whether a reasonable accommodation exists to assist the employee in meeting the essential functions of the job.
C. Additional Information
The Executive Director of Human Resources, the Director of Human Resources, and/or the Benefits Supervisor/ Manager may require the employee to provide additional medical documentation in order further clarify a condition or functional limitation(s) or for the purpose of assisting in identifying reasonable accommodations. The Executive Director of Human Resources, the Director of Human Resources, or the Benefits Supervisor/ Manager may seek advice from third-party experts when necessary.
D. Decision
After obtaining input from the employee and accumulating the information necessary to make a decision, the Executive Director of Human Resources or the Director of Human Resources will determine whether the individual is disabled under the ADA, whether or not a reasonable accommodation is necessary for the employee to perform the essential function(s) of his/her job, and whether a reasonable accommodation exists for a particular circumstance and, if so, what reasonable accommodation the district will provide the employee.
In determining whether an accommodation is reasonable, the Executive Director of Human Resources and/or the Director of Human Resources will consider whether the accommodation would constitute an undue hardship to the district. Also, as part of the overall consideration of the request for accommodation, the Executive Director of Human Resources and/or the Director of Human Resources may consider whether the disability creates a direct threat regarding safety.
The Executive Director of Human Resources, the Director of Human Resources, or the Benefits Supervisor/ Manager will communicate the decision to the employee and will facilitate providing any reasonable accommodation that may have been determined to be necessary.
GRIEVANCE PROCEDURES
Any employee who believes the district has not met its obligations under the ADA may file a grievance pursuant to the procedures set out in Board Policy #4047.
Adopted 1/18/10
Revised 12/8/14
Revised 12/11/17