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 an 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 Accommodations
Employees can initiate the accommodation process by requesting an accommodation for a disability to the Department of Human Resources (Benefits 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 District’s Benefits and Risk Management Coordinator at 915-926-4073, to begin the interactive process.
Steps in the Process:
- Employee submits a request in writing to the Benefits and Risk Management Coordinator at 915-926-4079 (fax).
- See attached Employee Request for Accommodation(s) form.
- The employee will be provided with a medical certification to be completed by a qualified health care professional to identify the employees' disability or impairment. Reasonable accommodations will be provided for a period of 15 days prior to the receipt of adequate documentation as determined by the District.
- After receiving the documentation from the health care provider, the Benefits and Risk Management Coordinator will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, the Coordinator can request that the employee obtain additional or clarifying information from the healthcare provider. Inability to provide medical documentation in a timely manner constitutes the return to regular duties without restrictions.
- The Benefits and Risk Management Coordinator speaks with the employee to identify and discuss future accommodations to perform the essential functions of the job.
- The Benefits and Risk Management Coordinator discusses requested accommodations with the principal and/or supervisor.
- The employee will be notified in writing of its determination as to appropriate accommodation(s) to be implemented or the explanatory denial of the request or portions of the request. The principal/supervisor is also notified in writing.
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.
(Reference Policy DAA and Policy DBB)