SECTION 504 OF THE REHABILITATION ACT/AMERICANS WITH
DISABILITIES ACT COMPLIANCE: EMPLOYEES
Employment Practices
A.
Notice of the
Board’s policy on non-discrimination in employment practices will be posted
through annual newspaper notices, written in the Board Policy Handbook, posted
throughout the district, and published in any district statement regarding the
availability of employment positions.
B.
Information
regarding the District’s policy on non-discrimination in employment practices
will be provided to potential employees in recruitment and interview settings.
C.
In the planning
of training sessions for employees, availability of training sessions
(including physical access to the training site) will not be limited so as to
discriminate against employees with disabilities.
D.
In determining
hiring, transfer or promotion of employees, placement will not be determined or
influenced by any employee’s disabling condition. It is the prerogative of the employer,
however, to determine office, classroom, or other area of work based on already
accessible work areas.
E.
Each job
description is written to:
1.
Identify any
environmental factors that could create a barrier for a person with a
disability;
2.
Ensure that all
essential physical, mental and intellectual qualifications have been defined
and justified;
3.
Identify the
types of abilities which would qualify a person to fulfill the essential
functions of a job.
F.
“Reasonable
accommodation” may include for employees, where such would not impose “undue
hardship”.
1.
making facilities
used by employees readily accessible to and usable by persons with
disabilities;
2.
job restructuring
and part-time or modified work schedules;
3.
acquisition or
modification of equipment or devices;
4.
the provision of readers or interpreters and other
similar actions.
(This
is not an all-inclusive list of possible accommodations.)
G.
The District will
not use employment tests or other selection criteria that tend to screen out
persons with disabilities unless those criteria are demonstrably job related.
Reasonable Accommodation
Requests/Procedures
A.
An employee who
believes he/she requires an accommodation to meet the essential functions of
the job may request an accommodation.
B.
The employee must
initiate a written request for reasonable accommodation accompanied by documentation
of the condition, which may qualify as a disability. The type of documentation required will
depend on the disability and can be, among others, medical psychological or
diagnostic.
B. When “B”
above is complete and submitted to the site supervisor, that supervisor
contacts the District Section 504/ADA Coordinator. The District 504/ADA Coordinator is the
Director of the Office of Equal Opportunity Services. Options will be explored and a determination
made of what occurs next.
1.
At no time prior
to this contact should the administrator agree to a specific accommodation or
make a financial commitment to the employee.
Many accommodations can be accomplished on site with no need for
modification and at no cost.
2.
Options may
include, but are not limited to, the development of an employee accommodation
plan, physical access request, further medical clarification, job restructuring
and/or transfer.
3.
When the
necessary accommodation is complicated or requires District funding, the
District 504/ADA Committee may need to be involved for physical access issues
and before financial commitments are made.
Any consideration of job restructuring or transfer must include the
involvement of the Human Resources Department.
When necessary, the 504/ADA Physical Access Committee will assist the
administration in determining the most cost effective accommodation that meet
the need, considering also the employee’s suggestions on his/her Accommodation
Request.
C.
All
accommodations agreed upon and initiated are to be documented by the employee’s
supervisor and the 504/ADA Coordinator using the Employee Accommodation form.
A copy of this is sent to the 504/ADA Coordinator, who keeps
confidential records on disability accommodations separate from the Human
Resources Department personnel files. No
disability records will be kept in the Human Resources Department personnel
files.
D.
APS considers all
requests for accommodation to determine if the request is reasonable and
necessary to meet the essential functions of a job.
E.
All accommodation
requests require there be an interactive process between the Supervisor,
Employee and the District’s Section 504/ADA Coordinator or his/her
representative in order to determine if an accommodation can be made.
Dispute Resolution Procedures
APS provides a dispute
resolution process for Section 504/ADA complaints. The procedure provides for the prompt and
equitable resolution of the dispute. The
procedure follows these steps:
A.
The complainant
will file a written complaint, stating the specific facts of his/her dispute,
the alleged discriminatory act, and the remedy requested with the Section
504/ADA Coordinator.
B.
The Section
504/ADA Coordinator will make all reasonable efforts to resolve the matter
informally at the administrative level most immediate to the complaint.
C.
In the event the
complaint cannot be resolved informally, the District will convene an informal
hearing no later than ten (10) working days after the filing of the
complaint. At the hearing, both the
complainant and the administrator responsible for the disputed action may
present testimony and documents relevant to the complaint. Witnesses may be called and
cross-examined. Within ten (10) working
days of the hearing, the hearing officer will provide a written copy of his/her
determination to both parties. The
complainant may appeal the outcome of the hearing to the Superintendent within
ten (10) working days of the receipt of the determination. The appeal must be in writing. It must be submitted with copies of the
original complaint, the minutes of the hearing and the written
determination. The Superintendent may,
at his/her discretion, convene within ten (10) working days a second hearing at
which the parties may present additional testimony and argument.
D.
Within ten (10)
working days of a second hearing or initial hearing, the Superintendent
provides both parties with a written decision.
E.
Timelines set
forth herein may be waived upon mutual consent or showing of good cause.
F.
The complainant
will be notified of his/her rights of appeal at each step of the process.
Cross Reference:
Board Policy A.03, G.01
Cross Reference:
Procedural Directives: Section
504/ADA: Physical Access for Students,
Parents and Employees with Disabilities
Section 504/ADA Compliance: Students
Disability Harassment: Students
Discrimination and Harassment: Students
Discrimination and Harassment: Employees
NSBA/NEPN Classification: GBA
Revised: May
1995
Revised:
February 1996
Revised: April
1996
Revised: May
1997
Revised: May,
2000
Revised: January
2005