Section 504/ADA Compliance: Employees - October 2011 Revision

Section 504 of the Rehabilitation Act/Americans with Disabilities Act Compliance for Employees - October 2011 Revision.

For purposes of this procedural directive, “supervisor” means the person having responsibility for daily supervision and/or for evaluating the job performance of an employee of the district.

For purposes of this procedural directive, “American with Disabilities Act coordinator” is the director of the Office of Equal Opportunity Services.

Employment Practices

Notice of the Board of Education’s policy on non-discrimination in employment practices shall be posted through annual newspaper notices, posted on the Albuquerque Public Schools website, posted throughout the district, and published in any district statement regarding the availability of employment positions.

Information regarding the district’s policy on non-discrimination in employment practices shall be provided to potential employees in recruitment and interview settings.

In the planning of training sessions for employees, availability of training sessions (including physical access to the training site) shall not be limited so as to discriminate against employees with disabilities.

In determining hiring, transfer or promotion of employees, placement shall 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.

Each job description shall be written to:

• Identify any environmental factors that may create a barrier for a person with a disability;
• Ensure that all essential physical, mental and intellectual qualifications have been defined and justified;
• Identify the types of abilities which would qualify a person to fulfill the essential functions of a job.

Albuquerque Public Schools shall make reasonable accommodations, which would not impose undue hardship, for employees that includes, but is not limited to:

• making facilities used by employees readily accessible to and usable by persons with disabilities;
• job restructuring and part-time or modified work schedules;
• acquisition or modification of equipment or devices; and
• the provision of readers or interpreters and other similar actions.

The district shall 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

An employee who believes he/she requires a reasonable accommodation to meet the essential functions of the job may request a reasonable accommodation.

The employee shall submit a written request for reasonable accommodation accompanied by documentation of the condition for which the reasonable accommodation is being requested, which may qualify as a disability.  The type of documentation required shall depend on the disability and can be, among others, medical, psychological or diagnostic.

When the written request for reasonable accommodation is complete and submitted to the site supervisor, that supervisor shall contact the district Americans with Disabilities Act coordinator, who is housed in the Office of Equal Opportunity Services.  The coordinator shall explore options and determine appropriate action.

• At no time prior to this contact shall the supervisor agree to a specific accommodation or make a financial commitment to the employee.
• Options may include, but are not limited to, the development of an employee reasonable accommodation plan, physical access request, further medical clarification, job restructuring and/or transfer.
• When the necessary accommodation is complicated or requires district funding, Finance, Facilities Construction and Design or any other appropriate department may be contacted for assistance.  Any consideration of job restructuring or transfer shall be done in consultation with the Human Resources Department.

All accommodations agreed upon and initiated shall be documented by the employee’s supervisor and the Americans with Disabilities Act coordinator using the Employee Accommodation form.  A copy of this form shall be sent to the Americans with Disabilities Act Coordinator, who shall maintain confidential records on disability accommodations separate from the Human Resources Department personnel files.  No disability records shall be kept in the Human Resources Department personnel files.

Albuquerque Public Schools shall consider all requests for accommodation individually to determine if the request is reasonable and necessary to meet the essential functions of a job.

All accommodation requests require there be an interactive process between the supervisor, employee and the district’s Americans with Disabilities Act coordinator or his/her designee in order to determine if an accommodation can be made.

Administrative Position: Assistant Superintendent of Human Resources

Department Director: Equal Opportunity Services

References

Board Policy Cross Ref.:

• A.03 Nondiscrimination
• GB Equal Employment with Albuquerque Public Schools

Procedural Directive Cross Ref.:

• Section 504/Americans with Disabilities Act: Physical Access for Students, Parents and Employees with Disabilities
• Section 504/Americans with Disabilities Act Compliance: Students
• Disability Harassment: Students
• Discrimination and Harassment: Students
• Discrimination and Harassment: Employees

Forms Cross Ref.:

• Employee Accommodation Form (contact the Equal Opportunity Services Office)

NSBA/NEPN Classification: GBA

Revised: May 1995
Revised: February 1996
Revised: April 1996
Revised: May 1997
Revised: May, 2000
Revised: January 2005
Reviewed: August 19, 2011
Revised: October 21, 2011

This page was last updated on: December 9, 2009.