Disability Law and Reasonable Accommodation at Shoreline

Report
Disability Law and Reasonable
Accommodation at Shoreline
Information for Supervisors
S
Presentation Overview
S Overview of Reasonable Accommodation
S The Law and Examples of Accommodation
S Duties of Supervisors
S The Principles of Problem Solving
S Policy and Procedures
S Questions
Overview of Reasonable
Accommodation
S Shoreline Community College (SCC) is committed to assuring
equal employment opportunity and equal access for persons with
disabilities.
S It is the policy of SCC to provide reasonable accommodation to
qualified persons with disabilities to enable such person to
perform the essential functions of the position for which s/he is
applying or in which he or she is employed.
S Persons with disabilities have the right to request and receive
reasonable accommodations in all aspects of employment with
Shoreline Community College.
The Law
Federal
Federal
Prohibit
Discrimination
is broader in
scope than sec
503
Prohibits
Discrimination
Washington State
Prohibits discrimination for
many reasons including
Disability
What do state and federal
disability laws require?
S Title I of the ADA protects qualified individuals with
disabilities from employment discrimination on the basis of
disability. Title I is enforced by the U.S. Equal Employment
Opportunity Commission (EEOC). These protections apply to
the entire employment relationship.
S Section 503 of the rehabilitation at of 1973 requires that the
college take affirmative steps to hire and retain employees with
disabilities.
S Chapter 49.60 RCW prohibits many forms of discrimination
including disability
Key Terms
S Qualified individual with a disability:
S An individual with a disability is qualified if (1) s/he satisfies the
requisite skill, experience, education, and other job-related
requirements of the position; and (2) s/he can perform the essential
functions of the position, with or without reasonable accommodation.
S Reasonable Accommodation
S A change in the work environment or in the way things are
customarily done that enables an employee or applicant with a
disability to enjoy equal employment opportunities.
S Interactive Process.
S The ongoing communication between the requestor (employee) and
supervisor regarding the request for reasonable accommodation.
Key Terms (continued)
S Essential Functions.
S Job duties that are so fundamental to the position that the individual
cannot do the job without being able to perform them. A function is
“essential” if, among other things, the position exists specifically to
perform that function; there are a limited number of other employees who
could perform the function if they were assigned to them; or, the function
is specialized and the incumbent is hired based on his/her ability to
perform it.
S Marginal Functions.
S Secondary job duty, task or responsibility which, if eliminated, would not
significantly alter the nature of the job.
Examples of
Reasonable Accommodation
(for Employees)
S
Modify the employee's work schedule in terms of hours, days, shifts, full- or
part-time work, or starting and ending times.
S
Provide a sign language interpreter or a reader when necessary at work for
gatherings such as meetings and training sessions.
S
Make sure that all areas the employee needs to enter to perform the job are
accessible.
S
Alter the format or the time allotted for a required test for a promotion or other
job change unless the test is measuring a skill that is an essential function.
S
Provide or modify equipment or devices that are necessary to perform the
essential function of the job.
S
Reassign an employee to an open position for which he or she is qualified.
Examples of
Reasonable Accommodation
(for students)
S Extended time for quizzes and exams
S Distraction reduced environment
S Physical access to all campus facilities, programs and services.
S Reader/scribe for quizzes and exams
S Sign-language interpreting services
S Note-taking services and Permission to tape record lectures
S Alternative Format Textbooks
Duty of Supervisors
S To direct and inspect the performance of workers or work;
to oversee or to superintend.
S This consists of the fulfillment of multiple roles and
responsibilities including;
S Charge and direction of a particular work unit or units.
S Setting expectations and modeling appropriate behavior for
subordinates.
S Maintaining accountability for applicable state and federal laws
as well as campus policies and procedures.
Four Major Functions of a
Supervisor
S Planning
S Includes identifying unit goals and objectives,
methods, resources and actions plans that support
the strategic plan.
S Organizing
S Organizing resources to achieve the goals of the unit
in an optimum fashion.
Four Major Functions of a
Supervisor (continued)
S Controlling/Coordinating
S Influencing the organization’s systems, processes and
structures to effectively meet unit goals.
S Includes: on-going collection of feedback and the monitoring
and adjustment of systems, processes and structures
accordingly.
S Leading
S Includes: setting the direction for the unit and influencing
people to follow in that direction
Problem Solving
To a man with a hammer – everything looks like a nail
Mark Twain
S Define the Problem
S Look for potential causes for the problem
S Identify alternatives for approaches to resolve the problem
S Plan the implementation of the best alternative.
S Monitor the implementation of the plan
Problem solving (continued)
S Define the problem
S What can you see that causes you to think there is a problem?
S Where is it happening? How is it happening?
S When is it happening?
S Look for potential causes
S It is amazing how much you don’t know about what you don’t
know
Problem solving (continued)
S Identify alternatives for approaches to resolve the problem
S Brainstorm for solutions to the problem
S Collect ideas and then screen them – don’t pass judgment when
ideas are being generated.
S Plan the implementation of the best alternative.
S This is your action plan
S Monitor implementation of the plan
Policy and Procedures
S POLICY 4114 governs reasonable accommodation to
employees.
S The college has four major obligations under that policy:
S Comply with all state and federal disability laws
S Notify individuals of the colleges non-discrimination policy and the
steps they may take if they believe discrimination is occurring
S Work with the individual on a case by case basis to select and
provide appropriate reasonable accommodation
S Secure documentation that supports the requested documentation
Questions?

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