S

Disability Law and Reasonable

Accommodation at Shoreline

Information for Supervisors

Presentation Overview

Overview of Reasonable Accommodation The Law and Examples of Accommodation Duties of Supervisors The Principles of Problem Solving Policy and Procedures Questions

Overview of Reasonable Accommodation

Shoreline Community College (SCC) is committed to assuring equal employment opportunity and equal access for persons with disabilities.

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.

Persons with disabilities have the right to request and receive reasonable accommodations in all aspects of employment with Shoreline Community College.

The Law

The Americans with Disabilities Act (ADA)

Federal

Prohibit Discrimination is broader

in scope than sec 503

Section 503 of the Rehabilitation Act of 1973

Federal

Prohibits Discrimination

Chapter 49.60 RCWWashington State

Prohibits discrimination for many reasons

including Disability

What do state and federal disability laws require?

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.

Section 503 of the rehabilitation at of 1973 requires that the college take affirmative steps to hire and retain employees with disabilities.

Chapter 49.60 RCW prohibits many forms of discrimination including disability

Key Terms

Qualified individual with a disability: 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.

Reasonable Accommodation 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.

Interactive Process. The ongoing communication between the requestor (employee)

and supervisor regarding the request for reasonable accommodation.

Key Terms (continued)

Essential Functions. 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.

Marginal Functions. Secondary job duty, task or responsibility which, if eliminated,

would not significantly alter the nature of the job.

Examples of Reasonable Accommodation

(for Employees)

Modify the employee's work schedule in terms of hours, days, shifts, full- or part-time work, or starting and ending times.

Provide a sign language interpreter or a reader when necessary at work for gatherings such as meetings and training sessions.

Make sure that all areas the employee needs to enter to perform the job are accessible.

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.

Provide or modify equipment or devices that are necessary to perform the essential function of the job.

Reassign an employee to an open position for which he or she is qualified.

Examples of Reasonable Accommodation

(for students)

Extended time for quizzes and exams Distraction reduced environment Physical access to all campus facilities, programs and

services. Reader/scribe for quizzes and exams Sign-language interpreting services Note-taking services and Permission to tape record lectures Alternative Format Textbooks

Duty of Supervisors

To direct and inspect the performance of workers or work; to oversee or to superintend.

This consists of the fulfillment of multiple roles and responsibilities including; Charge and direction of a particular work unit or

units. Setting expectations and modeling appropriate

behavior for subordinates. Maintaining accountability for applicable state and

federal laws as well as campus policies and procedures.

Four Major Functions of a Supervisor

Planning Includes identifying unit goals and

objectives, methods, resources and actions plans that support the strategic plan.

Organizing Organizing resources to achieve the goals

of the unit in an optimum fashion.

Four Major Functions of a Supervisor (continued)

Controlling/Coordinating Influencing the organization’s systems, processes

and structures to effectively meet unit goals. Includes: on-going collection of feedback and the

monitoring and adjustment of systems, processes and structures accordingly.

Leading Includes: setting the direction for the unit and

influencing people to follow in that direction

Problem Solving

Define the Problem Look for potential causes for the problem Identify alternatives for approaches to resolve the

problem Plan the implementation of the best alternative. Monitor the implementation of the plan

To a man with a hammer – everything looks like a nail

Mark Twain

Problem solving (continued)

Define the problem What can you see that causes you to think there is a

problem? Where is it happening? How is it happening? When is it happening?

Look for potential causes It is amazing how much you don’t know about what you

don’t know

Problem solving (continued)

Identify alternatives for approaches to resolve the problem Brainstorm for solutions to the problem Collect ideas and then screen them – don’t pass

judgment when ideas are being generated. Plan the implementation of the best alternative.

This is your action plan Monitor implementation of the plan

Policy and Procedures

POLICY 4114 governs reasonable accommodation to employees.

The college has four major obligations under that policy: Comply with all state and federal disability laws Notify individuals of the colleges non-discrimination

policy and the steps they may take if they believe discrimination is occurring

Work with the individual on a case by case basis to select and provide appropriate reasonable accommodation

Secure documentation that supports the requested documentation

Questions?