Reasonable Accommodation Appeals

  • red person in a wheelchair surrounded by blue people Federal and state laws and District policy provide that no individual shall be denied the right and opportunity to seek, obtain and hold employment, or be subjected to discrimination by reason of a disability. This is in accordance with Section 504 of the rehabilitation Act of 1973, Americans with Disabilities Act (ADA) of 1990, Fair Employment and Housing Act (FEHA), and applicable state laws.
     
    An employee may have separate rights to protected leave under the Family and Medical Leave Act, California Family Rights Act, and/or bargaining unit agreements.
     
    The reasonable accommodation process requires the cooperation of all involved to ensure that individuals with disabilities are given the accommodations necessary to perform the essential functions of their job and receive the benefits and privileges of employment. State and federal statutes mandate that the employer engage the employee/applicant in an interactive process to determine effective reasonable accommodation any time the employee/applicant requests a reasonable accommodation, or if the disability is known and the employer becomes aware of a potential need for accommodation. 
     
    In a situation where the administrator at the work site is unable to accommodate an employee with a disability so that they may perform their essential job functions, or if that employee disagrees with the accommodations provided, the employee may submit a formal request to meet with the District Reasonable Accommodation Committee by contacting the Integrated Disability Management/Reasonable Accommodation department. After meeting with the District Reasonable Accommodation Committee, if the employee disagrees with the decision, they may complete and submit Attachment C Appeal of Reasonable Accommodation Committee Decision Form to the Educational Equity Compliance Office to request reconsideration by the District Reasonable Accommodation Appeal Committee. For more information, refer to BUL-4569 Reasonable Accommodation for Individuals with Disabilities.
     
    For additional information, please refer to the information below.