 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 RCW Washington 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 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?