image
image image

6.01.001.009 Disability Accommodation in Employment and for Employees

Category: HUMAN RESOURCES
Section: EMPLOYMENT
Policy: Hiring and Equal Employment Opportunity
Approved: 1/7/2016
Approved By: President's Staff

Purpose:

CCBC is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non-discriminatory basis.  Through these commitments, CCBC is dedicated to policies and procedures that embrace every employee having equal access to all programs, hiring, benefits, and privileges related to employment without regard to personal characteristics not related to ability, performance, or qualifications as determined by CCBC policy or by state or federal authorities.  

Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression and seniority lists. Leave of all types will be available to all employees on an equal basis.

CCBC is also committed to providing equal opportunity for qualified employees or applicants who may be related to or associated with a person with a disability. CCBC will follow any applicable state or local law that provides individuals with disabilities greater protection than the ADA.

This policy is neither exhaustive nor exclusive. CCBC is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws.

Definitions:

Section 504

Section 504 of the Rehabilitation Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability.  Qualified individuals with disabilities are persons who meet normal and essential eligibility requirements and, with reasonable accommodation, can perform the essential functions of a job or program of study. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services.  It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, State and local government services, public accommodations, commercial facilities, and transportation. The current text of the ADA includes changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009.

Reasonable Accommodation:

A reasonable accommodation is available to all disabled employees, where their disability affects the performance of job functions. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual.

Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Upon request, job applications are available in alternative, accessible formats, as is assistance in completing the application. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position.

Any employees who are not sure whether or not a reasonable accommodation would enhance their ability to perform essential duties and responsibilities of their position should contact the Office of Human Resources to confidentially discuss any questions or concerns and/or to obtain a reasonable accommodation request form.

Medical documentation may be needed in the determination of a reasonable accommodation request.  The primary purposes of this documentation, if requested, are to aid in the determination of whether an actual disability exists under the Americans with Disabilities Act (ADA), as amended and to aid in the development of an appropriate reasonable accommodation.

While the medical professional’s documentation submitted by an employee is a primary source used in the analysis of reasonable accommodation requests, additional medical inquiries related to an employee’s disability and ability to perform essential duties and responsibilities may be necessary to complete the analysis.  These inquiries may include data gathering through consultations with knowledgeable professional sources such as doctors, occupational and physical therapists, rehabilitation specialists, and organizations with expertise in adaptations for specific disabilities. 

All medical information should be provided to the Office of Human Resources.  All medical information submitted will be kept separate from an employee’s personnel file and is confidential.  Supervisors and managers will only be advised of necessary information required to make the determinations they are reuqi4red to make in connection with a request for reasonable accommodation.  In the event of a medical emergency, safety personnel, when appropriate, will be advised of necessary information to provide emergency medical treatment or an emergency evacuation.  Government officials investigating or auditing CCBC ADA files may also be provided relevant data, as appropriate and required by law.

Medical Examinations:

Post-offer medical examinations (physician as designated by CCBC) are required only for those positions in which there is a bona fide job-related physical requirement. They are required of all persons only after conditional job offers have been extended in the identified job categories. Medical records will be kept separate and confidential.  All questions in regards to this policy, questions about disabilities, and how to file for a reasonable accommodation should be directed to:

Grievance  Process:

CCBC does not discriminate on the basis of disability status in admissions, employment, or access to programs and activities. For employees, the VP Human Resources, located in the Administrative Services Center (724-480-3379), and for students, the Dean of Student Services, located in the Library Resource Center, (724-480-3423), have been designated to coordinate compliance with the nondiscrimination requirements contained in Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Amendment Act of 2008, and applicable regulations.  

Any individual, who believes that reasonable accommodations have not been met, or that he/she has been discriminated against on the basis of disability status, may file a complaint as follows:

1.  The complaint must be in writing to the VP Human Resources or Dean of Student Services, as appropriate, and include the name, address, and CCBC ID number of the person filing it.

2.  The complaint should briefly describe the alleged incident. 

3.  The complaint should be filed within five working days of the alleged incident.

4.  An investigation will be conducted by the VP Human Resources and/or Dean of Student Services, as appropriate.

5.  Following the investigation, a written determination as to the validity of the complaint and description of the next steps, if any, will be issued to the complainant and respondent within five working days.

Appeal Process: 

1.  Any respondent or complainant shall have the right to appeal the result of a discrimination investigation or formal hearing. Appeals must be made, in writing, to the Vice President of Human Resources (the Affirmative Action Officer and Title IX Coordinator for the College) Administrative Services Center, room 5106, ext. 3379 or the Dean of Student Services within five calendar days after notification of decision for the hearing.

2.  The Appeals Board will be appointed by the College President and consist of two students, two members of the faculty, and one administrator.  In the case of employees, the panel will consist of two administrators, two staff, and one faculty member.

3.  An appeal shall be limited to a review of the verbatim record of the initial hearing and supporting documents for one or more of the following criteria, except as required to explain the basis of new evidence:

a.  New evidence comes to light which was not addressed at the hearing;

b.  Due process was not provided in accordance with College guidelines;

c.  Proof of false testimony at the hearing exists;

d.  An unreasonable or arbitrary sanction was given; or

e.  Other substantial irregularities occurred which played a role in the outcome of the hearing.

4.  Of primary importance to the Appeals Board is the written statement.  The written statement should be as complete as possible in setting forth the basis for appeal as listed above. Clear and convincing reasons are necessary for a successful appeal.

5.  The Appeals Committee shall make its recommendation to the College President within 10 calendar days after an appeal has been referred to it.

All questions in regards to this policy, questions about disabilities, and how to file for a reasonable accommodation should be directed to:

Section 504 Coordinator
1 Campus Drive
Learning Resources Center
Monaca, PA 15061
Phone:  724-480-3423 (students)
              724-480-3379 (employees)