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Policy DBBB-Employees With Disabilities

Policy DBBB-Employees With Disabilities (PDF)

Issue Date: November 18, 2009

 This policy is adopted in conformance with the Americans With Disabilities Act, 42 U.S.C.§ 12101 et seq. and  § 504 of the Rehabilitation Act of 1973, together with implementing regulations found at C.F.R. 1630 et seq. and supersedes all other District Policies related to employee disabilities and accommodations.

Definitions

Disabled individual An employee who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual, has a record of impairment, or is regarded as having such impairment. 
Physical Impairment Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic, and lymphatic, skin and/or endocrine systems. 
Mental Impairment Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities, including major depression, bipolar disorder, anxiety disorder, schizophrenia, and personality disorders. 
Substantially Limits (a)       Unable to perform a major life function that the general population can perform; or(b)       Significantly restricted as to condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity.
Major Life Activities Functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, and reaching.
Qualified Individual With A Disability An individual with a disability who, with or without a reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
Essential Job Tasks Those job tasks that are fundamental and not marginal as evidenced by the Board’s judgment, written job descriptions (if any), time spent on the job performing the function, the consequences of not requiring performance of that function, the terms of any applicable collective bargaining agreements, and the work experience of incumbents in the same or similar positions.
Accommodation A change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities, including: (1) accommodations required to ensure equal opportunities in the application process; (2) accommodations that enable employees with disabilities to perform the essential functions of the position held or desired; or (3) accommodations that enable the employees with disabilities to enjoy equal benefits and privileges of employment as are enjoyed by employees without disability.
Direct Threat A significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation

Employment Procedures for Persons With Disabilities

Duty of Employee To Notify Employer An employee who is disabled has the obligation to inform the District of known or diagnosed disabilities, how the disability affects the employee’s ability to perform essential job function, and identify any reasonable accommodations requested to permit the employee to maintain employment status as a qualified individual with a disability.
Requests For Accommodation An individual who is disabled may request reasonable accommodations by making a written request for specific accommodations or by describing the disability in writing requesting the District to explore ways in which the employee may be reasonably accommodated.  The written request shall be delivered to the Superintendent of Schools
Threats To Health And Safety Any individuals whose disability poses a direct threat to the health or safety of other individuals may be excluded from employment.  To determine whether any individual would pose a direct threat to safety or health, the factors to be considered include: (1) duration of the risk; (2) nature and severity of the potential harm; (3) likelihood that the potential harm will occur; and (4) imminence of the potential harm.
Examinations The District may request any employee to undergo an examination for a physical and/or mental impairment provided that the inquiry is job related and addresses the ability to perform essential job functions.
Nondiscrimination The District shall not discriminate against a qualified individual with a disability on the basis of the disability.
Worker’s Compensation 1.   Compensable Disability.  The fact that an employee is awarded worker’s compensation benefits or is assigned worker’s compensation disability rating does not necessarily mean that the employee is disabled as defined in this Policy.  For example, non-chronic impairments, which heal over time with little or no long-term impact, are not disabilities as defined herein.  Work related injuries shall be considered on a case-by-case basis.2.   Fitness for Duty Reports.  Any employee who misses any days due to work related injury may be required to submit a fitness-for-duty report to determine fitness to return to work.