Employee Accommodations
The Americans with Disabilities Act (ADA) and the Fair Employment and Housing Act (FEHA) are laws designed to protect employees with disabilities and ensure they have equal access to opportunities in the workplace. Pregnant employees have additional provisions of the Pregnant Workers Fairness Act (PWFA).
Additionally, Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA) provide protections for employees with sincerely held religious beliefs or practices.
Under Board Policy 3410: Nondiscrimination, the District is committed to equal opportunity in employment. If you have a disability or sincerely held religious beliefs and practices that affect your ability to perform your job, you may be entitled to reasonable accommodations.
Key Points to Remember:
- Accommodations are about making modifications to help you perform the essential job functions of your role fully and safely; not lowering standards or changing job requirements.
- Both you and the District are expected to engage in a timely and good-faith interactive process.
- Your diagnosis is not needed, but your underlying restrictions and limitations are needed for an effective process.
- We value your privacy. Information regarding your accommodation will only be shared based on a need-to-know basis.
Employee Medical Accommodations
Employee Medical Accommodation Request Form
You can request an accommodation at any time. This could be a request for modified duties, equipment adjustments, or other changes to how your essential job duties are performed. You can make your request using the request form linked here. Alternatively, you can make your request verbally or in writing to your supervisor and/or Human Resources.
The District will need to gather medical documentation on what your functional limitations and restrictions are, as indicated by your healthcare provider. Depending on what your reported needs and/or request is, the District will usually gather this information by providing you with a medical questionnaire to take to your provider. Your healthcare provider should use this documentation to list your functional limitations and restrictions.
Your healthcare provider should not include your diagnosis, but must include your underlying restrictions and limitations. Your doctor may recommend specific accommodations they believe will be helpful, but must still include the underlying restrictions and limitations. If documentation is not completed thoroughly to provide underlying restrictions and limitations, the District will redirect you to your healthcare provider for more information. In some cases, this step can be skipped if the District already has knowledge of your limitations and restrictions.
Once medical documentation is received, the information on your restrictions and limitations will serve as the basis for discussions. These discussions typically consist of you, your supervisor, and a human resources representative. You may also bring a union representative, if desired.
We will discuss which of your restrictions and limitations create barriers to how your job functions are typically performed. Then, we will engage in good-faith, collaborative discussions to explore what accommodations will address those barriers and enable you to fully and safely perform your essential job functions. The District will give first consideration to requested accommodations from you and/or your healthcare provider, but ultimately has discretion on what reasonable accommodation can be provided based on underlying restrictions and limitations.
After engaging in interactive process discussions, the District will inform you if we can provide a reasonable accommodation, and if so, what accommodation can be provided.
If accommodating the restrictions and limitations would pose an undue hardship to the District and/or eliminate essential job functions, it’s possible that the District may place you on a leave as a form of reasonable accommodation if your restrictions are temporary.
If you have been given permanent restrictions and limitations and we cannot identify reasonable accommodations enabling you to fully and safely perform your job, the District will explore if there are vacant, non-promotional positions available that you are qualified for and can fully and safely perform.
In cases where we cannot accommodate for permanent restrictions and limitations and there are not vacant, non-promotional positions meeting the above factors, the District may have to medically separate your employment and place you on a 39-month reemployment list. This is a rare outcome, but is possible if there are no reasonable accommodations that would enable you to perform your job, or no transfer opportunities.
Once an accommodation is identified, the District will work with you and your supervisor to communicate the approved accommodation and implement it promptly and effectively.
The interactive process is an ongoing process between you and the District. If the accommodation is no longer effectively meeting the needs of the employee and/or District, steps 2-5 of the interactive process will be revisited.
Employee religious accommodations
You may request a religious accommodation at any time if a work requirement conflicts with your sincerely held religious belief, observance, or practice. Requests may include schedule changes, time off for religious observances, dress or grooming accommodations, or modifications to job duties. You may submit a request by contacting Human Resources.
The District may request limited information to understand the nature of your sincerely held religious belief or practice and how it conflicts with your job requirements. The District will not question the validity of a religious belief unless there is an objective reason to do so. The focus will remain on understanding the conflict with your job requirements and identifying potential reasonable accommodation options.
Once sufficient information is received, the District will engage in a timely, good-faith interactive process, consistent with California FEHA expectations. This includes a collaborative discussion involving you, your supervisor, and Human Resources. You may bring a union representative if desired. The District will work with you to identify where your job duties may conflict with sincerely held religious beliefs and practices, and explore possible accommodations that allow you to practice your religion while meeting job expectations. The District will give consideration to your preferred accommodation but may evaluate alternative effective options.
After evaluating potential options, the District will determine whether a reasonable accommodation can be provided. The District will consider your preference but retains discretion to choose an effective accommodation. If a specific request creates an undue hardship, the District will consider alternative accommodations.
Once an accommodation is identified, the District will work with you and your supervisor to communicate the approved accommodation and implement it promptly and effectively.
The accommodation process is ongoing. If circumstances change, the accommodation proves ineffective, or job requirements evolve, the District and employee will re-engage in the interactive process to reassess and modify the accommodation as needed to ensure continued effectiveness and compliance.