ADA Accommodations - Employment Applications

Purpose:

The Rehabilitation Act section 504 and the Americans with Disabilities Act of 1990 requires community colleges to provide equal access to employment opportunities for persons with disabilities. These implementing instructions address reasonable accommodation for applicants with disabilities throughout the selection process.

Background:

Community colleges must reasonably accommodate any physical, or mental limitations of a qualified job applicant or employee with a disability unless it can show that the accommodation would impose an undue hardship on the district.

1.0 Notification

1.1 An employer is responsible for notifying job applicants of its obligation to provide accommodations for otherwise qualified individuals with disabilities.

a. Notices shall be posted in the Human Resources Employment Office and any other places where applicants have general access. The notices shall include provisions of the ADA, the District's obligation to provide reasonable accommodation, and the name and location of the District Affirmative Action manager with whom complaints of discrimination may be filed.
b. Information regarding the District's policy of nondiscrimination and availability of reasonable accommodation shall be included on all job flyers and with all application forms.

2.0 Request for Accommodation

2.1 An employer is obligated to make an accommodation only to the known limitations of an otherwise qualified applicant with a disability. In general, it is the responsibility of the applicant with a disability to inform the Employment Office that an accommodation is needed to participate in the application process. The District is not required to provide an accommodation if it is not aware of the need.

1. Requests from applicants with disabilities for reasonable accommodation shall be directed to the Employment Supervisor on a "Request for Reasonable Accommodation" form (click here). The Employment Supervisor will make a reasonable effort to provide an accommodation that is effective for the individual, one which gives the applicant an equal access throughout the selection process. If an applicant requests an accommodation and the need for the accommodation is not obvious or if a preliminary review concludes that an accommodation is not needed, the Employment Supervisor may request documentation of the applicant's functional limitations to support the request.

3.0 Employment/Application Materials

3.1 In consideration of requests for reasonable accommodation, Human Resources shall be prepared to communicate about the selection process and/or application materials available in alternative formats or media.
3.2 All job flyers shall contain information about the essential functions of the job.

4.0 Tests (Written, Oral, Demonstration, etc.)

4.1 Tests for employment must measure the skills, knowledge, and abilities of the classification. All tests for employment, including oral interview questions, used in any selection process shall be reviewed to assure that the tests measure the actual ability of an applicant to perform the job functions rather than reflecting upon limitations caused by the disability.

For example: An applicant who has dyslexia, which causes difficulty in reading, should be given an oral test rather than a written test, unless reading at the speed and level required for the test is an essential function of the job. Or, an individual with a learning disability might be allowed more time to take a test, unless the test is designed to measure speed required on the job.

5.0 Recruitment

5.1 Standard distribution of compilations listing employment opportunities shall include organizations and agencies which provide services to persons with disabilities.

5.2 The District's decision to participate in recruitment activities shall take into consideration the accessibility of the facilities and locations.

6.0 Screening Committees

6.1 Training for members of selection committees shall be provided with District employment procedures and the District's Affirmative Action/Staff Diversity plan, which incorporate the requirements of the ADA. Selection committee participants will be informed of:

(1) the District's policies regarding equal opportunities for persons with disabilities; and
(2) that screening and interviewing questions and criteria shall be job-related.

6.2 Written instructions to committee members shall include directions on appropriate conduct of a job-related selection process and etiquette of interviewing persons with disabilities.