It is the policy of Monroe Community College to provide reasonable accommodations to qualified individuals with disabilities in accordance with the regulations established by the Americans With Disabilities Act of 1990. Accommodations that do not cause "undue hardship" to the College will be provided to qualified individuals with disabilities who are currently employed or seeking employment.
Reasonable accommodation is the adaptation of a program, facility or workplace that allows an individual with a disability to perform a job or participate in the program or service. Accommodations include, but are not limited to:
- Any modification or adjustment to the employment process that enables a qualified individual with a disability to be considered for the position he/she desires; or
- Any modification or adjustment to the work environment, or to the manner or circumstances under which the duties of a position are customarily performed that enables a qualified individual with a disability to perform the essential functions of the job; or
- Any modifications or adjustments that enable an employee with a disability to have the equivalent benefits and privileges of employment that similarly situated employees without disabilities enjoy, and
- The making of existing facilities used by employees readily accessible to and usable by individuals with disabilities.
Auxiliary aids are considered reasonable accommodations under the law. These include, but are not limited to:
- qualified interpreters or other methods of making aurally delivered materials available to individuals with hearing impairments.
- qualified readers, taped texts, or other methods of making visually delivered materials available to individuals with visual impairments.
- acquisition or modification of equipment or devices; and
- other services and actions.
Undue hardship is considered any action that requires significant difficulty or expense for the employer.
Determining factors of undue hardship include, but are not limited to:
- nature and cost of the accommodation;
- overall financial resources of the facility or facilities; number of persons employed; effect on expenses and resources, or impact of accommodation on the operation of the facility.
- overall financial resources of the entity and the size of the business and its location;
- type of operation or the operations of the covered entity including composition, structure and functions of workforce, geographic separateness, administrative or fiscal relationship of the facility or facilities to the covered entity.
All attempts, successful or unsuccessful, to provide reasonable accommodation to the applicants or employees with disabilities will be documented and filed in the office of the Director of Human Resources.
The procedure to be followed in determining need and providing reasonable accommodation(s) for applicants or employees includes the following steps:
- Consult with the disabled individual to determine what reasonable accommodation might be effective in providing equal access in applying for a job, performing essential job functions, or enjoying equal benefits and privileges of employment.
- If the appropriate accommodation selected is without undue hardship, can be implemented without difficulty, and is at little or no cost to the institution, it should be provided as soon as practicable.
- If an individual with a disability does not know what is an appropriate reasonable accommodation, or if the individual's functional limitations are unclear, or if the College and the employee or applicant disagree on the reasonable accommodation necessary to be effective, then an informal interactive communication process with the employee or applicant should begin to identify which accommodation may be appropriate. The following steps are recommended:
- Identify the essential functions of the position.
- Discuss which essential functions are limited because of the disability.
- Identify the barriers to performance of the essential function of the job.
- Discuss potential accommodations and assess their effectiveness in enabling the individual to perform the essential functions of the job. If alternatives cannot be identified, outside agencies should be contacted for assistance.
- Select the accommodation that best serves the needs of the College and the individual. If several alternative accommodations would provide an equal employment opportunity, consider the preference of the individual. If more than one accommodation alternatives exist, and if the individual prefers to provide his or her own accommodation, the individual may be allowed to do so. (The College may, with input from the employee, select an appropriate but less expensive alternative.)
- If providing a particular accommodation would create an undue hardship, the College will provide the individual with an opportunity to pay for or provide the accommodation for him/herself, or provide that part of the accommodation, which constitutes the undue hardship.
- Reassignment to a position consistent with present pay and status will be attempted, providing the individual is qualified for the assigned position, and that such a position is or will be available within a reasonable time period. If no such equivalent position exists, the College may reassign the person to a position at a lower classification and at a reduced salary. Other positions will not be created, and other employees will not be removed from their position in order to provide reasonable accommodation. An individual with a disability will not be promoted in order to make such an accommodation.
Reasonable accommodation will be provided to the individual with a qualified disability when funding is available from another source, i.e., a state vocational rehabilitation agency, or when federal, state or local tax credits are available to offset the cost of the accommodation. When outside funding exists that offsets the cost, the College will provide the reasonable accommodation regardless of whether or not the College has initiated the process to obtain the available funding.
AMERICANS WITH DISABILITIES ACT
Key to ADA questioning is to stop, think, or ask someone if you are not sure!
CAN BE ASKED
- Questions about physical conditions that are not disabilities. (i.e., "Do you have 20/20 corrected vision? This job requires an employee to prepare reports containing technical/detailed information in a tight timeframe. Can you perform this function with/without a reasonable accommodation?
- Volunteered information on a disability is all right if it is in response to a question.
- Can you perform the essential functions of the job with or without a reasonable accommodation?
- The job requires that you transport 20lb bags of books from the loading dock down three flights of stairs and up one flight of stairs between 3:00 P.M. & 4:00 P.M. Can you perform this essential function with or without a reasonable accommodation?
- How did you break your arm?
- An applicant with a disability may be asked to demonstrate job tasks if all applicants are asked to do the same. An accommodation must be provided if requested, or the applicant may describe how the task would be performed.
- Employer may ask if accommodations are needed during the hiring process. Employer may require confirmation of disability.
- Can you meet the attendance requirement of the job? Or, How many days of leave did you take last year?
- Did you have any unauthorized absence on your last job?
- How many Mondays and Fridays other than vacation were you absent last year?
- Do you use illegal drugs? Or, Have you used illegal drugs in the last two years?
- BE CAREFUL OF ANY AND ALL LEGAL DRUG QUESTIONS.
- Do you have or intend to get the appropriate certificate or license required for this position? Why do you not have this license?
- Have you ever been arrested for DWI? (May ask about arrest and correction records under Title VII.)
CANNOT BE ASKED
- Questions which illicit information about disability - (i.e., Do you ever get ill from stress or do you have symptoms of stress?)
- Volunteered information may not be pursued by employers and volunteered information may not be used in making employment decisions.
- Inquiries may not be made at the pre-offer stage which would screen out or automatically bar a person from employment . (i.e., Asking an interstate truck driver about epilepsy.)
- Phrasing of questions - i.e., Do you have a disability that would prevent you from performing the essential functions of a job with or without a reasonable accommodations?
- How long will it be before your arm can be fully used?
- Can you perform major life activities? (i.e., hearing, standing, walking, learning, etc.).
- Do not ask questions which delve into the nature of the disability.
- At the pre-offer stage, questions relating to specific reasonable accommodations in this job? If information is volunteered, it may not be used.
- How many sick days did you use last year? Have you ever filed for Workers' Compensation or been injured on the job?
- What was the reason for your unauthorized absence?
- How often would you be required to leave on account of your disability, illness or treatment?
- Are you addicted to illegal drugs? Have you been through drug rehab? How much cocaine/alcohol are/were you using? What was/is the nature of your addiction?
- Results of a medical examination or test at the pre-offer stage of employment may not be used in making an employment decision.