Frequently Asked Questions |
| Welcome to the FAQ page on the Americans with Disabilities Act, Fair
Employment and Housing Act, reasonable accommodations and Workers’
Compensation. In fulfilling our obligations under these laws Los Rios
Community College District and Colleges seek to work within our existing
job structure to create reasonable accommodations to allow our employees
to perform the essential functions of their jobs with or without
reasonable accommodations. We do not wish to create or to be perceived to
have created “new” job classifications for employees. However, because no
two individuals are alike, it is not possible to anticipate all
circumstances that may arise in this area and our Mission, Core Values and
Culture may require some flexibility in appropriate circumstances. Back to
Topics |
Questions |
What
is the ADA and FEHA?
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| What
is a disability under the ADA? |
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| What
is a disability under FEHA? |
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| Who
is a qualified individual with a disability? |
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| What
forms or medical information do I need to provide? |
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| What
is the interactive process? |
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| What
is a reasonable accommodation? |
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| What
is an unreasonable accommodation? |
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| Who
gets to decide? |
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| What
is Workers' Compensation? |
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| Who
do I call if I have a question? |
Answers
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| The federal ADA requires the District to reasonably accommodate
qualified individuals with disabilities in hiring, firing, benefits and
other terms, conditions and privileges of employment. The law prohibits
discrimination based on disability in every aspect of the employment
relationship with its employees. Return
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| Under the ADA, a disabled person is one who has a physical or mental
impairment that substantially limits one or more major life activities; or
has a record of such impairment, or who is perceived as having such an
impairment. Mitigating measures (eyeglasses, hearing aids, medication) are
taken into account under the federal law to determine if this standard has
been met. Examples of major life activities include: walking, seeing,
hearing, speaking, breathing, learning, working, performing manual tasks,
caring for one's self, sitting standing, lifting, sleeping and reading.
Under the ADA, a non-chronic impairment of short duration with no long
term or permanent impact is not a disability. Thus, according to the Equal
Employment Opportunity Commission (EEOC), broken limbs, sprained joints,
concussions appendicitis, and the flu are not disabilities. The ADA
prohibits discrimination against any person with a record of a disability
or who is regarded as disabled. Return
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| Under FEHA, however, a disability need only make the performance of a
life activity more difficult. Further, mitigating measures may not be
taken into account in determining whether an employee is disabled. Like
the EEOC, FEHA's administering agency has concluded that the non-chronic
illness of short duration is exempt from the FEHA requirements. FEHA
prohibits discrimination against any person with a record of a disability
or who is regarded as disabled. Return
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| A qualified individual with a disability under the ADA and FEHA is an
individual who (a) satisfies the requisite skill, experience, education
and other job-related requirements of the employment position such
individual holds or desires, and (b)who can perform the essential
functions of such position, with or without reasonable accommodation. This
standard requires a person to meet all requirements for the job that are
job related and consistent with business necessity. The essential
functions of a job are the fundamental job duties of the employment
position the individual with a disability holds or desires, but does not
include the marginal functions of the position. Return
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| The District has standard forms for requesting reasonable
accommodation of disabilities. For non-obvious disabilities, the
employee's disability must be supported by medical documentary evidence of
the limitations the employee is experiencing.
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| Once it is ascertained that a person is a qualified individual with a
disability, the District and Colleges have an obligation to engage in a
timely and interactive process with the employee to determine if the
employee can perform the essential functions of his or her job with or
without reasonable accommodations. Employees should inform HR or their
supervisors of their need for reasonable accommodations. The timely part
is relative to the circumstances of the injury or disability. The
interactive part is a two-way street and requires both the employee and
the employer to participate. This process also can include participation
by the employee's equity representative, the employee's supervisor and
other relevant parties. Return
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| For existing employees, reasonable accommodations may include: sick
leave, unpaid additional leave, modifications or adjustments to the work
environment, or to the manner or circumstances under which the position
held or desired is customarily performed, that enable a qualified
individual with a disability to perform the essential functions of the
position; or modifications or adjustments that enable an employee with a
disability to enjoy equal benefits and privileges of employment as are
enjoyed by other similarly situated employees without disabilities. Thus,
a reasonable accommodation may include reassignment to a vacant position
for which they are qualified, job restructuring (reallocating
non-essential job functions), providing a leave of absence, part time or
modified work schedules, providing assistance in the performance of an
essential job function, modifying equipment or devices, providing
qualified readers or interpreters. Return
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| Unreasonable accommodations are not required under the ADA or FEHA.
Unreasonable accommodations include giving the employee a promotion to a
position they are not qualified for, lowering the quality or quantity
standards, or providing personal use items like glasses and hearing aids.
The reasonable accommodation standard does not require the District or
college to offer a promotion or a job for which an individual does not
have the legitimate skills, experience, education or other qualifications
of the job sought. This standard does not require the District or college
to reassign the essential functions of the job or create a new position
for the qualified individual. Return
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| The District and Colleges ultimately decide whether a requested
accommodation is reasonable or not.
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| Under the workers' compensation law, if an employee sustains an
occupational injury, workers' compensation laws may provide the employee
with medical treatment and vocational rehabilitation; compensate the
employee for job-related temporary and permanent disability; and protect
the employee from retaliation for exercising workers' compensation rights.
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| The complexity of the federal Americans with Disability Act (ADA),
Workers' Compensation Law and the state Fair Employment and Housing Act
(FEHA) and our policies require our Employees Benefits, Workers'
Compensation and Human Resources staff to coordinate their efforts when
attempting to assist employees who have been hurt or injured, or become
disabled. As a result, employees may work with one or all of these
departments when confronted with a disability. |
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