In accordance with the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), we will engage in the interactive process with qualified employees with disabilities to determine if they can perform the essential functions of their jobs with or without reasonable accommodations.
Employees with disabilities should contact the ADA/504 compliance officer at their location.
The Interactive Process
The interactive process is a discussion between the employee and the district or college to determine reasonable accommodations. This process may include the employee's equity representative, supervisor, or other relevant parties. The district/college ultimately determines if an accommodation is reasonable.
For existing employees, reasonable accommodations may include any of the following:
- 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
- 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
- Reassignment to a vacant position for which an employee is qualified
- Job restructuring (reallocating non-essential job functions)
- Leave of absence
- Part-time or modified work schedules
- Assistance in the performance of an essential job function
- Modifying equipment or devices
- Providing qualified readers or interpreters
Examples of unreasonable accommodations include:
- Promoting an employee to a position for which they are not qualified
- Lowering quality or quantity standards
- Providing personal use items like glasses and hearing aids
- Creating a new position for an employee
The ADA and FEHA define a qualified employee as a person who:
- Satisfies the requisite skill, experience, education, and other job-related requirements of their current job (or job to which they are applying)
- Can perform the essential job functions (not including the marginal job functions), with or without reasonable accommodation
The college typically handles the interactive process if the following are true:
- The employee's injury or illness is expected to last less than 90 to 120 days (temporary modified duty).
- The employee can perform all of the essential functions of the job without need for any accommodation.
If an employee's disability exceeds 120 days or an employee is returning from a health-related leave of absence, then Human Resources generally handles the interactive process.
If you have been injured while performing the functions of your job, then please contact your ADA officer immediately.
Workers' compensation laws may provide employees who have been injured on the job with the following:
- Medical treatment and vocational rehabilitation
- Compensation for job-related temporary and permanent disability
- Protection from retaliation for exercising workers' compensation rights
Any employee with a disability who needs a service animal to perform the essential functions of their job may use a service animal on district and college property.