Reasonable Accommodation Appeals

  • red person in a wheelchair surrounded by blue people Federal and state laws and District policy provide that no individual shall be denied the right and opportunity to seek, obtain and hold employment or be subjected to discrimination because of a disability. This is per Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990, the Fair Employment and Housing Act (FEHA), and applicable state laws.
     
    Employees may have separate rights to protected leave under the Family and Medical Leave Act, California Family Rights Act, and/or bargaining unit agreements.
     
    The reasonable accommodation process requires the cooperation of all involved to ensure that individuals with disabilities are given the accommodations necessary to perform the essential functions of their job and receive the benefits and privileges of employment. State and federal statutes mandate that the employer engage the employee/applicant in an interactive process to determine effective reasonable accommodation when the employee/applicant requests reasonable accommodation or if the disability is known and the employer becomes aware of a potential need for accommodation. 
     
    In a situation where the administrator at the work site cannot accommodate an employee with a disability so that they may perform their essential job functions, or if that employee disagrees with the accommodations provided, the employee may submit a formal request to meet with the District Reasonable Accommodation Committee.
     
    Please note that an appeal will only be considered after an employee's request has been denied by the Office of Risk Management (there must be a decision from the Office of Risk Management before an employee may “appeal” a decision).

    Steps to Request a Reasonable Accommodation (Employees may access the relevant policy and forms/resources below or by visiting the Office of Risk Management):

    1. Employees must first engage in the interactive process with their immediate supervisor. The employee's supervisor will complete Attachment A Record of the Interactive Process. If the Supervisor is unable to accommodate:
    2. Employee submits Attachment B (Reasonable Accommodation Application) form to the Office of Risk Management.
    3. The Office of Risk Management will contact the employee to schedule a Reasonable Accommodation (RA) Committee meeting. After the meeting:
    4. The Office of Risk Management will send the employee a RA Decision Letter.
    5. If Employee disagrees with the decision, the employee must complete the Attachment C (Appeal of Reasonable Accommodation Committee Decision) form and submit it to Ethics and Compliance Monitoring Legal Services (ECM). Upon receipt, an ECM team member will contact the employee regarding the request and the next steps.
    6. An ECM team member will send the employee an Acknowledgement Letter with the date of the Reasonable Accommodation Appeal (RAA) paper review as applicable.
    7. Within 10 business days of the paper review, an ECM team member will send the employee a decision; however, if the RAA committee requires additional information, the employee will be contacted to meet via Zoom to address the committee.
    8. Within 10 business days, the employee will be sent an RAA Decision Letter.
     
    For more information, refer to BUL-4569 Reasonable Accommodation for Individuals with Disabilities.