APPENDIX F – AMERICAN WITH DISABILTIES ACT
The American with Disabilities Act of 1990 (ADA) prohibits discrimination against persons with disabilities in many areas including employment in state and local governments. It is the policy of the San Francisco Unified School District to comply with the ADA.
The ADA cover “qualified individuals with disabilities” and defines them to be individuals with a disability who meet the skill, experience, education, and other job-related requirements of a position held, and who, with or without reasonable accommodation, can perform the essential functions of the job.
A person with disability, according to ADA, is an individual who has physical or mental impairment that substantially limits one or more of the person’s major life activities. Major life activities include seeing, hearing, breathing, walking, speaking, learning, working, care for oneself, and performing manual tasks.
Reasonable accommodation is a modification or adjustment to a job or work environment which enables a qualified individual with a disability to equal employment opportunity. An employer must provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability unless the accommodation would pose an undue hardship. This accommodation need not be the specific accommodation requested by the employee.
An employee may request a reasonable accommodation by notifying the employee’s supervisor, personnel officer, and department head. If an employee cannot be given an accommodation in the employee’s current class in the current department, the employee may contact the Human Resources Department for consideration of an ADA transfer.
Medical examinations for persons with a disability must be job-related and justified by business necessity. Tests for illegal use of drugs, however, are not medical examinations under the ADA and are not subject to ADA restrictions. Also, an employer may require medical documentation to evaluate a request for reasonable accommodation. This medical-related information shall be confidential, except for those supervisors, safety personnel, compliance officers, or other specified individuals who have the need to know.
An employee requesting a reasonable accommodation will complete the “Request for Reasonable Accommodation” Packet and follow the procedures outlined. The District will contact the employee making the request for reasonable accommodation and engage in an interactive process regarding the request for reasonable accommodation. The District will be advised of the attendance of union representatives at meetings. This District will meet with the union representatives to discuss the reasonable accommodation process and procedures on an as needed basis. In no event shall the meetings contemplated herein be allowed to cause the District to be untimely in processing an employee’s ADA request.
The San Francisco Unified School District and SEIU Local 1021 acknowledges the obligation of the District to enforce the ADA Amendments Act of 2008 (ADAAA), the California Fair Employment and Housing Act (FEHA; see Government Code section 12900 et seq.) regarding disabilities and the rules and regulations implementing these laws.