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Santa Cruz Campus Implementing Procedures for the
Employment Provisions of the Americans With Disabilities Act

(Academic Employees and Applicants)

I. Overview
The Americans With Disabilities Act of 1990 (ADA) was enacted in order to eliminate discrimination against individuals with disabilities. It is a basic tenet of the ADA that qualified individuals with disabilities be afforded reasonable accommodation in employment. It is the University's intent to establish and maintain employment practices which afford equal opportunity employment to otherwise qualified individuals with disabilities and which do not unlawfully discriminate against and/or have an unlawful disparate or adverse impact upon disabled individuals on the basis of their disability. This includes providing equal access to information about vacancies; equal opportunity to compete for selection to vacant positions and in the selection process; and accommodation of functional limitations.

II. Purpose
This document outlines the Santa Cruz campus procedures for providing reasonable accommodation to qualified individuals with disabilities - applicants and employees alike - and is a supplement to the University of California Guidelines for Implementing Employment Provisions of the Americans with Disabilities Act of 1990. These procedures are intended to assist in understanding and meeting obligations in regards to accommodating academic employees and applicants under the law and University policy.

III. Responsibilities
Academic Human Resources has responsibility for:

• providing and/or arranging for accommodation required to access position announcements and complete the application;
• notifying the Hiring Department when an applicant requests accommodation to participate in an interview;
• processing requests for auxiliary aides;
• educating Hiring Departments regarding non-discriminatory means of evaluating candidates' qualifications;
• assisting Unit Heads in identifying the essential functions and necessary skills of a position;
• making recommendations as to whether a requested accommodation is reasonable or constitutes an undue hardship; and
• determining eligibility of employees with disabilities for referral to reassignment.

The Hiring Department has responsibility for:

• providing and/or arranging for accommodation required during the interview process, including providing interpreters and auxiliary aides;
• conducting a non-discriminatory evaluation process; and
• exploring accommodation options for those applicants offered a position.

The Applicant has responsibility for:

• making known to the Academic Human Resources Office what accommodation is needed in regards to access to position announcements, completing the application forms, participating in interviews, etc.;
• if selected for a position, working with the Hiring Department to explore options for reasonable accommodation.

The Department has responsibility for:

• identifying the essential functions and necessary skills of a position;
• working with the employee and the Campus Vocational Rehabilitation Counselor to explore options for reasonable accommodation;
• documenting undue hardship;
• implementing reasonable accommodation(s); and
• providing reassignment opportunities, when appropriate, to employees who become disabled.

The Divisional Dean has responsibility for:

• consulting with Departments regarding essential functions of a position; and
• consulting with Departments regarding factors constituting undue hardship.

The Executive Vice Chancellor has responsibility for:

• determining if a suggested accommodation is reasonable.

The Campus Vocational Rehabilitation Counselor has responsibility for:

• serving as Case Manager for all employee disability cases;
• assisting Departments in identifying the essential functions and necessary skills of a position;
• reviewing and evaluating an employee with a disability's functional abilities and limitations;
• performing job analyses;
• evaluating whether or not an employee with a disability can perform a job safely;
• working with the employee and the Department to explore options for reasonable accommodation and making recommendations to the Department on such;
• administering the campus Central Accommodation Fund;
• periodically reviewing any accommodations adopted; and
• assessing the ability of employees eligible for reassignment to perform the duties of a specific position.

The Employee has responsibility for:

• providing notice of a physical or mental limitation which requires accommodation; and
• working with the Department and the Campus Vocational Rehabilitation Counselor to explore options for reasonable accommodation.

The Disability Resource Center has responsibility for:

• maintaining a list of local interpreters and auxiliary aides.

IV. Procedures
A. Recruitment and Selection

1. Notice shall be placed in all job announcements and wherever position vacancies are posted informing applicants that they may request reasonable accommodation.
2. When requested, the Academic Human Resources Office shall provide assistance in the application process to individuals with disabilities.
3. The Hiring Department, in consultation with the appropriate Division and the Academic Human Resources Office, shall provide or arrange for any accommodation required during the interview process. The Hiring Department/Division shall bear the cost of any such accommodation.
4. If an individual with a disability is selected for an interview, Academic Human Resources, Affirmative Action, and the Campus Vocational Rehabilitation Counselor will work with the Hiring Department regarding accommodation and to ensure a non-discriminatory evaluation of the candidate's qualifications.
5. If an individual with a disability is offered a position and requests accommodation, the Hiring Department, in consultation with the Campus Vocational Rehabilitation Counselor, shall consult with the individual with a disability to ascertain precise job limitations imposed by the disability and options for reasonable accommodation. Any agreed to reasonable accommodation costing $50.00 or less shall be funded by the Hiring Department. For reasonable accommodations costing more than $50.00, the Hiring Department shall be responsible for the first $50.00 and the remainder shall be paid from the Central Accommodation Fund.
6. If a suggested accommodation appears to the Hiring Department to be unreasonable or to constitute an undue hardship, procedures outlined in Section IV.D.1-3 following shall apply.

B. Informal Accommodation

Informal efforts to accommodate the functional limitations of an academic employee with a disability may be made by the Unit Head. Such efforts do not preclude the need for a formal evaluation process, if necessary.

1. Either the employee or the Unit Head may identify job duties which the employee is unable to perform due to physical or mental impairment.
2. The Unit Head may agree to an informal accommodation. That accommodation and any discussions shall be documented. Documentation shall be submitted to the Academic Human Resources Office.
3. If there is any question concerning the nature of the limitation or of the accommodation requested, the Unit Head shall consult with the Campus Vocational Rehabilitation Counselor.

C. Formal Accommodation

The formal accommodation process documents the effort by the University and the employee with a disability to implement a reasonable accommodation. The formal accommodation process involves a review by the Campus Vocational Rehabilitation Counselor. Formal accommodation will be undertaken only after attempts at informal accommodation have been made.

1. The employee shall present to the Unit Head notice of a limitation which requires accommodation. Notice to the Unit Head may also be accomplished through the Workers' Compensation process for employees injured on the job.
2. The Unit Head, in consultation with the Divisional Dean and the Academic Human Resources Office, shall review the essential functions and necessary skills and abilities of the position.
3. If there is a question concerning the employee's ability to perform essential functions, the Unit Head, in consultation with the Divisional Dean, may require a job-related medical examination (and/or inquiry) of an employee. The Division shall bear the cost of any such exam and/or inquiry.
4. If the Unit Head believes that the disability precludes the employee from performing essential job functions, the Unit Head will contact the Campus Vocational Rehabilitation Counselor who, in consultation with other offices as appropriate, shall take the following actions:
• a. in consultation with the employee, evaluate the employee's functional abilities and limitations;
• b. analyze the job requirements;
• c. in consultation with the employee, explore options available for accommodation;
• d. determine the most effective accommodation for both the department and the employee, taking into consideration the employee's preferences; and
• e. evaluate whether an employee can perform the job without significant risk of substantial harm to the health or safety of the employee or others that cannot be eliminated or reduced by reasonable accommodation.
• If more than one option for effective accommodation is available, and the cost each is approximately equal, the preference of the employee should be given primary consideration. The Campus Vocational Rehabilitation Counselor shall provide a written summary of his/her findings and recommendations on accommodation to the Unit Head.
5. In considering possible accommodations, the Unit Head shall evaluate the effectiveness of each accommodation in enabling the employee with a disability to perform the essential functions of the job. The Unit Head should review the following: a. safety issues of the accommodation; b. cost of the accommodation; and c. impact of the accommodation upon the workplace and co-workers. {See Guide to Reasonable Accommodation (Appendix A) for further guidance.}
6. The Unit Head shall discuss the possible accommodation with the Campus Vocational Rehabilitation Counselor and the employee. If appropriate and reasonable, and accepted by the employee, the accommodation shall be implemented. Any agreed to reasonable accommodation costing $50.00 or less shall be funded by the Department/Division. For reasonable accommodations costing more than $50.00, the Department shall be responsible for the first $50.00 and the remainder shall be paid from the Central Accommodation Fund.
7. Any accommodation that is adopted shall be reviewed periodically by the employee, the Unit Head and the Campus Vocational Rehabilitation Counselor to ensure success.
8. If the employee, Unit Head, and Campus Vocational Rehabilitation Counselor reach a consensus decision that no accommodation is possible in the employee's current position, the campus will attempt, where appropriate, to accommodate the employee in another position through the Special Selection Procedures (see Section E).

D. Declination of Accommodation by the Department

1. If a suggested accommodation appears to the Unit Head to be unreasonable or to constitute an undue hardship, s/he shall discuss the accommodation and any factors constituting undue hardship with the Divisional Dean and the Director, Academic Human Resources. The Director, Academic Human Resources, in consultation with the Unit Head, Campus Vocational Rehabilitation Counselor, and representatives of Affirmative Action, Labor Relations, Workers' Compensation, and Risk Management units, as appropriate, shall make a recommendation to the Executive Vice Chancellor as to whether the requested accommodation is reasonable or is an undue hardship.
2. The Executive Vice Chancellor shall consider the documentation and the recommendation and shall determine if the requested accommodation is reasonable or is an undue hardship.
3. If it is determined that a suggested accommodation is reasonable and appropriate, it shall be implemented.
4. If it is determined that a suggested accommodation is not reasonable or appropriate, the Unit Head shall notify the employee of this decision and the campus will attempt to accommodate the employee in another position through the Special Selection Procedures as set forth in relevant collective bargaining agreements (see Section E). This applies to employees in the Non-Senate Instructional and Librarian Units only.

E. Special Selection Procedures

If efforts to provide all other types of reasonable accommodation are unsuccessful, reassignment of the employee with a disability appointed to a title in the Non-Senate Instructional Unit or the Librarian Unit shall be considered, as set forth below:

1. The Campus Vocational Rehabilitation Counselor shall identify employees who become disabled to the Director, Academic Human Resources.
2. The Director, Academic Human Resources and the Campus Vocational Rehabilitation Counselor shall identify those specific job titles for which the employee with a disability might be qualified, with or without reasonable accommodation.
3. In consultation with the Director, Academic Human Resources, the Campus Vocational Rehabilitation Counselor shall review position vacancies in the identified job titles to determine whether the employee might be a potential qualified individual with a disability who should be referred to the Hiring Department for consideration.
4. The Director, Academic Human Resources, shall refer the employee with a disability to the Hiring Department for consideration when an appropriate position vacancy is identified.
5. The Campus Vocational Rehabilitation Counselor shall provide further information to the Hiring Unit regarding possible job accommodation, and qualifications of potential candidates for Special Selection.
6. The Hiring Department shall evaluate the qualifications of the employee with a disability.
7. If the Hiring Department determines that the employee with a disability can perform the essential functions of the job, with or without reasonable accommodation, the employee shall be transferred or reassigned to the position without the necessity for recruitment.
8. If the candidate is not accepted, the Hiring Department shall consult with the Campus Vocational Rehabilitation Counselor and document in writing to the Executive Vice Chancellor its reasons for concluding that the candidate is unable to perform the essential functions of the position with or without reasonable accommodation.
9. If not selected for a given vacancy, the employee with a disability may be considered for subsequent appropriate vacancies occurring during the time period that has been established for Special Selection consideration.

F. When Efforts at Reasonable Accommodation Are Unsuccessful

If attempts at reasonable accommodation are unsuccessful, or if an employee declines a reasonable accommodation and as a consequence is unable to perform the essential functions of his/her position, the employee may be medically separated in accordance with policy and relevant collective bargaining agreements.

Appendix A: Guide to Reasonable Accommodation
(Academic Employees and Applicants)

The University is required by law to explore reasonable accommodation options when a qualified individual with a disability requests accommodation or indicates a need for accommodation. Once such an individual requests accommodation the University must make a reasonable effort to determine whether an appropriate accommodation can be made. Appropriate reasonable accommodation should be determined on a case-by-case basis using the four-step procedure outlined below:

1. Analyze the position held or desired by the qualified individual with a disability to determine its purpose and essential functions.
2. Consult with the individual with a disability to ascertain the precise job-related limitations imposed by the disability and how those limitations could be overcome with a reasonable accommodation.
3. Consult with the individual with a disability to identify potential accommodations and assess the effectiveness each option would have in enabling the individual to perform the essential functions of the position.
4. Select and implement the accommodation that is most appropriate for both the individual and the unit, taking into consideration the employee's preference.

Answering the following questions will assist you in determining whether or not you have fully explored reasonable accommodation:

1. Have you determined the essential functions of the position? Essential functions are the fundamental (as opposed to marginal) job duties of the position the individual holds or desires. The Academic Human Resources Office, Divisional Dean, and Campus Vocational Rehabilitation Counselor are primary resources for determining the essential functions of a position.
2. Are you aware of the functional limitations of the individual? Functional limitations are measurable physical or mental limitations that prevent the individual with a disability from performing specific job activities. The Campus Vocational Rehabilitation Counselor can assist you in analyzing the individual's functional limitations relative to the essential functions of the position.
3. Is the individual requesting accommodation a qualified individual with a disability? A qualified individual with a disability is an individual with a disability who satisfies the requisite skill, experience and education requirements of the position the individual holds or desires and who, with or without accommodation, can perform the essential functions of that position.
4. Have you considered all possible accommodation options, including the following:
   • a. making existing facilities used by employees readily accessible to and usable by individuals with disabilities;
   • b. job restructuring - modifying a job so that an individual with a disability can perform the essential functions of the position, e.g., eliminating non-essential elements of the job, re-delegating assignments, exchanging assignments with another employee, and redesigning procedures;
   • c. initiating part-time or modified work schedules;
   • d. acquiring or modifying equipment or devices;
   • e. adjusting or modifying employment examinations, training materials and/or campus or department practices;
   • f. providing qualified readers or interpreters; and
   • g. (for current employees only) reassigning an individual with a disability to another vacant position in the department?

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