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

(Staff 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 disabilities. 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 staff employees and applicants under the law and University policy.

III. Responsibilities
Staff Human Resources has responsibility for:

• providing and/or arranging for accommodation required to access position announcements and complete the application;
• notifying the Hiring Unit when an applicant requests accommodation to participate in an interview;
• processing requests for auxiliary aides;
• educating Hiring Units regarding non-discriminatory means of evaluating candidates' qualifications;
• assisting Units in identifying the essential functions and necessary skills of a position;
• determining if a proposed accommodation is reasonable;
• determining eligibility of employees with disabilities for referral to reassignment or trial employment; and
• reviewing Unit documentation when a referred employee for reassignment or trial employment is determined not qualified to perform the essential functions of the position.

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

The Unit 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 or trial employment opportunities to employees who become disabled.

The Campus Vocational Rehabilitation Counselor has responsibility for:

• serving as Case Manager for all employee disability cases;
• assisting Units 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 Unit to explore options for reasonable accommodation and making recommendations to the Unit on such;
• administering the campus Central Accommodation Fund;
• periodically reviewing any accommodations adopted;
• assessing the ability of employees eligible for reassignment or trial employment to perform the duties of a specific position; and
• monitoring employee placement and consulting with Units during trial employment.

The Affirmative Action Office has responsibility for:

• ADA compliance.

The Disability Resource Center has responsibility for:

• maintaining a list of local interpreters and auxiliary aides.

The Employee has responsibility for:

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

IV. Procedures
A. Recruitment and Selection

1. Staff Human Resources shall place notices in all job announcements and wherever position vacancies are posted informing applicants that they may request reasonable accommodation.
2. When requested, Staff Human Resources shall provide assistance in the application process to individuals with disabilities.
3. The Hiring Unit shall provide or arrange for any accommodation required during the interview process. The Hiring Unit shall bear the cost of any such accommodation.
4. If an individual with a disability is selected for an interview, Staff Human Resources, Affirmative Action, and the Campus Vocational Rehabilitation Counselor will work with the Hiring Unit 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 Unit, in consultation with the 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 accommodations costing $50.00 or less shall be funded by the Hiring Unit. For reasonable accommodations costing more than $50.00, the Hiring Unit 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 Unit to be unreasonable or to constitute undue hardship, procedures outlined in Section IV.D.1-2 following shall apply.

B. Informal Accommodation

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

1. Either the employee or the Supervisor may identify job duties which the employee is unable to perform due to physical or mental impairment.
2. The Supervisor may agree to an informal accommodation. That accommodation and any discussions shall be documented.
3. If there is any question concerning the nature of the impairment or of the accommodation requested, the Supervisor 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 Supervisor notice of a limitation which requires accommodation. Notice to the Supervisor may also be accomplished through the Workers' Compensation process for employees injured on the job.
2. The Supervisor, in consultation with the Unit Human Resources Analyst, Campus Vocational Rehabilitation Counselor and others, as appropriate, 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 Supervisor may require a job-related medical examination (and/or inquiry) of an employee. The Unit shall bear the cost of any such exam and/or inquiry.
4. If the Supervisor believes that the disability precludes the employee from performing essential job functions, the Supervisor will contact the Campus Vocational Rehabilitation Counselor who, in consultation with other offices as appropriate (Staff Human Resources, Workers' Compensation, outside rehabilitation counselors, etc.), 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 employee and the department, taking into consideration the employee's preferences; and
• e. evaluate whether the 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 accommodation is available, and the cost of 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 Supervisor.
5. In considering possible accommodations, the Supervisor shall evaluate the effectiveness of each accommodation in enabling the employee with a disability to perform the essential functions of the job. The Supervisor shall 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 Supervisor 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 accommodations costing $50.00 or less shall be funded by the Unit. For reasonable accommodations costing more than $50.00, the Unit 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 Supervisor, and the Campus Vocational Rehabilitation Counselor to ensure success.
8. If the employee, Supervisor, and Campus Vocational Rehabilitation Counselor reach a consensus decision that no accommodation is possible in the employee's current position, the campus will attempt to accommodate the employee in another position through the Special Selection Procedures (see Section E).

D. Declination of Accommodation by the Unit

1. If a suggested accommodation appears to the Supervisor to be unreasonable or to constitute an undue hardship, s/he shall discuss the accommodation and any factors constituting undue hardship with the Staff Human Resources Director. The Staff Human Resources Director, in consultation with the Supervisor, Campus Vocational Rehabilitation Counselor, and representatives of other campus units as appropriate (Affirmative Action, Labor Relations, Workers' Compensation, Risk Management, etc.), shall decide if the requested accommodation is reasonable or is an undue hardship.
2. If it is determined that a suggested accommodation is reasonable and appropriate, it shall be implemented.
3. If it is determined that a suggested accommodation is not reasonable or appropriate, the Unit shall notify the employee of this decision and the campus will attempt to accommodate the employee in another position through the Special Selection Procedures (see Section E).

E. Special Selection Procedures

If efforts to provide all other types of reasonable accommodation are unsuccessful, reassignment of the employee with a disability shall be considered, as set forth below:

1. An employee who has received notification that accommodation in the current position/unit is not reasonable or appropriate shall be placed on the Special Selection List for a period of 90 calendar days following such notice.
2. The Campus Vocational Rehabilitation Counselor shall provide a list of employees who become disabled and are eligible for reassignment to the Employment Unit of Staff Human Resources.
3. As positions become available, Employment shall determine which employees shall be considered. In order to be considered, an employee's current salary range maximum must be equal to or greater than that of the available position. The names of employees who fulfill this requirement will be forwarded to the Campus Vocational Rehabilitation Counselor together with the job description.
4. The Campus Vocational Rehabilitation Counselor shall assess the employee's qualifications as they relate to the ability to perform essential functions of the position with or without reasonable accommodation.
5. Employees identified as qualified by both Employment and the Campus Vocational Rehabilitation Counselor shall be referred to the Hiring Unit by Employment for consideration.
6. The Hiring Unit shall evaluate the qualifications of the employee with a disability.
7. If the Hiring Unit determines that the employee with a disability can perform the essential functions of the job, with or without reasonable accommodation, the employee shall be either reassigned or, on the recommendation of the Campus Vocational Rehabilitation Counselor, offered trial employment without the necessity for recruitment. Trial employment consists of a casual appointment of one year or less. a. During a period of trial employment the Campus Vocational Rehabilitation Counselor shall monitor the placement. The Hiring Unit shall submit monthly written progress reports. (See Appendix B.) b. If trial employment is successful, the assignment shall become permanent. c. If trial employment is not successful, the employee shall be considered for subsequent appropriate positions occurring during the time period established for Special Selection consideration.
8. If the candidate is not accepted, the Hiring Unit shall consult with the Campus Vocational Rehabilitation Counselor and document in writing to Employment 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.
10. If the Hiring Unit determines that an otherwise qualified employee with a disability cannot be accommodated without undue hardship, the procedures outlined in Section IV D.1-3 above shall be followed.

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.

V. Review of Accommodation Decisions
Employees and applicants may file requests for review of campus accommodation efforts and decisions with the Affirmative Action Office. Review by Affirmative Action does not preclude an employee's right to grieve in accordance with appropriate personnel policy or bargaining agreement provisions.

APPENDIX A: Guide to Reasonable Accommodation
(Staff 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. Your Unit Human Resources Analyst and the Campus Vocational Rehabilitation Counselor are primary resources for writing the job description and performing job analyses.
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, redelegating 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 unit 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 unit?

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