Americans with Disability Act (ADA)
The Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) seek to eliminate discrimination against individuals with disabilities in the areas of employment, transportation and public accommodations. ADA prohibits employers from excluding people from jobs, services, activities or benefits based on their disabilities.
The ADA defines disability with respect to an individual as:
- A physical or mental impairment that substantially limits one or more major life activities of such individual;
- A record of such an impairment; or
- Being regarded as having such impairment.
It also defines:
- A qualified individual as one who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires.
- A substantial limitation as an impairment that prevents the performance of a major life activity that the average person in the general population can perform; or a significant restriction as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the average person in the general population.
- A reasonable accommodation as a modification or adjustment to the job application process or the work environment that enables a qualified person with a disability to be considered for a position, or enjoy the same benefits and privileges of employment as are enjoyed by similarly situated employees without disabilities.
Procedures for Requesting ADA Accommodations
Employees can initiate the accommodation process by requesting an accommodation for a disability to the Employee Relations Department. If you believe you have a qualifying disability and are seeking accommodations in the workplace to enable you to perform your essential job functions, you should contact the Kimberly Waiters; Employee Relations Coordinator IV at (817) 814-2778, to begin the interactive process as required by federal law.
Steps in the Process:
- Employee submits a request in writing to the Kimberly Waiters, at (817) 814-2725 (fax). See “Accommodation Request Form” below or on the District’s website.
- The employee provides the Employee Relations Coordinator adequate documentation from a qualified health care professional of a disability or impairment on the District’s form. Reasonable accommodations will not be provided prior to the receipt of adequate documentation as determined by the District.
- After receiving the documentation from the health care provider, the Employee Relations Coordinator will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, the Employee Relations Coordinator can request that the employee obtain additional or clarifying information from the heath care provider.
- The Employee Relations Coordinator speaks with the employee to identify and discuss accommodations to perform the essential functions of the job.
- The Employee Relations Coordinator discusses requested accommodations with principal and/or supervisor.
- The Employee Relations Coordinator determines the feasibility and appropriateness of the requested accommodation(s) after reviewing all the information. If, appropriate the request will be sent to the ADA committee for further deliberations
- The Employee Relations Coordinator notifies the employee in writing of its determination as to appropriate accommodation(s) to be implemented or the explanatory denial of the request or portions of the request. The principal/supervisor is also notified in writing.
Please note: Having a medical condition alone is not enough to make an employee eligible for accommodations under the American with Disabilities Act Amendment Act of 2008 (ADAAA).
The District reserves the right to obtain an independent medical opinion concerning the impairment for which an employee seeks an accommodation at District expense.