REASONABLE ACCOMMODATION PROCEDURES

Adopted by Spokane Public Library Board of Trustees on September 27, 2011.

1. GENERAL

1.1 The Americans with Disabilities Act and the Washington Law Against Discrimination require employers to provide reasonable accommodation to employees and applicants for employment who have disabilities, unless the accommodation would impose an undue hardship. The library is committed to providing reasonable accommodation to its employees and applicants for employment and has adopted these procedures to ensure that reasonable accommodation requests are handled promptly and fairly.

1.2 This document is divided into the following sections:

• SECTION 1 – GENERAL
• SECTION 2 – PROCEDURES FOR REASONABLE ACCOMMODATION
• SECTION 3 – REASONABLE ACCOMMODATIONS PROVIDED
• SECTION 4 – UNDUE HARDSHIP

2. PROCEDURES FOR REASONABLE ACCOMMODATION

2.1 To request a reasonable accommodation an individual with a disability need not mention the ADA or use the phrase “reasonable accommodation,” plain language will suffice. An individual may request a reasonable accommodation at any time. The request can be made during the application process, after being offered a job or at any subsequent time at which the person with a disability becomes aware of a workplace barrier that is preventing him or her, due to a disability, from performing a job. When a qualified individual with a disability has requested reasonable accommodation, the manager receiving the request should immediately consult with the Human Resources Manager who will facilitate the accommodation process.

2.2 The accommodation process involves a systematic and in-depth review of the job requirements and the limitations or performance problems the employee’s disability creates. The purpose of this review is to identify changes or modifications that will allow an employee to perform the essential job duties free from workplace obstacles the employee’s disability previously created. The steps involved in determining an appropriate accommodation will depend upon the particular circumstances, but will usually include the following elements:

2.2.1 Qualified Individual with a Disability

A “qualified individual with a disability” is a person who:

• Satisfies the job related requirements of the position, and
• Can perform the “essential functions” of the position despite their disability, or who
• With “reasonable accommodation” can perform the essential functions of the position.

“Satisfies job-related requirements” means that the individual possess the appropriate educational background, knowledge, employment experience, skills, and license required for the position.

2.2.2 Essential Functions

If the job-related requirements are satisfied the next step will be to identify the essential functions of the position. Essential functions are the fundamental duties of a position – marginal or peripheral functions are not essential functions. A function may be essential because:

• The reason the position exists is to perform that function;
• Of the number of employees available among whom the performance of that function can be distributed; or
• It is highly specialized and requires specific expertise or skill to perform.

Factors to be considered in determining essential functions include the following:

• The library’s judgment as to which functions are essential;
• Written job descriptions;
• The consequences of not requiring the employee to perform the function;
• The terms of a collective bargaining agreement or MOU;
• The work experience of past and present incumbents in the position.

2.2.3 Reasonable Accommodation

If the individual cannot perform the essential functions despite their disability, the next step is to determine whether reasonable accommodation would enable the individual to perform the essential functions of the position. Accommodation is any change in the work environment or in the way in which a job or a process is usually performed that enables an individual with a disability to enjoy equal employment opportunities. Categories of accommodations involve modifications or adjustments:

• To a job application process so as to enable an individual with a disability to be considered for the position.
• To the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, enabling a qualified individual with a disability to perform the essential functions of that position.
• That enable an employee with a disability to enjoy equal benefits and privileges of employment as those enjoyed by other similarly situated employees without disabilities.
• That make existing facilities and equipment used by employees readily accessible to, and usable by, individuals with disabilities.

Accommodation applies to:

• All employment decisions and to the job application process.
• All services and programs provided in connection with employment.
• Non-work facilities provided by the library to all employees.
• Known disabilities.

The library will consult with the individual with a disability to ascertain the precise job-related limitations imposed by the individual’s disability and how those limitations could be overcome with a reasonable accommodation. Potential accommodations will be identified and the effectiveness they would have in enabling the individual to perform the essential functions of the position will be assessed. The preferences of the individual to be accommodated will be considered and the library will select and implement the accommodation that is most appropriate for both the employee and the library. Accommodation is not required if it will eliminate essential functions of a position from the disabled individual’s job.

2.2.4 Requests for Medical Information

If the nature of a disability or the need for a reasonable accommodation is not clear, the library may request that the employee or applicant provide medical information about his or her functional impairment and need for a reasonable accommodation in order to evaluate the request. Any medical information obtained in connection with a reasonable accommodation request will be kept in a file separate from the employee’s personnel file or applicant’s job application, and will be kept confidential. Medical information will be disclosed only to: 1) library officials who participate in making decisions on a reasonable accommodation request; 2) supervisors and managers who need to know about necessary restrictions on the work or duties of the employee or about the necessary accommodations; 3) managers, supervisors and others who may be involved with safety issues if the disability might require emergency treatment; and 4) worker’s compensation offices where permitted.

3. REASONABLE ACCOMMODATIONS PROVIDED

3.1 Reasonable accommodations may include, but are not limited to, the following:

• Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
• Restructuring of job assignments.
• Reallocating peripheral job functions.
• Establishing part-time positions and/or modifying work schedules.
• Reassigning an employee to a vacant position which the employee is qualified to perform.
• Providing equipment and assistive devices where needed.
• Providing qualified readers and/or interpreters.
• Providing communication systems for the sensory impaired. Each case will be judged on its own merits; what may be reasonable in one case may be an undue hardship in another.

3.2 Reasonable accommodation does not include providing a prosthetic limb, wheelchair, or eyeglasses to an individual or providing as an accommodation any amenity or convenience that is not job-related and that is not provided to employees without disabilities.

3.3 It is unlawful not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless providing that accommodation would impose an undue hardship on the operation of the library.

3.4 If it is determined after the interactive process that the library cannot reasonably accommodate an individual, the library will notify the individual as to the determination.

4. UNDUE HARDSHIP

4.1 The library will not provide an accommodation that imposes an undue hardship on the operation of the library. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive; or that would fundamentally alter the nature or operation of the library.

4.2 Whether a particular accommodation will impose an undue hardship is determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation will create an undue hardship:

• The nature and cost of the accommodation;
• The financial resources of the library to accommodate a change in operating practices;
• The number of employees available to assist with the accommodation; and
• The type of operations impacted including the composition and functions of the workplace.