Original Date: 11/1/1995 * Last Revision Effective: 10/9/2024
Policy Contact: Vice President, Human Resources
Policy
The Washington State Supreme Court has stated that employers have an obligation to reasonably accommodate employees who are mentally or physically incapacitated due to injury or illness (on or off the job) before any separation action is taken. Failure to reasonably accommodate a disabled employee constitutes discrimination.
For the purpose of the reasonable accommodation process, disabled individuals are defined by the State Human Rights Commission per RCW 49 60 040 as persons with physical, mental, or sensory impairment(s) that must have a substantially limiting effect upon the individual’s ability to perform their job, the individual’s ability to apply or be considered for a job, or the individual’s access to equal benefits, privileges, or terms or conditions of employment.”
These guidelines are intended to provide guidance to both the college and the individual in a case where reasonable accommodation is potentially indicated.
General
These guidelines are to be used in accordance with the rules pertaining to reasonable accommodation outlined in Washington State Human Rights Commission also provides guidance pertaining to any reasonable accommodation issues or questions.
Responsibilities
Responsibilities of the Employee
- An employee who is requesting reasonable accommodation will submit the request to his or her immediate supervisor.
- The request should state the nature of the disability and the accommodation desired.
- The request should be accompanied by a medical statement which provides the following information:
- pertinent diagnosis;
- prognosis;
- anticipated duration of the disability;
- recommended accommodation and anticipated duration of the need for such accommodation.
Responsibilities of the College
- The college will make a good-faith effort to accommodate the employee according to the following procedures:
- Upon receipt of the employee’s request, the supervisor shall notify the appropriate unit administrator and the vice president of human resources.
- The vice president of human resources or his/her designee will schedule a personal interview with the employee to discuss, consider, and gain an understanding of the employee’s situation, capabilities, skills, knowledge, and employment interests. As part of the interview, the vice president of human resources shall review with the employee information regarding transfer, lateral movement, voluntary demotion (WAC 251-19-100), and separation of an employee due to mental, sensory, or physical incapacity (WAC 251-10-070), and shall supply copies of the appropriate rules if requested.
- Based on the request, medical statement, and interview, the vice president of human resources will propose an appropriate accommodation effort to the employee, supervisor, and unit administrator. The accommodation may include, but is not limited to, any of the following examples:
- Modification of the employee’s regular job duties and/or work schedule within the current position. Such modifications would enable the employee to perform the duties of the position.
- Assignment to a different position within the current class. The reassignment would enable the employee to perform the duties of the position.
- Opportunity to apply for other employment within the institution per WAC 251-17-090 and 251-01-415(1)(b).
- Temporary appointment in accordance with WAC 251-01-415(1) and (3) or exempt appointment in accordance with WAC 251-04-040(5).
- Leave of absence per WAC 251-22-165 or 251-22-167.
- If all of the affected persons are unable to agree on the appropriate accommodation, the vice president of human resources shall decide. That decision is subject to appeal under other procedures of the college.
- In the event that the employee is separated from the college, the vice president of human resources shall provide to the employee information pertaining to reemployment (WAC 251-10-080) and to the probationary period upon returning to work (WAC 251-10-090).
- The college will provide assistance to a former employee who is seeking reemployment, such as, but not necessarily limited to, the following:
- assessment of job classes for which the former employee is qualified;
- assistance regarding the employment/application process;
- placement on appropriate eligible lists through the competitive process per WAC 251-17-090(4);
- access to staff training programs relevant to job categories for which the former employee might become qualified.
- As appropriate to each situation, the vice president of human resources is responsible for providing the employee with information and copies of the rules regarding the following:
- examination and eligibility procedures and rules (WAC 251-17-090);
- definition and composition of eligible lists (WAC 251-18-80);
- training and development for returning employees (WAC 251-24-030).
- Dissemination. These guidelines shall be:
- posted on the personnel bulletin board;
- given to each new employee;
- given to any individual employee at the time of a request for accommodation;
- given to any other employee upon request.
Relevant Laws and Other Resources
Chapter 162.22 WAC Employment, Handicapped Persons
RCW 49 60 040; Discrimination, Human Rights Commission, Definitions
Chapter 357-26 WAC Reasonable Accommodation
Revision History
Original 11/1/1995
Revision 5/21/2009; 4/21/2015; 10/9/2024
Approved By
Board of Trustees
Last Updated October 10, 2024