IS - 2097 ADA/Reasonable Accommodation, Revision 1	Human Resources Release Date: 9/20/01 Revision 1:  9/xx/07
Policy

CNM Board Policy

Governing Board Policy Handbook 3.01, Equal Opportunity
Employee Handbook, Equal Opportunity Handbook
Employee Handbook 12.06, Safety

Administrative Directive

Introduction

As an Equal Employment Opportunity employer, Central New Mexico Community College (CNM) has fair employment practices in place that assure equal treatment and access to all programs, facilities and services in accordance with federal, state and local laws.

In compliance with the Americans with Disabilities Act of 1990 (ADA), CNM prohibits discrimination on the basis of physical or mental disability and makes reasonable accommodations for individuals with a disability unless such accommodations constitute an undue hardship on the operations of the College.  Undue hardship means significant difficulty or expense.  A requested reasonable accommodation poses an undue hardship if:

• It involves a significant difficulty that disrupts the business;
• It involves a significant expense; or
• It requires the employer to change the basis nature of its business.

Students seeking assistance with accommodations should contact the Director of Special Services.

1. Disability

1.1 Disability refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual, has a record of such an impairment, or is regarded as having such an impairment. 

1.1.1 Major life activities include:

• breathing

• walking

• sleeping

• speaking

•  learning

• seeing

• hearing

• caring for oneself

• performing manual tasks

• working

1.2 For the purpose of this policy, a qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the position that the individual holds or has applied for.

2. Reasonable Accommodation

Under the Americans with Disabilities Act (ADA), CNM may make reasonable accommodations for
an employee who can perform the essential functions of the job. 

2.1 A reasonable accommodation is any adjustment, within reason, which enables a qualified employee or applicant with a disability to perform the essential functions of the job. 

2.2 CNM provides reasonable accommodations for qualified employees or applicants with a disability unless the accommodation constitutes an undue hardship for CNM.  Such accommodations may include, but are not limited to:

• altering facilities

• acquisition or modification of equipment or devices

• appropriate adjustment or modifications of examinations, training materials or policies

• the provision of qualified readers or interpreters

• modifying work schedules

• job restructuring

• reassigning an employee to a vacant position

2.3 Employees request reasonable accommodations by notifying their immediate supervisor.  If the request is deemed reasonable, the employee, the employee’s supervisor and the appropriate Human Resources Representative, work together to arrange for the reasonable accommodations.  It may be appropriate to request documentation from a physician, through the employee, which includes:  a discussion regarding the nature of the medical condition, the accommodation requested and the duration of the accommodation from a physician through the employee.

            The accommodation may or may not be what is originally requested by the employee, but will be in compliance with the provisions of the ADA.

2.4 If an existing employee can no longer perform the essential functions of the job, he or she is responsible for identifying an open position at CNM that is within the employee's present capabilities.  The employee is then responsible for contacting the Human Resources Department regarding the new position.

3. Essential Job Functions

For each position, the Human Resources Department has a job description on file that identifies the essential functions of the job.  Essential functions are the fundamental duties of the job.

3.1       Hiring officials and search committees may ask applicants if they can perform the essential functions of a position with or without reasonable accommodation.

3.2       Hiring officials and interviewers may not ask job applicants about the existence, nature, or severity of a disability.  During the interview process, it is important to ask only those questions that relate to the essential functions of the job.

4. Funding Accommodations

4.1       Reasonable accommodations that require modification of a building’s structure are funded by through the Space Allocation Committee.  Such structures include, but are not limited to:

                        ●    walls                             ●    electrical systems                     

                        ●    doors                           ●    plumbing systems         

                        ●    supports                       ●    walkways

4.2       Reasonable accommodations that require special furniture, equipment, supplies, or assistance are funded by the individual department.

5. Facilities

All CNM buildings comply with the accessibility standards of the Americans with Disabilities Act Accessibility Guidelines.  Buildings designed and constructed before the implementation of these guidelines have been modified to be in compliance.  These guidelines can be reviewed at the Physical Plant Department or at the office of the Director of Special Services.

6. Confidentiality

Information regarding requests and determinations for accommodation is confidential and maintained in the Human Resources Department.  This information is disclosed only to need-to-know parties.

7. Disclosure

It is the responsibility of the individual with a disability to disclose the need for a reasonable accommodation.

            7.1       If an existing employee can no longer perform the essential functions of the job,                        he or she is responsible for identifying an open position at CNM that is within the                             employee’s present capabilities.  The employee is then responsible for contacting                                     the Human Resources Department regarding the new position.

8. Definitions

Disability                                          Disability refers to a physical or mental impairment that
substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded
as having such an impairment.

Essential functions                            The fundamental duties of the job.

Qualified employee or applicant        An employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the
position that the employee holds or has applied for.

Reasonable accommodations            Adjustments, within reason, which enable a qualified employee
or applicant with a disability to perform the essential functions
of the job.  What is considered a reasonable accommodation
in a particular situation depends on the circumstances.

Undue hardship                                A significant difficulty or expense for CNM and its instructional programs. 

Forms:	Not Applicable
Support Materials:	Governing Board Handbook 3.01, Equal Opportunity Statement Employee Handbook, Equal Opportunity Statement Employee Handbook 12.06, Safety IS-2008, Equal Employment Opportunity IS-2030, Employee Assistance Program IS-2006, Family and Medical Leave Act IS-2093, Workers' Compensation CBA, Communication Workers, Article 3, Non-Discrimination CBA, Full-time Faculty, Article 8, Non-Discrimination CBA, Part-time Faculty, Article 14, Non-Discrimination CBA, Instructional Support, Article 21, Non-Discrimination CBA, Security, Article 14, Non-Discrimination
Reference Materials:	Americans with Disabilities Act of 1990