Reasonable Accommodation for Employees: Administrative Procedure 7348

Purpose

This procedure is a comprehensive resource concerning the requirements for everyone involved in the reasonable accommodation process. It explains how individuals with disabilities should request reasonable accommodation, how requests are processed, and how Requestors may seek review of decisions denying requests. This procedure supplements relevant personnel policies and collective bargaining agreements and should be read in conjunction with those provisions; it does not alter the District’s obligations under those provisions.

Separate from this reasonable accommodation procedure, there is a process for any employee who is injured at work and becomes disabled either permanently or temporarily. This is managed by the Workers’ Compensation Unit. Information about this process and the forms required can be obtained from Human Resources.

Reasonable accommodation is established through an interactive process and may include but is not limited to:

  • Adapting existing physical facilities used by the employee
  • Restructuring the employee’s job
  • Modifying work schedules
  • Adjusting or modifying training materials or policies
  • Acquiring or modifying work equipment or devices
  • Providing qualified readers or interpreters.

Please note, reassignment to another vacant position is a reasonable accommodation of last resort.

Accommodation that would pose an undue hardship on the operations of the District is considered unreasonable and shall not be approved. The fact that, during the interactive process, one accommodation is deemed ineffective or determined that it would cause undue hardship on LACCD does not necessarily mean that this would be true of another accommodation. Similarly, if an employee with a covered disability requests removal of an essential function or some other action that is not required by law, LACCD will still explore whether there is reasonable accommodation that will enable the employee to perform that essential function.

Questions About Reasonable Accommodation

For answers to questions about the reasonable accommodation procedure at LACCD, contact:

These procedures will be provided in alternative formats when requested.

Definition of Key Terms

This section provides “plain language” definitions of the key terms used in these procedures. This section is not intended to change the meanings assigned to these statutory terms.

This section provides “plain language” definitions of the key terms used in these procedures. This section is not intended to change the meanings assigned to these statutory terms.

The "ADA Coordinator" is the person at each LACCD college or site designated to administer the reasonable accommodation procedure. At each LACCD college, the ADA Coordinator is the person designated by the College President. At the Educational Services Center (ESC), the ADA Coordinator is the person designated by the Deputy Chancellor.

To be eligible for reasonable accommodation, an individual must either have a physical or mental impairment that limits a major life activity, or must have a record (a history) of a physical or mental impairment that limited a major life activity. An individual who is only regarded as having a disability is not entitled to reasonable accommodation. Determination of disability will comply with the requirements of the ADA which requires a broad interpretation of the term and generally does not require an extensive analysis.

The privileges of employment such as:

  1. Training,
  2. Services (e.g., employee assistance programs, credit unions, cafeterias, lounges, gymnasiums, auditoriums, transportation), and
  3. District-sponsored social functions (e.g., retreats, company outings).

Essential functions are those job duties that are fundamental to the position that the individual holds or desires. The term “essential functions” does not include marginal functions of the position. “Marginal functions” are those job duties that are less important or critical to the success or failure of the specific position. A function can be “essential” if, among other things:

  • The position exists to perform the function
  • A limited number of other employees are available to perform the function, or
  • The function is highly specialized and the individual is hired based on the individual having those specialized skills.

​​​​Evidence of whether a particular function is essential includes:

  • The department’s judgment (generally a supervisor’s judgment)
  • A written position description developed before a job is advertised
  • The amount of time spent performing the function
  • The consequences of not requiring the person in the position to perform the function
  • The terms of a collective bargaining agreement
  • The work experience of past incumbents in the job or current incumbents in similar jobs.

Determination of whether a particular function is essential must be done on a case-by-case basis because the duties of a specific job may deviate from what is indicated in a position description or from the duties of employees holding a similar job.

Extenuating circumstances are factors that could not reasonably have been anticipated or avoided in advance of the request for reasonable accommodation or limited situations in which unforeseen or unavoidable events prevent prompt processing and delivery of a reasonable accommodation, (e.g., assistive technology such as screen reading software is not compatible with existing equipment).

Health care or rehabilitation professionals include any person who has completed a course of study and is licensed to practice in a field of health care, which includes the diagnosis and assessment of the particular disability or disabilities in question.

The interactive process refers to an information-gathering approach used by an employer with the employee to evaluate a request for reasonable accommodation. It is intended to be a flexible approach that centers on the communication between an employer and the individual requesting reasonable accommodation (the Requestor), but may (and often does) involve obtaining relevant information from a supervisor and an individual’s health care provider. This process begins upon receipt of an oral or written request for reasonable accommodation. The person who will decide whether to approve or deny reasonable accommodation (at LACCD it is the ADA Coordinator for the college or site) engages in a discussion with the Requestor and other relevant individuals (e.g., a supervisor, a Requestor’s health care provider) to collect whatever information is necessary to make an informed decision about whether the Requestor is covered as an individual with a disability and, if so, what reasonable accommodation will effectively eliminate the barrier identified by the Requestor and permit an equal opportunity to apply for a job, to perform a job or to gain access to the workplace, or to enjoy access to the benefits and privileges of employment.

Invisible or hidden impairments include disabilities or conditions that are not obviously apparent or visible, such as asthma, arthritis, chronic fatigue syndrome, epilepsy, kidney disease, diabetes, cancer, HIV infection, chronic depression, learning disabilities, autism spectrum disorder, and mild intellectual disability.

Major life activities include activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Major life activities also include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

Mental impairments include any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness (e.g., major depression, bipolar disorder, anxiety disorders), schizophrenia, and specific learning disabilities.

A disability is “obvious” when the impairment is easily seen, recognized, or understood. Examples include amputation, paralysis, cerebral palsy or blindness identified by a person using a mobility cane or service animal. Similarly, a need for accommodation is “obvious” when the way the impairment affects the individual is easily seen, recognized, or understood. For example, if an employee uses a wheelchair and asks for the desk the employee uses for work to be raised, the need for accommodation is “obvious,” even if information about the exact desk height may still need to be requested.

Physical impairments include any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems such as neurological, musculoskeletal, special sense organs, cardiovascular, reproductive, digestive, immune systems, respiratory, genitourinary, hemic, circulatory and lymphatic, skin, normal cell growth, and endocrine system.

An individual with a disability is “qualified” for the position that the individual currently holds as an employee, or seeks as an applicant for employment, if the individual:

  1. Satisfies the requisite skill, experience, education, and other job-related requirements of the position, and
  2. Can perform the essential functions of the position, either with or without reasonable accommodation.

A reasonable accommodation is any change in the workplace or in the way things are customarily done that provides an equal employment opportunity to an individual with a disability. LACCD provides reasonable accommodation:

  • When an individual with a disability needs an accommodation to have an equal employment opportunity in the application process;
  • When an employee with a disability needs an accommodation to perform the essential functions of the job that the individual currently holds as an employee or to gain access to the workplace; and
  • When an employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, office-sponsored events).

A modification or adjustment is “reasonable” if it appears to be a feasible or plausible solution, including a common device or a common-sense solution to removing a barrier in the workplace. To be reasonable, an accommodation also must be effective in meeting the needs of the individual.

  • A “reasonable” accommodation for an employee with a hearing disability could be for the employer to provide a TTY and relay service. It is a common device and service used to facilitate communication between individuals who are hearing and individuals who are hearing-impaired. Moreover, it would effectively enable the employee to perform the essential functions of the job.
  • A “reasonable” accommodation for an employee who becomes easily fatigued while standing at a job that can be effectively performed while sitting could be for the employer to provide a stool for sitting to reduce the fatigue the employee experiences. It is a common-sense solution to remove a workplace barrier that the employee be required to stand when the job can be effectively performed sitting down. It is also effective because it addresses the employee's functional limitation and enables the employee to continue performing the essential functions of the job.
  • A “reasonable” accommodation for an employee with a disability that makes it difficult to adjust to alterations in the daily work routine, and who otherwise effectively performs the essential functions of the job duties, could be to modify how often the work routine is adjusted. Instead of rotating monthly, the employee could be assigned to work in a permanent area or allowed to rotate less frequently. These appear to be feasible solutions to this employee's problems dealing with changes to the work routine. These solutions also appear to be effective because they would enable the employee to continue performing the essential functions of the job.

When an employee (not an applicant for employment) who, because of a disability, can no longer perform the essential functions of the current job, with or without reasonable accommodation, it may be possible for the employee to have the opportunity to change jobs. “Reassignment” means moving an employee with a disability to an existing or anticipated vacant job that the employee is qualified for and can perform the essential job functions of, with or without reasonable accommodation, as long as it does not create an undue hardship for the employer. “Reassignment” is a form of reasonable accommodation of last resort. In the event that LACCD determines through the interactive process that it cannot reasonably accommodate the work restrictions of an employee with a disability within the employee’s current position, LACCD will consider reassignment according to relevant personnel policies and collective bargaining agreements, including the Personnel Commission Laws and Rules 750 for classified employment, Reassignment of Employees Because of Disability, and applicable seniority requirements.

Temporary accommodation is any temporary or short-term measure put in place until an approved reasonable accommodation is available.

Undue hardship means that an employer would incur significant difficulty or expense in providing a certain accommodation. Applicable federal and state laws and regulations do not require LACCD to provide an accommodation that causes an undue hardship to LACCD. Determination of undue hardship is always made on a case-by-case basis, considering such factors as the nature and net costs of the accommodation, the overall financial resources of the District, and the impact of the accommodation on the operation of the District, including the impact on LACCD’s ability to conduct business. Most undue hardship assessments involve non-financial considerations, such as the timely performance of job duties and the ability to effectively serve the public.

Section 1: Roles and Responsibilities

An employee or applicant for employment with a disability:

Has the right to:

  • Assistance from the ADA Coordinator or supervisor to make a request, if assistance is needed
  • For the privacy of reasonable accommodation requests to be maintained during the interactive process and for information about the request to be shared only with those individuals having an operational need to know

Has the responsibility to:

  • Ask the supervisor or the ADA Coordinator for assistance when the Requestor’s need for assistance to make a request is not obvious
  • Respond promptly to requests for information
  • Cooperate throughout the interactive process (failure on the part of the employee or applicant for employment to cooperate in the interactive process may result in a denial of the reasonable accommodation request)
  • Notify the ADA Coordinator when accommodation is received (notice is only required for the first occurrence of an established recurring reasonable accommodation such as sign language interpreters, captioning, large print, etc.)
  • Notify the ADA Coordinator or supervisor of any changes in disability status or medical condition affecting a request
  • Notify the ADA Coordinator or supervisor of any problems with accommodation provided
  • Submit any requests for appeal of reasonable accommodation decisions in writing, including the explanation for the request, within five (5) business days to the ADA Compliance Administrator.

  • Immediately forwards requests for reasonable accommodation to the ADA Coordinator (as soon as practicable, within two (2) business days absent extenuating circumstances)
  • Clarifies with the individual whether reasonable accommodation is requested if the nature of the initial communication is unclear
  • Participates in the interactive process to ensure that any accommodation, if appropriate, meets the individual’s disability-related job needs, does not entail eliminating essential functions of the position, is feasible, and does not pose an undue hardship on LACCD
  • Notifies the ADA Coordinator of any problems with accommodation provided.

  • Administers the reasonable accommodation program for an LACCD college or site
  • Reviews requests for reasonable accommodation from employees and applicants for employment for completeness
  • Contacts the employee or applicant for employment within seven (7) business days after the reasonable accommodation request is received
  • Assesses requests to determine whether the individual meets the definition of an individual with a disability
  • Obtains and evaluates documentation supporting a reasonable accommodation request (such as medical information) when the disability and/or need for accommodation is not obvious
  • Facilitates the interactive process with the requesting employee and supervisor
  • Works with the employee’s supervisor to ensure that any accommodation, if appropriate, meets the individual’s disability-related job needs, does not entail eliminating essential functions of the position, is feasible, and does not pose an undue hardship on LACCD
  • Works with applicants for employment with disabilities who need reasonable accommodation to apply for or be interviewed for a job
  • Issues timely decisions approving or denying reasonable accommodation requests
  • Makes the final decision on each reasonable accommodation request
  • Ensures approved reasonable accommodations are implemented.

Section 2: Requesting Reasonable Accommodation

An employee or applicant for employment must inform LACCD of a need for an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a covered disability. An individual need not have a particular accommodation in mind before making a request. An employee or applicant for employment may request a reasonable accommodation at any time, orally or in writing.

A request for reasonable accommodation does not have to include any special words, such as “reasonable accommodation,” “disability,” or “Rehabilitation Act.” A request is any communication in which an individual asks or states a need for LACCD to provide or to change something because of a medical condition. While a person does not have to specify a particular accommodation, it is helpful if the individual can suggest one. It is sufficient for the individual requesting reasonable accommodation to state that some sort of change or assistance is required due to a medical condition. A supervisor, other LACCD official, or the ADA Coordinator should ask the individual whether the individual is requesting a reasonable accommodation if the nature of the initial communication is unclear.

Requests for reasonable accommodation are statements made to LACCD officials by:

  • Employees
  • Applicants for employment
  • Individuals acting on behalf of individuals with disabilities.

A family member, health professional, or other representative may request a reasonable accommodation on behalf of an LACCD employee or applicant for employment. For example, a doctor’s note outlining medical restrictions for an employee may constitute a request for reasonable accommodation.

If a supervisor is informed that an employee has a disability, such as an intellectual disability, that compromises the employee’s capacity to ask for a reasonable accommodation, and it appears that one may be needed, the supervisor should ask whether accommodation is needed. If the employee responds to the inquiry that accommodation may be needed, then the supervisor should interpret this as the employee’s request for reasonable accommodation and continue the process as detailed below.

Requests may include:

  • Services
  • Equipment
  • Job restructuring
  • Other modifications or adjustments.

Requests are for reasons related to a medical condition in order to:

  • Enable an applicant for employment to apply for a job
  • Enable an employee to perform the essential functions of the job held or to gain access to the workplace
  • Enable an employee to enjoy equal access to benefits and privileges of employment (e.g., productivity tools, trainings, office-sponsored events).

Requests and reasonable accommodation are private information.

Requests may be made by:

  • LACCD employees
  • Applicants for employment
  • Individuals acting on behalf of individuals with disabilities or individuals with medical conditions.

Requests may be made to any of the following responsible officials:

  • The ADA Coordinator
  • The Requestor’s supervisor or LACCD official in the Requestor’s chain of command
  • LACCD officials involved in the employment application process.

Employees making requests to perform work or enjoy workplace benefits should send an email to the ADA Coordinator.

Requests for reasonable accommodation in the application process for a job with LACCD should be directed to the District ADA Compliance Officer.

Written requests:

  • In any format (email preferred)
  • To any responsible official listed in Section 2A.

Unwritten requests during conversations:

  • In person
  • By telephone
  • With any responsible official listed in Section 2A.

Documenting Unwritten Requests

Requestors who make unwritten requests should follow up by confirming requests in email to the ADA Coordinator, as soon as practicable, preferably within two (2) business days. Assistance is available from the ADA Coordinator or the District ADA Compliance Officer if an employee or applicant for employment needs help to confirm a request.

LACCD officials should immediately record unwritten requests they receive from employees by sending an email describing the request to the ADA Coordinator.

Time Limit for Providing Reasonable Accommodation to Requestor

The time limit begins to run from the day the request is first made regardless of the form of request, so long as an employee or applicant for employment asks an LACCD responsible official for a change or adjustment in work because of a medical condition.

An individual may request reasonable accommodation regardless of whether the individual has previously received or been denied accommodation. In some situations, a new request may indicate that circumstances have changed (e.g., the medical condition has worsened or an employee has been assigned new duties that require an additional or different reasonable accommodation). The ADA Coordinator may not refuse to address a request for reasonable accommodation, and a reasonable accommodation may not be denied, based solely on a belief that the accommodation should have been requested earlier.

An employee needing a reasonable accommodation on a regularly recurring basis, such as receiving the monthly staff meeting agenda ahead of time, must notify the ADA Coordinator when the accommodation is received only once, preferably by submitting the “Employee Accommodation Confirmation” form. If the reasonable accommodation is needed on a known scheduled basis (e.g., a weekly staff meeting), the ADA Coordinator should ensure that an employee’s supervisor makes the appropriate arrangements without requiring a request in advance of each occasion. However, if the need for reasonable accommodation will happen on an unscheduled or infrequent basis (e.g., the need for help obtaining materials from conferences 3 or 4 times a year), the employee requesting reasonable accommodation must give appropriate advance notice each time the reasonable accommodation is needed.

Repeated requests are not necessary if employee has both:

  1. Disability known to LACCD, such as an obvious disability or a disability previously-documented by LACCD, and
  2. Need for recurring reasonable accommodation established through the interactive process.

Examples of recurring reasonable accommodation established through the interactive process where a repeated request is not necessary include:

  • Sign language interpreting at weekly or occasional staff meetings and for training attended by a Deaf or hard-of–hearing employee fluent in sign language
  • Captioned training material, large print, etc.
  • Reader services
  • Upgrade of assistive technology software to make the assistive technology compatible with new programs in general use within LACCD
  • Assistance during building evacuation, shelter-in-place, or other emergency or drill
  • Reasonable accommodation for regular business travel.

Section 3: Minimum Information Required to Process Requests

Do not submit documentation of a disability or medical condition with a request for reasonable accommodation. This is not part of the minimum information required to make a request for reasonable accommodation. Requestors should be prepared to submit medical information related to a disability or medical condition if requested to do so by the ADA Coordinator.

Requests for reasonable accommodation can come from LACCD employees. The minimum information each request should include is:

  • Contact information
    • Requestor’s name
    • Email address
    • Telephone number
  • Description of functional limitation
  • Employment tasks or duties that the Requestor is having trouble performing, or benefits of employment that the Requestor is having trouble accessing, because of the described functional limitation.

Requests for reasonable accommodation can come from applicants for employment. The minimum information each request should include is:

  • Contact information
    • Requestor’s name
    • Email address
    • Telephone number
  • Description of functional limitation
  • Parts of the job application process the Requestor is having trouble completing because of the described functional limitation.

Section 4: Requesting Information from LACCD Employees

The minimum information listed in Section 3 is the only information required to notify LACCD that a reasonable accommodation is being requested and to begin the interactive process. The ADA Coordinator may require additional information described in this section to evaluate the request. LACCD has the right to request additional information, including medical information from employees. The ADA Coordinator may deny the request if the Requestor does not provide the requested information to the ADA Coordinator.

Delay in providing the requested information may delay a decision on the request. The Requestor should be prepared to provide this information promptly if the ADA Coordinator requests it.

Additional information the ADA Coordinator may request from an LACCD employee requesting reasonable accommodation includes:

  • Job title
  • Office or department
  • Name of immediate supervisor
  • Office room number
  • Other locations where reasonable accommodation may be needed (including telework location)
  • Preferred communication or contact method
    • TTY or text cell number
    • LACCD Email address
    • Personal Email address
    • LACCD phone number
    • Home phone number
    • Mobile phone number

LACCD has the right to request medical information from employees who request reasonable accommodation. The ADA Coordinator will determine whether medical information will be requested on a case-by-case basis. See Section 6G: Medical Information describing the procedures used by the ADA Coordinator if requesting medical information is necessary during the interactive process.

The Requestor should be prepared to provide information promptly to avoid a delay in the ADA Coordinator’s decision about the request. Failure to provide requested medical information may result in the denial of requests.

When Medical Information Will Not be Required

No medical information will be requested by the ADA Coordinator if:

  • Both the disability and the need for accommodation are obvious, or
  • The ADA Coordinator determines the individual has already provided LACCD with sufficient information to substantiate that the individual has a covered disability and needs the reasonable accommodation requested.

When Medical Information Will be Required

Medical information will be required when the ADA Coordinator needs it to evaluate the Requestor’s current medical condition or disability status and/or the effectiveness of the requested accommodation.

Medical Information or Documentation that May be Required

LACCD employees may be required to provide:

  • Information related to the request, but not complete medical records or information unrelated to the request
  • Nature, severity, and duration of the Requestor’s impairment
  • Activity or activities that the impairment limits
  • Extent of the functional limitation
  • Essential functions of the employee’s job affected by the limitation or other reason accommodation is required
  • Example of how the requested accommodation will enable the Requestor to perform a job or enjoy a benefit of employment
  • Basis for a health professional’s medical conclusion.

First Request for Medical Information

The first request for medical information will contain:

  • Description of the medical information needed
  • Explanation of why it is needed
  • Explanation of potential consequences if the Requestor does not provide the requested information
  • Privacy Act Notice.

Subsequent Requests for Medical Information

If the information provided in response to the first request for medical information is inadequate to establish that the Requestor has a disability and needs the requested accommodation, then the ADA Coordinator will:

  • Explain why the submitted documentation is insufficient
  • Identify information that is needed
  • Explain potential consequences if the Requestor does not provide the requested information
  • Give the Requestor opportunity to provide the information
  • Provide Privacy Act Notice.

Medical Release

LACCD has the right to ask the Requestor to sign a limited release to authorize the Requestor’s physicians or health care professionals to provide relevant medical information, as described in Section 4B: Medical Information May be Required to Process Request, and/or records to medical experts chosen and paid for by LACCD in order for the ADA Coordinator to establish that the Requestor has a disability and needs the requested accommodation.

Delay or Failure to Provide Requested Information

The Requestor’s delay in providing the requested medical information, including the Requestor’s failure to sign a medical release, will delay the ADA Coordinator’s decision and may delay providing the reasonable accommodation.

The Requestor’s failure to provide the requested medical information or to sign a medical release may result in the denial of an accommodation request. The ADA Coordinator will give an employee ten (10) business days to respond to a request for medical information or access to related medical information before determining the employee has not complied with the request.

Under applicable laws, information obtained in connection with the reasonable accommodation process must be kept private and shared only with those individuals having an operational need to know. This means that the existence of an accommodation request, details of the request, whether it has been approved, and information about functional limitations, all must remain confidential. This includes all medical information that LACCD obtains in connection with a request for reasonable accommodation, which must be kept in files separate from the individual’s personnel file. Information relevant to an accommodation request must be stored so that only the ADA Coordinator or LACCD officials involved in addressing the request have access to it. The ADA Coordinator will share certain information with an employee’s supervisor, other District staff, or external officials as necessary to make appropriate determinations on a reasonable accommodation request.

Optional Information About Accommodation

The Requestor may submit optional information that could assist in the acquisition, installation, or provision of an accommodation to the ADA Coordinator:

  • At time the request is made
  • During the interactive process
  • After a decision is made.

Optional information may be requested but it will not be required. Optional information provided by the Requestor does not limit LACCD to acquiring any particular equipment or using any particular vendor for services. The equipment provided as an accommodation may differ from the equipment requested.

Equipment

Examples of optional equipment information:

  • Description of equipment requested
  • Model number or version
  • Name of vendors with contact information such as URL, email, or phone number.

Services

Examples of optional services information:

  • Detailed description of services requested
  • Dates on which intermittent services are needed
  • Names of vendors with contact information.

Furnishings or Workspace Modifications

Examples of optional furnishings or workspace modifications information:

  • Dimensions required for accessibility
  • Turning radius of wheelchair or scooter
  • Height of work surfaces
  • Door opening hardware or mechanisms.

Section 5: Providing Timely Reasonable Accommodation

All LACCD officials involved in processing requests and providing reasonable accommodation will abide by the time limits specified in these procedures and will strive to provide reasonable accommodation in the shortest possible time. Time limits begin the first day that any LACCD official identified in Section 2A: Requestors and Responsible Officials in the Interactive Process receives a request for reasonable accommodation (whether or not information is written down) from the Requestor or a person acting on behalf of the Requestor.

During the interactive process, the date the request was made is not affected by the Requestor subsequently:

  • Documenting an unwritten request
  • Providing optional information
  • Providing additional information, except for information requested by the ADA Coordinator from the Requestor’s health care provider.

Reasonable accommodation is provided as soon as practicable and within thirty (30) business days from the date the request is made unless exceptions described in Section 5D: Exceptions Affecting Time to Provide Reasonable Accommodation apply. The thirty (30) business day period for processing of the request begins when an oral or written request for reasonable accommodation is made, and not necessarily when it is received by the ADA Coordinator. Therefore, everyone involved in processing a request should respond as quickly as possible.

Reasonable accommodation is provided within the maximum time limit for applicable circumstances as determined by the ADA Coordinator. However, if the disability is obvious or already known to the ADA Coordinator, if it is clear why reasonable accommodation is needed, and if a reasonable accommodation can be provided quickly, then the ADA Coordinator should not require the full thirty (30) business days to process the request. For example, the following requests can ordinarily be provided in less than thirty (30) business days:

An employee with insulin-dependent diabetes who sits in an open area asks for three breaks a day to test blood sugar levels in private
An employee with clinical depression who takes medication which makes it hard to get up in time to get to the office at 9:00 a.m. requests to be allowed to start work at 10:00 a.m. and still work a full scheduled workday.
An employee with a learning disability asks that the detailed agenda the employee’s supervisor distributes at the beginning of each staff meeting be distributed ahead of time because the employee’s disability makes it difficult to read quickly and more time is needed to prepare.
The ADA Coordinator and other LACCD officials with responsibilities for processing reasonable accommodation requests and providing accommodation will take reasonable steps to ensure that their temporary absence will not delay providing accommodation.

If the ADA Coordinator must request medical information or documentation from a Requestor’s health care provider, the time frame for processing the request for reasonable accommodation will stop on the day that the ADA Coordinator makes a request to the individual to obtain medical information or sends out a request for information or documentation, and will resume on the day that the information or documentation is received by the ADA Coordinator.

For each request, the reasonable accommodation is considered provided on the date the Requestor receives equipment or services or supervisor has implemented modifications to terms and conditions of employment.

Examples include the date on which:

  • Equipment is delivered, installed, and operable
  • Structural changes are completed
  • First day the training is approved or provided
  • Job modification takes effect
  • Services are available to the Requestor (even if the Requestor does not immediately use the services).

Special Circumstances, Reasonable Accommodation Expedited

In certain circumstances, a request for reasonable accommodation requires an expedited review and decision in less than thirty (30) business days. For example:

To enable an applicant for employment to apply for a job:
Depending on the timetable for receiving applications, conducting interviews, taking tests, and making hiring decisions, the need to expedite a request for reasonable accommodation may arise to ensure that an applicant for employment with a disability has an equal opportunity to apply for a job
To enable an employee to attend a meeting or training scheduled to occur within less than thirty (30) business days:
An employee is notified about a meeting scheduled to take place in five (5) business days and the employee needs a sign language interpreter in order to participate in the meeting.
The ADA Coordinator will make efforts to process the request for reasonable accommodation in time to meet the expedited time frame. If possible, the ADA Coordinator may decide to provide the requested accommodation as temporary accommodation. In this situation, the ADA Coordinator’s decision to provide temporary accommodation does not indicate that the requested accommodation has been approved and the interactive process will need to be completed before there is a final decision.

Extenuating Circumstances

Extenuating circumstances are limited situations in which unforeseen or unavoidable events prevent LACCD from providing reasonable accommodation within thirty (30) business days. Temporary accommodation will be provided, if possible, as determined by the ADA Coordinator until reasonable accommodation can be provided.

The ADA Coordinator must notify the individual of the reason for the delay, including explaining the extenuating circumstance that justifies the delay, and when the ADA Coordinator expects to conclude processing the request. The ADA Coordinator will also determine if a temporary accommodation is possible.

Examples of extenuating circumstances affecting a decision about a request:

Required information has been requested by the ADA Coordinator during the interactive process and either has not been promptly provided by the Requestor, is incomplete, or is not the information which was requested
Medical information requires extensive review by a medical professional chosen by LACCD.
Examples of extenuating circumstances affecting provision of reasonable accommodation after request is approved:

Purchasing equipment or contracting for new services where satisfying LACCD procurement requirements may take longer than the time frame for providing reasonable accommodation
Backordering equipment that is not currently available in stock
Locating a new vendor when the vendor LACCD has used for equipment or services has unexpectedly gone out of business, or cannot promptly supply needed goods or services and another vendor is not immediately available
Working with equipment, computer programs, or services on a trial basis to determine whether they meet the needs of the Requestor and the requirements of LACCD before they are purchased or leased
Making significant changes in the configuration of space within a building to remove architectural barriers or otherwise accommodate the Requestor.

Section 6: Interactive Process

Generally, after a request for reasonable accommodation has been made, the ADA Coordinator will begin the interactive process to determine what, if any, accommodation should be provided. This means that the individual requesting the reasonable accommodation and the ADA Coordinator must communicate with each other about the precise nature of the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting the individual’s needs.

Upon notification of the request, the ADA Coordinator will contact the employee or applicant for employment within seven (7) business days after the request is made, to begin discussing the reasonable accommodation request. When the disability and/or the need for accommodation is not obvious, the ADA Coordinator may ask the individual for documentation about the disability and/or functional limitations. The ADA Coordinator is entitled to know that the individual has a covered disability for which the individual needs a reasonable accommodation. Additional information will not be necessary if the disability is obvious (e.g., the individual is blind or has paralysis) or if the disability is already known to LACCD (e.g., a prior request revealed that a disability existed and there has been no change in the individual’s medical condition), and if the need for the requested accommodation is obvious.

Communication is a priority throughout the entire interactive process, but particularly where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the parties are considering different forms of reasonable accommodation. The individual making the request, the ADA Coordinator, and the supervisor, should all work together to identify effective accommodation.

When a third party (e.g., an individual’s doctor) requests accommodation on behalf of an employee or applicant for employment, the ADA Coordinator should, if possible, confirm with the employee or applicant for employment that the individual wants a reasonable accommodation before proceeding. Where this is not possible, for example, because the employee has been hospitalized in an acute condition, the ADA Coordinator will process the third party’s request if it seems appropriate (e.g., by approving immediate leave consistent with applicable LACCD leave policies) and will consult directly with the individual needing the accommodation as soon as practicable.

The ADA Coordinator may need to consult with other LACCD personnel (e.g., an employee’s supervisor, Information Technology staff) or outside sources to obtain information necessary for making a determination about the request. LACCD expects that all District personnel will give a high priority to responding quickly to an ADA Coordinator’s request for information or assistance.

A supervisor who believes that an employee may no longer need a reasonable accommodation should contact the ADA Coordinator. The ADA Coordinator will decide if there is a reason to contact the employee to discuss whether the employee has a continuing need for reasonable accommodation.

If an LACCD employee makes the request for reasonable accommodation, the recipient of the request will take the following actions.

If the recipient of the reasonable accommodation request is the employee’s supervisor or an LACCD official in the Requestor’s chain of command, within two (2) business days, or as soon as practicable absent extenuating circumstances, the recipient will:

  • Record the date of the request
  • Forward the request to the ADA Coordinator
  • Inform the Requestor that if medical information is necessary to support the request, the ADA Coordinator will contact the Requestor directly.

The supervisor or LACCD official in the Requestor’s chain of command must send any medical documents an LACCD employee requesting reasonable accommodation provides to the ADA Coordinator without reading or copying the medical documents. Forward paper records in a sealed envelope marked “Confidential: To Be Opened Only by the ADA Coordinator.”

If the recipient is the ADA Coordinator, within seven (7) business days, the ADA Coordinator will:

  • Send a notice to the Requestor acknowledging receipt
  • Record the date of request in applicable case management system
  • Consult with the supervisor involved in the request
  • Inform the supervisor of the supervisor’s responsibilities.

If someone makes a request for reasonable accommodation on behalf of the employee, within seven (7) business days of receiving the request, or as soon as practicable absent extenuating circumstances, the ADA Coordinator will:

  • Attempt to contact the employee directly to confirm that the employee has authorized the request for accommodation before proceeding
  • Continue with the interactive process to consider the request if emergency situations prevent contact with the employee (e.g., employee is hospitalized in acute condition at time of request) and consult with the employee as soon as possible.

If an applicant for employment makes the request for reasonable accommodation, the recipient of the request will take the following actions.

If the recipient of the accommodation request is someone other than the ADA Coordinator, within two (2) business days, or as soon as practicable absent extenuating circumstances, the recipient will:

  • Record the date of the request
  • Forward the request to the ADA Coordinator
  • Inform the Requestor that if medical information is necessary to support the request, the ADA Coordinator will contact the Requestor directly.

The recipient should send any medical documents an applicant for employment requesting reasonable accommodation provides to the ADA Coordinator without reading or copying the medical documents. Forward paper records in a sealed envelope marked “Confidential: To Be Opened Only by the ADA Coordinator.”

If the recipient is the ADA Coordinator, within two (2) business days, or as soon as practicable absent extenuating circumstances, the recipient will:

  • Send a notice to the applicant for employment acknowledging receipt
  • Record the date of request in applicable case management system
  • Consult with the LACCD officials involved in the request
  • Inform the LACCD officials of their responsibilities.

If someone makes a request for reasonable accommodation on behalf of the applicant for employment, within two (2) business days of receiving the request, or as soon as practicable absent extenuating circumstances, the ADA Coordinator will:

  • Attempt to contact the applicant for employment directly to confirm that the applicant for employment has authorized the request for reasonable accommodation before proceeding
  • Continue with the interactive process to consider the request if emergency situations prevent contact with the applicant for employment.

Notices may be sent by email or other effective method to the Requestor or person who made the request on behalf of the Requestor, and the supervisor or other responsible officials. Electronic notices will comply with LACCD accessibility standards. If the Requestor notifies LACCD of a need for an alternative format, notices will be sent in the alternative format to the Requestor.

Ensuring Confidentiality

All LACCD officials involved in the reasonable accommodation request process will take steps to ensure that notices will not be delivered to, nor read by, persons who do not have an operational need to know about information in the notices, other than to evaluate requests or provide accommodation.

When a notice is sent to an LACCD employee to acknowledge receipt of request, it will contain:

  • Date the request was made
  • Date by which reasonable accommodation will be provided, if approved, unless extenuating circumstances exist
  • Reference and [link to Administrative Procedure 7348: Reasonable Accommodation for Employees (opens document type)].

When a notice is sent to inform applicants for employment that a request was received, it will contain:

  • Date the request was made
  • Confirmation that reasonable accommodation will be provided for the application process on the date requested, if approved
  • Reference and [link to Administrative Procedure 7348: Reasonable Accommodation for Employees (opens document type)].

When a notice is sent to inform the Requestor of extenuating circumstances, it will contain:

  • Description of the extenuating circumstances
  • Approximate date by which reasonable accommodation will be provided, if approved
  • Developments or changes in the status of a pending request (if any) affecting the date by which the ADA Coordinator expects reasonable accommodation to be provided, if approved.

The deciding official depends on the requested accommodation.

General Authorities

The College President or Deputy Chancellor has authority to:

  • Conduct the interactive process to determine whether reasonable accommodation is available to qualified individuals with disabilities
  • Delegate responsibilities of conducting the interactive process to the ADA Coordinator.

The ADA Coordinator is delegated authority by the College President or the Deputy Chancellor to:

  • Conduct the interactive process to determine whether reasonable accommodation is available to qualified individuals with disabilities
  • Determine the Requestor’s medical or disability status
  • Request and evaluate the sufficiency of confidential medical information
  • Approve temporary accommodation
  • Approve extensions
  • Approve routine requests
  • Recommend alternative accommodation
  • Decide what accommodation should be provided under the circumstances
  • Direct LACCD officials to provide approved accommodation
  • Make referrals to other Human Resources programs
  • Deny requests when the ADA Coordinator has determined through the interactive process that no reasonable accommodation is available that would not pose an undue hardship on the operations of LACCD.

Supervisors have authority to:

  • Participate in the interactive process.

Supervisors do not have authority to:

  • Request or review medical information
  • Determine an employee’s medical or disability status
  • Deny reasonable accommodation requests
  • Disclose protected confidential information, except to those individuals having an operational need to know.

Leave

An employee may request leave as an accommodation for the employee’s own disability or medical condition when the employee expects to return to work and be able to perform essential functions of the employee’s current position. In appropriate cases, paid or unpaid leave, depending on whether the employee has paid leave available, in excess of the leave available under the Family Medical Leave Act, may be provided as reasonable accommodation for an employee’s disability. The ADA Coordinator will consult the appropriate authority, such as a representative from Human Resources for coordination of leave under applicable Collective Bargaining Agreements, when leave needs to be considered as a possible reasonable accommodation.

Leave Requested Under the Family Medical Leave Act (FMLA)

An employee may request leave under the Family Medical Leave Act for the employee’s own serious health condition or for the covered conditions of the employee’s family members. Requests for leave should be handled in accordance with LACCD’s FMLA procedures when the Requestor:

  • Is eligible for FMLA-protected leave and has not exhausted FMLA-protected balance
  • Has a serious health condition that is not a covered disability
  • Does not have a medical condition or disability and is requesting leave to care for a family member with a disability or serious health condition
  • Has specifically requested leave under the Family Medical Leave Act and not as an accommodation for a disability.

Modifying Terms and Conditions of Employment

Accommodation related to terms and conditions of employment should help the Requestor meet existing standards for performance and conduct. Accommodation does not include lowering performance standards or excusing misconduct. Examples of modifying terms and conditions of employment as accommodation include modification of duties or assignments, change in schedule, and/or work location (telework).

Requiring Acquisitions

Acquisitions include the purchase or lease of equipment, furnishings or services, and structural alteration of leased facilities. Supervisors do not have the authority to decide these requests, but supervisors may make recommendations to the ADA Coordinator. The ADA Coordinator will evaluate and decide these requests in consultation with offices responsible for providing the equipment or services.

Reassignment as Accommodation of Last Resort

Reassignment as reasonable accommodation is available only if the ADA Coordinator, through the interactive process, determines that no accommodation is available to enable the employee to perform the essential functions of the Requestor’s current job, or if the only accommodation would pose an undue hardship to LACCD. In the event that the ADA Coordinator determines through LACCD’s relevant procedures that LACCD cannot reasonably accommodate the work restrictions of an employee with a disability within the employee’s current position, LACCD will consider reassignment according to relevant personnel policies and collective bargaining agreements, including the Personnel Commission Laws and Rules 750 for classified employees, Reassignment of Employees Because of Disability. The ADA Coordinator will consult the appropriate authority, such as a representative from Human Resources or the Personnel Commission, when reassignment needs to be considered as a possible reasonable accommodation.

Temporary Accommodation

As part of the interactive process, the ADA Coordinator may approve temporary accommodation. The decision to provide temporary accommodation does not indicate that the requested accommodation has been approved and the interactive process will need to be completed before there is a final decision. The Requestor may be required to provide medical information about medical conditions and functional limitations to the ADA Coordinator as part of the interactive process to determine if temporary accommodation will be approved long-term as reasonable accommodation.

Evaluating a request is an interactive process involving the ADA Coordinator, the Requestor, and the employee’s supervisor.

The ADA Coordinator should talk to the Requestor and the employee’s supervisor to make sure that there is a full exchange of information and clear communications. Extensive discussions are not necessary when disability, need for accommodation, and type of accommodation that should be provided are obvious. The ADA Coordinator determines whether additional information is required. The ADA Coordinator will review all information provided by the employee, including any relevant information already on file with the LACCD, to determine whether additional information is required, and if so, what additional information is required.

Conflict of Interest

The District will develop internal protocols to ensure no conflict of interest exist in the event the Requestor reports to the ADA Coordinator so that determinations will be made appropriately outside of the supervisory chain of command.

The ADA Coordinator will determine whether medical information is necessary. When the information available to LACCD does not demonstrate that the Requestor’s condition meets the applicable legal definition, the ADA Coordinator may only seek medical information to explain the nature of the disability, the individual’s need for reasonable accommodation, and how the requested accommodation will enable the individual to apply for a job, perform the essential functions of a job, or enjoy the benefits and privileges of the workplace.

Only the ADA Coordinator may determine whether medical information is needed and, if so, may request such information from the Requestor and/or the appropriate health professional (for example, a doctor, psychologist, clinical social worker, physical therapist, or rehabilitation counselor). Even if medical information is needed to process a request, the ADA Coordinator does not necessarily have to request medical documentation from a health care provider or other appropriate official; in many instances the Requestor may be able to provide sufficient information to substantiate the existence of a “disability” and/or need for a reasonable accommodation. If an individual has already submitted medical documentation in connection with a previous request for accommodation, the individual should immediately inform the ADA Coordinator of this fact. The ADA Coordinator will then determine whether additional medical information is needed to process the current request.

Medical information will not be necessary if either the Requestor:

  • Has an obvious disability and need for the requested accommodation
  • Has previously provided LACCD information to document existence of ongoing disability and associated functional limitations.

Medical information will be necessary when:

  • The Requestor does not have an obvious disability and has not previously documented a disability status at LACCD
  • The nature of the Requestor’s disability or medical condition suggests that it may have changed substantially since the Requestor most recently documented it
  • The relationship between disability or medical condition and the requested accommodation is not obvious.

If more medical information is necessary, ADA Coordinator will:

  • Inform the Requestor of LACCD’s right to request the information (including medical information) and the consequences of failing to provide it
  • Explain to the Requestor why it is needed
  • Ask the Requestor or other appropriate individuals to provide it
  • Follow procedures to protect the Requestor’s privacy interests when medical information is requested.

If the initial information provided by the health professional or volunteered by the Requestor is insufficient for the ADA Coordinator to determine whether the Requestor has a “disability” and/or that accommodation is needed, the ADA Coordinator will explain what additional information is needed and why. If necessary, the Requestor should then ask the health care provider or other appropriate professional to provide the missing information. The ADA Coordinator may also give the Requestor a list of questions for the health care provider or other appropriate professional to answer. If sufficient medical information is not provided by the Requestor, the ADA Coordinator may ask the Requestor to sign a limited release permitting the ADA Coordinator to contact the health care provider or other appropriate professional for additional information. If the Requestor refuses to provide information requested by the ADA Coordinator, it may result in a decision not to provide accommodation.

The ADA Coordinator may have medical information provided by the Requestor or the Requestor’s health care professional or other appropriate professional reviewed by a doctor of LACCD’s choosing, at the District’s expense.

Section 7: Outcome of the Interactive Process

When the outcome of the interactive process is to approve a request for reasonable accommodation, the ADA Coordinator will notify the Requestor of the reasonable accommodation that will be provided. If the Requestor is an LACCD employee, the ADA Coordinator will also notify the employee’s supervisor of the approved reasonable accommodation.

A request for reasonable accommodation is approved because either:

  • The ADA Coordinator decides to approve the initially requested reasonable accommodation through the interactive process
  • The Requestor agrees to accept an alternative reasonable accommodation during the interactive process.

Notice of Approved Reasonable Accommodation

A Notice of Reasonable Accommodation will include will include:

    • Finding that the Requestor is an individual with a disability covered by the Rehabilitation Act of 1973, as amended, and the ADA
    • Specific reasonable accommodation approved
    • Expected date by which reasonable accommodation will be provided (based on circumstances known at time of decision)
    • Responsible parties for providing reasonable accommodation
    • Notice of the Requestor’s responsibility to inform the ADA Coordinator when the reasonable accommodation is received by the Requestor
    • Information about what the Requestor should do if problems are encountered with the reasonable accommodation after it has been received by the Requestor.

    When the ADA Coordinator decides to approve temporary accommodation through the interactive process, the ADA Coordinator will notify the Requestor of the temporary accommodation that will be provided. If the Requestor is an LACCD employee, the ADA Coordinator will also notify the employee’s supervisor that temporary accommodation will be provided.

    Notice of Approved Temporary Accommodation

    A Notice of Approved Temporary Accommodation will include:

    • Notice that the decision to provide temporary accommodation does not indicate that the interactive process has concluded or that the temporary accommodation will be approved as reasonable accommodation
    • Specific temporary accommodation approved
    • Expected date by which temporary accommodation will be provided (based on circumstances known at time of decision)
    • Expected date by which reasonable accommodation will be provided, if approved (based on circumstances known at time of decision)
    • Responsible parties for providing temporary accommodation
    • Notice of the Requestor’s responsibility to inform the ADA Coordinator when the temporary accommodation is received by the Requestor
    • Information about what the Requestor should do if problems are encountered with the temporary accommodation after it has been received by the Requestor.

    In the event that the ADA Coordinator determines through LACCD’s relevant procedures that LACCD cannot reasonably accommodate the work restrictions of an employee with a disability within the employee’s current position, LACCD will consider reassignment according to relevant personnel policies and collective bargaining agreements. The ADA Coordinator will notify the Requestor of the reassignment process. If the Requestor is an LACCD employee, the ADA Coordinator will also notify the employee’s supervisor of the reassignment process.

    Notice of Reassignment Process

    A Notice of Reassignment Process will include:

    • Finding that the employee is an individual with a disability covered by the Rehabilitation Act of 1973, as amended, and the ADA
    • Finding that no accommodation is available to permit the employee to perform essential functions of the employee’s current position without posing undue hardship on LACCD
    • Copy of personnel policies and/or collective bargaining agreements related to LACCD reassignment procedure relevant to the employee’s classification
    • Request for information from the employee about current qualifications for use in search for possible reassignment
    • Description of temporary accommodation, if approved, to remain in place during the reassignment process
    • Explanation of adverse consequences, including separation from employment, that could result if employee declines offer of reassignment and remains unable to perform essential functions of current position, with or without accommodation.

    If the outcome of the interactive process is that the accommodation request is denied, the ADA Coordinator will notify the Requestor that accommodation will not be provided. If the Requestor is an LACCD employee, the ADA Coordinator will also notify the employee’s supervisor that accommodation will not be provided.

    Reasons for denial may include one or more of the following:

    • The Requestor has not established that
      • Employee’s medical condition is a covered disability
      • Requested accommodation will enable employee to perform essential functions of current position
    • Requested accommodation would require lowering production standards or removing an essential job function
    • Requested accommodation would cause undue hardship to LACCD and no other reasonable accommodation is available that would not cause undue hardship to LACCD.

    Notice of Final Decision Denying Accommodation Request

    A Notice of Final Decision Denying Accommodation Request will include:

    • Notice that the outcome of the interactive process is that the requested accommodation will not be provided
    • Explanation of the ADA Coordinator’s reasons for decision to deny accommodation request
    • Notice of the Reasonable Accommodation Dispute Resolution Process.

    A Requestor dissatisfied with the outcome of the interactive process has the right to:

    • Appeal the final decision to LACCD’s ADA Compliance Administrator using the Reasonable Accommodation Appeal form
    • Use applicable LACCD Grievance Procedure
    • Bargaining unit employees may file a grievance in accordance with the applicable Grievance Procedure article of the employee’s collective bargaining agreement
    • Request information about how to access the reasonable accommodation appeal process and applicable time limits.

    Reasonable Accommodation Appeal Process

    1. The appeal must be received by the ADA Compliance Administrator within five (5) business days after the Requestor receives the Notice of Final Decision Denying Accommodation Request. The Requestor must use the Reasonable Accommodation Appeal form.
    2. Within fifteen (15) calendar days after receipt of the appeal, or as soon thereafter as practical, the ADA Compliance Administrator or designee will meet with the Requestor to discuss the appeal and possible resolutions.
    3. Within fifteen (15) calendar days after the meeting, the ADA Compliance Administrator or designee will respond in writing, and, where appropriate, in a format accessible to the employee, with a final resolution of the appeal.
    4. All written appeals received by the ADA Compliance Administrator and responses from that office will be retained by the District for at least three years.
    5. If the employee is unable to resolve the issue through the Reasonable Accommodation Appeal process, discrimination complaints should be addressed to the District’s Office for Diversity, Equity, and Inclusion.

    Section 8: Maintaining Accommodation

    The ADA Coordinator must be promptly notified if problems are encountered with an approved accommodation, such as:

    • Delay in the delivery of equipment or services
    • Unsatisfactory services provided by a vendor
    • Employee needs training to use equipment
    • Upgrade or replacement of equipment needed
    • Modification of services required
    • A significant change occurs that affects the need for accommodation
    • Changes in disability status or medical condition of the Requestor
    • Changes in essential job functions.

    Persons who should notify the ADA Coordinator depend on the problem encountered, and include:

    • The Requestor (employee or applicant for employment receiving accommodation)
    • The Requestor’s supervisor (if the Requestor is an LACCD employee)
    • LACCD employees or contractors responsible for providing or installing accommodation.

    When the ADA Coordinator is notified of problems encountered with approved accommodation provided, the ADA Coordinator will promptly discuss the problems with the Requestor and LACCD officials involved in the interactive process. Depending on the circumstances, the ADA Coordinator may work with LACCD officials to:

    • Approve temporary accommodation until problems are resolved with accommodation provided
    • Acquire different equipment
    • Repair or replace equipment
    • Upgrade software
    • Reconfigure space
    • Find new vendor if current services are unsatisfactory.