Memorandum #353 Disability and Pregnancy Accommodations Policy for Employees and Applicants

Date of Issue: October 1999
Policy Revisions: August 16, 2007, November 6, 2015, November 10, 2023
Policyholder: Director of Diversity, Equity and Inclusion, Title IX Coordinator and ADA Coordinator
Approved by: President 

Purpose

Community College of Philadelphia is committed to full compliance with the Americans with Disabilities Act of 1990, as amended, Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, the Pennsylvania Human Relations Act, the Philadelphia Fair Practices Ordinance, and the Pregnant Workers Fairness Act, which prohibit employment discrimination against qualified individuals with disabilities and against individuals due to pregnancy or pregnancy-related conditions.

Accountability

Under the direction of the President, the Director of Diversity, Equity and Inclusion, Title IX Coordinator and ADA Coordinator ("DEI Director") shall ensure compliance with this policy. The DEI Director in conjunction with the Vice Presidents, Deans, and all other supervisory staff, shall implement this policy.

Policy

It is the policy of Community College of Philadelphia to prevent discrimination on the basis of disability, pregnancy, or a pregnancy-related condition, and to provide equal employment opportunity for all qualified individuals, including those with disabilities, who are pregnant, or who have a pregnancy-related condition. The College will provide reasonable accommodations to enable such qualified individuals to perform the essential functions of their jobs provided that the accommodations do not impose an undue hardship to the College.

Procedure

The DEI Director has been designated as the College's ADA and Section 504 Compliance Officer for employees and applicants for employment. The DEI Director is responsible for coordinating the College's efforts to comply with employment-related disability laws, including responding to any complaints alleging noncompliance.

To ensure that all qualified individuals with disabilities receive applicable information, resources and options, all deans, department heads, directors, and supervisors who are notified by an individual that they wish to request an accommodation must refer that individual to the DEI Director. Any verbal referrals must be followed by a written referral.

Any employee, or applicant for employment, with a disability or who is pregnant or has a pregnancy-related condition seeking an accommodation should contact the DEI Director to obtain the Request for Accommodations for Disabilities and Pregnancy Pursuant to the Americans With Disabilities Act and the Pregnant Workers Fairness Act Form be completed by the individual's licensed health care practitioner. The form is available online by going to the Office of Diversity, Equity and Inclusion website and is also available on the Human Resources website. The form should be completed and returned to the DEI Director by email to ada@ccp.edu.

Once all the required documentation has been provided, the DEI Director will review the documentation and communicate with the employee (or applicant for employment). The DEI Director will discuss with the employee the current impact or barriers to access in the workplace that they experience and will determine what, if any, reasonable accommodations should be put in place. If additional information is needed regarding the essential functions of the employee's job or other information related to the employee's job responsibilities, the DEI Director will reach out to relevant College stakeholders on an as needed basis.

These steps are required for the DEI Director to determine whether the employee (or applicant for employment) is a qualified individual with a disability or if the individual is pregnant or experiencing a pregnancy-related condition and what accommodations may be available. Accommodations must be specific to the functional limitations the individual experiences. Whether accommodations are reasonable will be determined by the DEI Director after a thorough review of the individual's medical documentation, an interactive conversation with the individual, and the reasonableness of the request within the context of the College.

The College may offer an accommodation other than the one requested by the employee if the alternative accommodation allows the employee to perform the essential job functions. Once a determination has been made regarding the request, the DEI Director shall provide a written response to the employee, the employee's supervisor, the relevant Vice President/Cabinet Member, and the Human Resources Benefits Director. The accommodation request and any personal health information will be kept confidential to the degree practical.

Appeal/Complaint

An employee/applicant who disagrees with the DEI Director's determination may appeal by providing a written appeal to the President's designee, the Associate Vice President for Human Relations ("AVP of HR"). The AVP of HR or their designee will make a decision regarding the appeal within one month and render a written decision to the employee, the employee's supervisor, and to the DEI Director concerning the accommodation request. The decision of the AVP of HR or their designee is final.

Financial Responsibility for Accommodations

The employee's department assumes the responsibility for funding the approved accommodations. If the department head, supervisor, or relevant divisional vice president/cabinet member does not have sufficient funds in their budget for the accommodation, they may make a request for additional funding to the Associate Vice President of Business and Budget Services for funding of the accommodation.

1 Accommodations for students with disability/accessibility issues should be made in the College's Center on Disability. Accommodations for pregnant students should be directed to the student's faculty member and if not resolved with the faculty member, then to the DEI Director.