PROCEDURES FOR IMPLEMENTING REASONABLE ACCOMMODATION AT THE CITY UNIVERSITY OF NEW YORK
SECTION I: OVERVIEW
The City University of New York, in compliance with Sections 503 and
504 of the Federal Rehabilitation Act of 1973 (“Rehabilitation Act”),
the Americans with Disabilities Act of 1990 (“ADA”), New York State
Executive Law §296, and the New York City Human Rights Law, provides
qualified individuals with disabilities the opportunity to participate
in programs, activities, or employment.
SECTION II: RESPONSIBILITY FOR IMPLEMENTATION
The President of each constituent college of The City University of
New York, the Senior Vice Chancellor for the Central Office and the
Dean of the Law School are responsible for the implementation of these
procedures.
Each University unit has a 504/ADA Compliance Coordinator who has
responsibility for coordinating efforts to ensure access and
non-discrimination for individuals with disabilities.
The Human Resources Director along with supervisors of each
constituent college of The City University of New York is responsible
for making arrangements to provide reasonable accommodations to
applicants for employment and current employees.
Each University unit has a Student Disabilities Services Coordinator
who has responsibility for providing services and coordinating efforts
to ensure access to programs and activities for students with
disabilities.
SECTION III: PROCEDURES FOR REQUESTING AN ACCOMMODATION
Applicants for Employment
As part of a standard acknowledgment letter, individual applicants
are to be instructed to contact the college’s Director of Human
Resources if an accommodation is needed to participate in the
application/interview process. The Human Resource Director will make
arrangements with the appropriate individuals to provide a reasonable
accommodation.
Current Employees
Upon initial hire, each employee is given the opportunity to self
identify as a person with a disability and to request a reasonable
accommodation. The self-identification form is to be circulated
annually by Human Resources to all current employees to permit the
self-identification of employees who may have become disabled
subsequent to initial hire.
An employee should make any initial request for accommodation to
her/his immediate supervisor. Alternatively, an employee may direct
his/her request to the Director of Human Resources at the site. In
either case, consultation between the employee’s supervisor and the
Director of Human Resources should take place to determine whether the
requested accommodation, or an alternate accommodation, is appropriate
and should be implemented. Appropriate supporting documentation should
be provided to the Human Resources Director. If the proffered
accommodation is acceptable to the employee, the Human Resources
Director should inform the 504/ADA Compliance Coordinator of the nature
of the accommodation.
When an accommodation is complex or requires college expenditures,
the supervisor and the Human Resources Director are required to obtain
the input of the 504/ADA Compliance Coordinator and/or other college
officials. Such consultation shall be confidential, and limited to
those officials whose input is necessary to the decision.
Employees may consult with the college’s 504/ADA Compliance
Coordinator at any time to discuss and understand their rights under
the Rehabilitation Act, the ADA and state and local legislation, and
they are encouraged to do so.
Visitors
Brochures/flyers announcing specific public programs should include
a statement identifying the person to contact if an accommodation is
needed. The time frame, by which such a request must be made, e.g.
forty-eight hours in advance, must be included in the statement. A
visitor should make any initial request for accommodation to the
individual designated on the flyer. The designee should consult with
appropriate college officials to determine the feasibility of granting
the requested accommodation. Such consultation shall be confidential,
and limited to those officials whose input is necessary to the
decision. If the proffered accommodation is acceptable to the visitor,
the designee should inform the 504/ADA Compliance Coordinator of the
nature of the accommodation.
Students
A student should make an initial request for accommodation to the
Office of Services for Students with Disabilities, and provide
appropriate supporting documentation. The Student Disabilities Services
Coordinator may consult with appropriate college officials such as the
instructor or provost to determine the appropriateness of the requested
accommodation consistent with the program requirements. Such
consultation shall be confidential, and limited to those officials
whose input is necessary to the decision.
Students may consult with the Office of Services for Students with
Disabilities or the 504/ADA Compliance Coordinator at any time to
discuss and understand their rights under the Rehabilitation Act, the
ADA, and state and local legislation, and they are encouraged to do so.
SECTION IV: REVIEW OF ACCOMMODATION REQUESTS/DECISIONS
Applicants for Employment
Applicants whose request for accommodation is denied or who do not
agree with a proposed accommodation for the application/interview
process, will inform the Human Resource Director. The Human Resource
Director will inform the 504/ADA Coordinator who will make the final
decision and inform the applicant of the decision.
Current Employees
If an employee does not agree with a proffered accommodation, the
employee may discuss the situation with the 504/ADA Compliance
Coordinator who will review the matter and attempt to resolve it. The
Compliance Coordinator may designate one or two members of the 504/ADA
Committee to assist in this effort. If the matter is not resolved, the
employee may exercise any and all rights available under law without
fear of retaliation. If the employee is a union member, the employee
may wish to discuss this situation with his/her union representative
and exercise any rights available under the collective bargaining
agreement. The Compliance Coordinator will keep the President apprised
of the matter.
Visitors
If a visitor finds a proffered accommodation unacceptable, the
visitor may discuss the situation with the 504/ADA Compliance
Coordinator. The Compliance Coordinator shall make the final decision
after consultation with the college President.
Students
If a proffered accommodation is unacceptable to the student, the
student may discuss the situation with the 504/ADA Compliance
Coordinator who will review the matter and attempt to resolve it. The
college 504/ADA Compliance Coordinator may designate one or two members
of the 504/ADA Committee to assist in this effort. If the proffered
accommodation is still unacceptable, the college Compliance Coordinator
will apprise the college President of the issues and the college
Compliance Coordinator’s recommendation. The President shall make the
final decision.
SECTION V: DATA COLLECTION/RECORD KEEPING/COMMUNICATION
The 504/ADA Compliance Coordinator is responsible for collecting the
information on all accommodation requests including the number made and
type of accommodation provided to employees. Likewise, the Student
Disability Services Coordinator is responsible for collecting the
information on all accommodation requests including the number made and
type of accommodation provided to students. Whether records are
maintained on paper or computer, they should be kept in a secure
location and protected from damage or loss.
There are very strict limitations on the use of medical information
obtained through the reasonable accommodation process. All requests for
accommodation and all supporting information, including but not limited
to medical information, are to be considered confidential and shared
with college officials only on a need-to-know basis. Any medical
documentation submitted or obtained may only be used to evaluate the
request for accommodation. Medical records for employees must be kept
in a separate file in the Human Resources Department. Medical records
for students are to be kept in a separate file and maintained in the
Office of Services for Students with Disabilities.
Applicants and employees, students and visitors may avail themselves
of their legal rights to complain to non-CUNY agencies, without fear of
retaliation. An updated list of these non-CUNY agencies may be obtained
from the college’s AA/EEO Office.
The University reserves the right to alter, change, add to, or delete any of these procedures at any time without notice.
FREQUENTLY USED TERMS
Disability Definitions -
-
The Rehabilitation Act of 1973. The term “disability”
means…a physical or mental impairment that constitutes or results in a
substantial impediment to employment; or…a physical or mental
impairment that substantially limits one or more major life activities.
29 USC §705(9). Individual with a disability…[T]he term “individual with a disability”
means…any person who (i) has a physical or mental impairment which
substantially limits one or more of such person’s major life
activities; (ii) has a record of such an impairment; or (iii) is
regarded as having such an impairment, 29 USC §705(20)(B).
-
The Americans with Disabilities Act. The term “disability”
means, with respect to an individual—(A) a physical or mental
impairment that substantially limits one or more of the major life
activities of such individual; (B) a record of such an impairment; or
(C) being regarded as having such an impairment. 42 USC §12102(2).
-
New York State Human Rights Law. The term “disability”
means (a) a physical, mental or medical impairment resulting from
anatomical, physiological, genetic or neurological conditions which
prevents the exercise of a normal bodily function or is demonstrable by
medically accepted clinical or laboratory diagnostic techniques or (b)
a record of such an impairment or (c) a condition regarded by others as
such an impairment, provided, however, that in all provisions of this
article dealing with employment, the term shall be limited to
disabilities which, upon the provision of reasonable accommodations, do
not prevent the complainant from performing in a reasonable manner the
activities involved in the job or occupation sought or held. Executive
Law §292(21).
-
New York City Administrative Code. The term “physical or mental impairment”
means a physiological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the following body systems:
neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genito-urinary; hemic and lymphatic; skin and endocrine; or a mental or
psychological disorder, such as mental retardation, developmental
disability, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. It includes, but is not limited to,
such diseases and conditions as orthopedic, visual, speech and hearing
impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple
sclerosis, cancer, heart disease, diabetes, alcoholism, substance
abuse, and drug addition. Admin. Code §8-102(16)(b).
Section 503 - Section 503 of the Rehabilitation Act of 1973,
administered by the U.S. Department of Labor’s Office of Federal
Contract Compliance Programs, applies to all federal contractors and
subcontractors with contracts of $10,000 or more. It mandates
affirmative action to employ and advance in employment, qualified
people with disabilities. In addition, it requires all recipients with
50 or more employees and one or more federal contracts of $50,000 or
more to prepare and maintain affirmative action programs.
Section 504 - Section 504 of the Rehabilitation Act of 1973
prohibits discrimination against qualified individuals with
disabilities in federally funded programs and activities. The Justice
Department’s Disability Rights Section is responsible for coordinating
government-wide efforts to comply with Section 504.
The Americans with Disabilities Act - The Americans with
Disabilities Act (ADA) guarantees disabled people access to employment,
public accommodations, transportation, public services and
telecommunications. The ADA provides comprehensive federal civil rights
protection for people with disabilities.
New York State Human Rights Executive Law 296 - Executive Law
§296(1)(a) makes it an unlawful discriminatory practice for an employer
to refuse to hire or employ or to bar or to discharge from employment a
disabled individual or to discriminate against such individual in
compensation or in terms, conditions or privileges of employment.
Executive Law §296(3)(a) requires an employer to provide reasonable
accommodations to the known disabilities of an employee, prospective
employee in connection with a job or occupation sought or held or
participation in a training program. Executive Law §296(b) provides
that nothing contained in this subdivision shall be construed to
require provision of accommodations that can be demonstrated to impose
an undue hardship on the operation of an employer’s business program or
enterprise. Executive Law §296(7) makes it unlawful discriminatory
practice for any person engaged in any activity to which this section
applies to retaliate or discriminate against any person because he or
she has opposed any practices forbidden under this article or because
he or she has filed a complaint, testified or assisted in any
proceeding under this article.
ADA/504 Compliance Coordinator - The 504/ADA Compliance Coordinator is appointed by the President. This person is responsible for:
- Monitoring the college for 504/ADA compliance
- Resolving issues before they become potential grievances
- Making sure that disabled employees are accommodated
- Making sure that disabled students receive the same opportunities that other
- students receive in the most integrated fashion
- Providing training to those who must interact with the disabled.
504/ADA Committee - The 504/ADA Committee serves as an advisory
committee to the 504/ADA Coordinator. The committee assists in
formulating new ideas and monitoring the College for 504/ADA
Compliance. The Committee is comprised of representatives from various
divisions, departments, programs, and services that make up the
College. The Coordinator for Disabled Student Services is a member of
the committee.
Reasonable Accommodations - The term “reasonable accommodation”
means actions taken which permit an employee or prospective employee
with a disability to perform in a reasonable manner the activities
involved in the job or occupation sought or held and include, but are
not limited to, provision of an accessible worksite, acquisition or
modification of equipment, support services for persons with impaired
hearing or vision, job restructuring and modified work schedules;
provided, however, that such actions do not impose an undue hardship on
the business, program or enterprise of the entity from which action is
requested. New York State Human Rights Executive Law §292(21-e)
(Effective June 1, 2005)
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