Human Resources

    Board of Trustees Policy

    SUBJECT:

    Individuals with Disabilities Policy

    		 NUMBER:
    6.5
    DATE:
    May 2003
    SUPERSEDES:
     

    Purpose

    This policy affirms and describes the College’s commitment to the principles of equal employment opportunities for individuals with disabilities and sets forth the actions to be taken by the College and its employees concerning employment opportunities for qualified individuals with disabilities.

    Policy

    General Policy of the College

    The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 (the Rehab Act), as well as various other state laws, prohibit discrimination against individuals with disabilities because of their disabilities. The College will not discriminate against individuals with disabilities.

    Specific Policy—Employment

    1. The College will not discriminate against any known employee or applicant for employment because of disability in regard to any position for which the employee or applicant is qualified. Hiring practices and job placement will be commensurate with ability to perform assigned work. Employees with disabilities will receive the same regular compensation as those with no disabilities for like work.

    2. The College, to ensure its commitment to equal employment opportunities for individuals with disabilities, will take positive steps to employ, advance in employment, and otherwise treat known qualified individuals with disabilities without discrimination based upon their disability in all employment practices, including but not limited to the following: application, testing, hiring, work assignments, evaluation, promotion, transfer, disciplinary actions, recruitment or recruitment advertising, layoff/recall, termination or demotion, rates of pay or other forms of compensation.

    3. The College will provide, upon request reasonable accommodation to known employees with qualified disabilities, if that is needed to enable them to perform their job duties. Montgomery County Community College is not required to lower quality or quantity standards to make an accommodation. Employees may request such accommodation by contacting their immediate supervisor, the Executive Director of Human Resources, the Director of Equity and Diversity Initiatives, or the College Nurse.

    Definitions

    Disability: A physical or mental impairment that substantially limits one or more major life activities, a record of having such impairment, or being regarded as having one even if the person does not actually have the condition. 1

    Qualified Individual with a Disability: A person with a disability who meets the skill, experience, education, and other job-related requirements and who, with or without reasonable accommodation, can perform the essential functions of the job.

    Major Life Activities: Activities that an average person can perform with little or no difficulty. (Examples: walking, speaking, breathing, seeing, working, performing manual tasks, hearing, learning, caring for oneself, sitting, standing, lifting, and reading) 2

    Reasonable Accommodations: An accommodation is any change in the work environment or in the way things are usually done which results in equal employment opportunity for all individuals with a disability. Montgomery County Community College will make reasonable accommodations to the known physical or mental limitations of a qualified employee with a disability, unless the accommodation would cause an undue hardship on the institution. Montgomery County Community College is not required to lower quality or quantity standards to make an accommodation.

    1 The ADA does not provide a limited enumerated list of conditions that constitute a disability. The definition stated above is intended to be general enough to include a myriad of conditions, while also restricting applicability to "substantial" limits on major life activities.
    2 The above list is not meant to be exhaustive.