POLICY:

It is the policy of the Texas State Technical College - Harlingen to provide employment and promotion opportunities in accordance with the Americans With Disabilities Act (ADA) and State of Texas Statues.

As used in this policy and procedure, the following definitions apply:

Direct Threat- a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

Disability - with respect to an individual, the term disability means:
a physical or mental impairment that substantially limits one or more major life activities of an individual; or a record of such impairment; or being regarded as having such impairment.

Discrimination - limiting, segregating or classifying in any way the opportunity or status of a job applicant or employee because of the person’s disability.

Qualified Individual With A Disability- an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of an employment position that an individual holds or desires.

Essential Functions- the fundamental job duties of the employment position the individual with a disability holds or desires.

Reasonable Accommodation- the term "reasonable accommodation" may include:

• making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
• job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters, and similar accommodations for individuals with disabilities.

Undue Hardship- an action that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business. Factors to be considered in determining undue hardship are:

• the nature and cost of the accommodation;
• the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at the facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; and
• the overall financial resources of the college unit, the overall size of the business of a college unit with respect to the number of employees; the number, type and location of its facilities; and
• the type of operation(s) of the college unit, including the composition, structure and functions of the work force of the unit; the geographic separateness, administrative or fiscal relationship or the facility or facilities in question to the covered entity.

Rehabilitated drug addicts and alcoholics are considered to be disabled for the purposes of the Americans With Disabilities Act. However, alcoholics and current drug users can be held to the same qualification standards for job performance as other employees.

AIDS victims and those who test positive for the human immunodeficiency virus are considered to have a "disability." Individuals with infectious or communicable diseases that may be transmitted to others through the handling of food, the risk of which cannot be eliminated by reasonable accommodation, may be refused an assignment or a continued assignment to a job involving food handling.

Texas State Technical College employees who sustain injury or an occupational disease while performing work during the course and scope of employment are covered by the state employee workers’ compensation program.

All position descriptions will specify the "essential functions" of duties, responsibilities or tasks. A position function may be considered essential if the position exist for the performance of the function; if a limited number of employees can perform the function, and it cannot be reassigned; or if the function is specialized and requires certain expertise to perform it. Individuals desiring positions or promotions within the organization may be asked whether they are able to perform the "essential functions" the position rather than questions about disabilities or illness.

Tests which measure sensory, manual or speaking skills may be used when those skills are related to the essential functions of a position. Selection criteria that are related to an essential function of a position may not be used to exclude an individual with a disability if that individual could satisfy the criteria with the provision of a reasonable accommodation.

Determining the type of accommodation needed should be a joint decision between the hiring unit, the disabled individual, and the Director of Human Resources. The following steps should be taken:

• identify the position’s essential functions; then
• Ask the disabled individual to explain the precise job-related limitation due the disability, then
• Solicit suggestions from the disabled individual as to how he/she could be accommodated; then
• identify possible accommodations and the potential effectiveness of each; then,
• Consider the individual’s accommodation preferences and select the most appropriate accommodation.

Reasonable accommodation will be provided in the job application process to enable qualified applicants to have equal opportunity to be considered for a job, and to enable an employee with a disability to enjoy benefits and privileges of employment equal to those enjoyed by similarly situated non-disabled employees.

Should there be difficulty in identifying appropriate accommodations, the System Office of Human Resources will assist in the provision of remedial action and/or seek technical assistance from the Governor’s Committee on People with Disabilities or the Texas Commission on Human Rights.

Examples of major life activities for consideration under ADA and this policy and procedure include:

• walking seeing working
• speaking hearing performing normal task
• breathing learning caring for one’s self