Reasonable Accommodations

To request an accommodation, you should contact Disability Support Services (DSS) to meet with a DSS Specialist who will be able to work with you to determine what reasonable modifications you may need based upon your individualized needs. You can set up a meeting with a DSS Specialist in the following ways: 

Email: dss@swccd.edu

Voice: (619) 421-6700

DSS Virtual Lobby

In person: Cesar Chavez Student Services Center, Building 68, First Floor

Back to top

Under both the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to qualified individuals with disabilities to help them perform essential job functions, unless doing so would cause an undue hardship.

1. Employee Request for Accommodation

• The process begins when an employee requests an accommodation.
  • A request for reasonable accommodation is a statement that an employee needs a work-related adjustment or change for a reason related to a mental or physical disability.
  • A request may be made orally or in writing by the employee or by someone on their behalf.
• Requests for accommodation will be responded to in a prompt, fair and efficient manner.
• An employer may also initiate the process if they recognize a need for accommodation based on an employee’s known disability.
• Employees requesting an accommodation should reach out to the ADA Coordinator at swcada@swccd.edu.

• Reasonable Accommodation Request Form
• Certification of Health Care Provider for Pregnancy Disability Leave, Transfer and/or Reasonable Accommodation
• Supplemental Medical Questionnaire

2. The Interactive Process

• Employers must engage in a good-faith discussion with the employee to identify potential accommodations.
• This may involve gathering medical documentation (if the disability is not obvious) to understand the functional limitations.
• The goal is to find an effective accommodation that enables the employee to perform their essential job duties.

3. Identifying a Reasonable Accommodation

Medical care professionals provide restrictions and the employer must work to identify the accommodation. Possible accommodations may include:

• Modification of existing facilities
• Restructuring the job
• Adjusting work schedules or allowing remote work
• Providing assistive technology or equipment
• Modifying job duties or workspaces
• Offering sign language interpreters or readers
• Allowing service animals in the workplace
• Providing additional training or guidance
• Leave of absence
• Reassignment

4. Employer Evaluation of Undue Hardship

• Employers must determine whether the requested accommodation is reasonable or if it would impose a significant difficulty or expense.
• If an accommodation is deemed an undue hardship, employers must explore alternative solutions. 

5. Implementation and Follow-Up

• Once an accommodation is agreed upon, the employer should implement it in a timely manner.
• Periodic reviews may be necessary to ensure the accommodation remains effective.
   

Employers are required by law to provide accommodations unless they can prove undue hardship. Employees who believe their rights have been violated can file a complaint with the California Civil Rights Department (CRD) under FEHA or the Equal Employment Opportunity Commission (EEOC) under the ADA.

Back to top

The interactive process is a collaborative, ongoing communication between an employer and an employee to determine if a reasonable accommodation can help the employee perform their essential job functions. Under both the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), the manager is often the "front line" of this legal obligation. While Human Resources leads the formal documentation, the manager’s role is critical for the practical success of the process.

STEPS FOR ADMINISTRATORS

1. Spotting the "Trigger"

A manager must recognize when the interactive process is legally triggered. An employee does not need to use "legal" language like "ADA" or "reasonable accommodation."

• The Verbal Cue: If an employee mentions they are struggling with a task due to a medical condition or physical/mental limitation, the process has begun.
• The Observation: If a manager becomes aware of a disability through observation (e.g., an employee using a new mobility aid) or through a third party, they may have a duty to initiate the conversation.

2. Facilitating Open Communication

• The manager acts as a bridge between the employee’s needs and the team’s operational realities.

• The "Good Faith" Requirement: Both ADA and FEHA require "good faith." This means the manager must approach the conversation with a genuine desire to find a solution, rather than looking for reasons why an accommodation won't work.
• Neutrality: Managers should remain objective and avoid skepticism regarding the employee's stated limitations.

3. Identifying Essential Functions

• The manager is the best person to define what the job actually requires.

• Task Analysis: Distinguishing between essential functions (tasks that are the core reason the job exists) and marginal functions (tasks that could be reassigned).
• Impact Assessment: Explaining how a specific accommodation (like a schedule change or specialized equipment) might affect the workflow of the department.

4. Maintaining Confidentiality

This is a high-risk area for managers. Under the law, medical information must be kept strictly confidential.

• Need-to-Know Basis: Managers should only share the accommodation (e.g., "John will be working from home on Tuesdays") with the team, never the reason or the diagnosis.
• File Security: Any medical notes or doctor’s certifications should be sent directly to HR and not kept in a standard personnel file.

5. Implementing and Monitoring

Once an accommodation is agreed upon, the manager is responsible for its success.

• Implementation: Ensuring the employee actually receives the tools or flexibility promised.
• Ongoing Review: The interactive process isn't "one and done." Managers should check in periodically to see if the accommodation is effective or if the situation has Pro-Tip: If an employee asks for a change due to a medical reason, your first step should always be to acknowledge the request and immediately loop in your HR partner to ensure the legal "clock" is tracked correctly.

Back to top

The interactive process is a collaborative, good-faith dialogue between an employer and an employee (or job applicant) to determine a reasonable accommodation for a disability. This process is legally required when an accommodation request is made or when an employer becomes aware of a potential need for accommodation. Failure to engage in the interactive process can result in legal consequences under FEHA and ADA, even if a reasonable accommodation was ultimately available.

Key Steps in the Interactive Process:

1. Recognizing the Need for Accommodation

• The employee requests an accommodation (verbally or in writing).
• The employer recognizes the need based on medical documentation or observable limitations.

2. Gathering Information

• The employer may request relevant medical documentation to understand the employee’s functional limitations (if the disability is not obvious).
• The discussion focuses on the essential job functions and how the disability impacts work performance.

3. Exploring Possible Accommodations

• Both parties work together to identify reasonable accommodations.
• Employers must consider but are not obligated to provide the employee’s preferred accommodation if an alternative is effective.

4. Implementing the Accommodation

• The agreed-upon accommodation should be put in place promptly and communicated clearly to the employee.

5. Ongoing Review and Adjustments

• The accommodation should be monitored to ensure it remains effective.
• If the employee’s condition or job duties change, the interactive process may need to be revisited.

Employer Obligations:

• Must respond promptly and engage in a meaningful discussion.
• Cannot automatically deny accommodation requests without considering alternatives.
• Must document the process and decisions made.
• Required to continue the process until a reasonable accommodation is found or undue hardship is established.

Back to top

Under the California Fair Employment and Housing Act (“FEHA”) and the Federal Americans with Disabilities Act (“ADA”), reasonable accommodations refer to changes or adjustments in the workplace that allow a qualified individual with a disability to perform the essential functions of their job. These accommodations help ensure equal employment opportunities without imposing an undue hardship on the employer. Employers are required to provide reasonable accommodations unless doing so would cause significant difficulty or expense (undue hardship). Employees should communicate their needs with their employer to explore possible solutions.

Back to top

Under the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), the terms restriction and accommodation are related but distinct:

• A restriction is what an employee cannot do due to a medical condition.
• An accommodation is how an employer modifies the work environment to enable the employee to work within their restrictions.

Employers must engage in an interactive process with employees to determine effective accommodations that align with medical restrictions while maintaining job performance standards.

1. Restriction (Medical Limitation)

A restriction refers to a medical limitation that affects an individual’s ability to perform certain tasks or job functions. Restrictions are typically provided by a healthcare provider and define what an employee cannot do due to a disability or medical condition.

Examples of Restrictions:

• No lifting more than 20 pounds
• Must avoid prolonged standing or sitting
• Cannot work in environments with loud noise exposure
• Limited ability to perform repetitive motions
• Requires frequent rest breaks due to a medical condition

2. Accommodation (Workplace Adjustment)

A reasonable accommodation is an adjustment or modification to the job, work environment, or employment policies that allows an employee to perform essential job functions despite their restrictions. Accommodations are solutions designed to help an employee work within their restrictions.

Examples of Accommodations:

• Providing a height-adjustable workstation for an employee who cannot sit or stand for long periods
• Allowing a flexible work schedule for an employee with a chronic illness
• Providing assistive technology for an employee with a visual or hearing impairment
• Modifying job duties to avoid tasks that conflict with medical restrictions
• Allowing remote work if in-person duties conflict with a disability-related restriction

Back to top

California Community Colleges are public institutions that receive federal and state funding, and as such we must comply with the following laws to ensure equal access and prevent discrimination based on disability and other protected categories.

• California Fair Employment and Housing Act (FEHA) (Gov. Code § 12920 et seq.)
  • FEHA prohibits discrimination in employment and housing based on protected characteristics, including disability.
  • SWC, as public educational institutions and employers, must comply with FEHA's anti-discrimination provisions.
• Americans with Disabilities Act (ADA) (42 U.S.C. § 12101 et seq.)
  • The ADA applies to public entities, including SWC, under Title II, which prohibits discrimination based on disability in public services, programs, and activities.
  • The District must provide reasonable accommodations to students, faculty, and staff with disabilities.
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.)
  • Section 504 prohibits disability-based discrimination in programs receiving federal financial assistance.
  • SWC must ensure accessibility and provide accommodations for students with disabilities.
• Section 508 of the Rehabilitation Act of 1973
  • Section 508 mandates that electronic and information technology used by federally funded institutions must be accessible to individuals with disabilities.
  • This applies to websites, instructional materials, and digital resources.
• California Department of Rehabilitation (DOR)
• Job Accommodation Network (JAN)
• U.S. Equal Employment Opportunity Commission (EEOC)

Back to top

Certification of Health Care Provider for Pregnancy Disability Leave, Transfer and/or Reasonable Accommodation

Interactive Process Flowchart

Reasonable Accommodation FAQs

Reasonable Accommodation Request Form

Supplemental Medical Questionnaire Form

Back to top