An Administrator's Guide to California Private School Law Compendium

D OCUMENT 9.B

C HECKLIST F OR T HE I NTERACTIVE P ROCESS A ND A CCOMMODATIONS – E MPLOYEES

Policies and Procedures  Provide anti-discrimination statement (including against disabilities).  Establish process for seeking and providing reasonable accommodations.  Protect those who seek and obtain accommodations from retaliation. Pre-Employment Application  Do not seek information about disabilities (or other protected categories).  Allow for requesting of accommodations. Job Interviews  Do not seek information about disabilities.  Those who conduct interviews must be familiar with the law and school policy.  May inquire about ability to perform essential functions of job if the disability is obvious.  Perform medical examinations/testing after conditional offer of employment.  Medical exams/tests must be:  Job related.  Consistently applied for each job category. Employees Fitness for Duty  Must be job related and consistent with business necessity.  Inquiries must be triggered by reliable and objective facts.  Future risk or rumors are not enough to trigger.  May be triggered by:  Unclear or insufficient medical documentation.  An extensive medical leave.

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 136