An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

A. A CCOMMODATING D ISABLED A PPLICANTS I N T HE H IRING P ROCESS Schools must make reasonable accommodations for disabled applicants. The definition of what constitutes an individual with a “disability” differs between federal and state law. Under the ADA, a “disability” is considered “a physical or mental impairment that substantially limits a major life activity.” 318 Under the FEHA, protection for disabled applicants is greater since it defines a “disability” more broadly to include a physical or mental impairment which merely limits a major activity. 319 1. T HE O BLIGATION T O P ROVIDE A CCOMMODATIONS E XISTS A T T HE H IRING S TAGE Schools may not discriminate against disabled individuals at any stage of the hiring process, from advertising an opening to interviewing an applicant. 320 They must make the entire application and hiring process accessible to disabled individuals. For example, schools should make their facilities accessible to and usable by individuals with disabilities. 321 Further, job applications should advise applicants that accommodation in the application process is available on request and that the school will not penalize them in the selection process for seeking an accommodation. 322 Moreover, schools must ensure that communications with disabled applicants are as effective as communications with non-disabled applicants, 323 e.g., providing interpreters for the hearing-impaired, or scheduling the interview in a room accessible to wheelchairs. 324 If a school learns that an applicant is disabled, then the school must initiate the interactive process to attempt to reasonably accommodate the individual. 325 However, a school is not obligated to hire an individual who, regardless of his or her disability, is not otherwise qualified for the position. 326 A school need not lower qualification standards, but rather, it must apply those standards uniformly to all applicants. If an applicant is unable to meet the hiring criteria due to a disability, the school must consider whether reasonable accommodations would enable the applicant to safely perform the essential functions of the job. 327 No bright-line test is possible for determining whether a school must offer reasonable accommodations. A school must do an individualized assessment of each applicant. 328 A school must reasonably accommodate a disabled applicant, unless the employer can show that to do so would cause undue hardship to the employer. 329 “Undue hardship” means an action requiring significant difficulty or expense, considering the following factors:  The nature and cost of the accommodation needed;

 The overall financial resources of the school involved in the provision of the reasonable accommodations, the number of persons employed at the school, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the school;  The type of operations, including the composition, structure, and functions of the workforce of the school; and

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