THIRD CIRCUIT COURT OF APPEAL
POLICIES AND PROCEDURES FOR COMPLIANCE WITH FEDERAL
AND STATE LAWS PERTAINING
TO INDIVIDUALS WITH DISABILITIES
INTRODUCTION
The Americans with Disabilities Act of 1990 (ADA), as
well as La. R.S. 23:322-324 and 46:2251-2372, prohibits discrimination against
qualified individuals with disabilities in the programs, services, and
activities of public entities, and requires that the facilities, services,
programs, and employment opportunities at those entities be accessible to persons
with disabilities. As a public entity,
the Third Circuit Court of Appeal is committed to complying with relevant and
applicable provisions of these laws and hereby sets forth its compliance
policy.
DEFINITIONS
1.
Qualified Individual with a Disability: An individual with a disability is qualified if (1) he/she satisfies
the requisite skill, experience, education, and other job‑related
requirements of a position held or desired; and (2) he/she can perform the
essential functions of the position, with or without reasonable accommodation.
2. Essential Functions: Those required duties which are fundamental
to the job which the individual holds or desires and without which the job
cannot be performed. A function can be
"essential" if, among other things: the position exists specifically
to perform that function; there are a limited number of other employees who
could perform the function; or the function is specialized and the individual
is hired based on his/her ability to perform it. Determination of the essential functions of a
position must be done on a case‑by‑case basis so that it reflects
the job as actually performed, and not simply the components of a generic
position description.
3.
Reasonable Accommodation:
Any change in
the work environment or in the way things are customarily done that would
enable a qualified individual with a disability to enjoy equal employment
opportunities.
4.
Reassignment: Reassignment is a form of
reasonable accommodation that, absent undue hardship, is provided to employees
(not applicants) who, because of a disability, can no longer perform the
essential functions of their job, with or without reasonable
accommodation. Reassignments are made only
to vacant positions and to employees who are qualified for the new position. If the employee is qualified for the
position, he/she will be reassigned to the job and will not have to compete for
it.
5.
Undue Hardship: If a specific type of
reasonable accommodation causes significant difficulty or expense, then the
Court does not have to provide that particular accommodation. Determination of undue hardship is always
made on a case‑by‑case basis, considering factors that include the
nature and cost of the reasonable accommodation needed and the impact of the
reasonable accommodation on the Court’s operations.
POLICY STATEMENTS
It is the policy of the Third Circuit Court of Appeal
to make reasonable efforts to ensure that qualified individuals with
disabilities have access to the services, programs, activities, and employment at
the Third Circuit Court of Appeal and that reasonable accommodations are
provided to applicants, employees, and patrons with disabilities upon request,
unless such request would pose an undue hardship or fundamentally alter the
nature of the job, program, or activity to do so.
Notice about the Court’s
The Court shall seek to ensure accessibility to its
facilities, programs, services, and activities by removing architectural
barriers, where feasible, and enhancing physical, communications, and
programmatic services through a variety of strategies which take into account
the needs of our disabled community, as well as the Court’s and other available
resources.
Court staff
shall be provided with materials and/or training to prepare them to better
address the needs of individuals with disabilities.
Court security personnel shall assist/offer assistance
to persons with disabilities who enter the Court's facilities to locate the
offices, programs, services, and/or personnel which they seek or need.
SAFETY AND SECURITY
The Court’s facilities shall be made as risk-free as
possible for all persons, including individuals with disabilities who may be
employed by the Court or visiting the building for other reasons. However, special procedures for notifying and
assisting persons with disabilities during emergencies shall be developed,
communicated, and executed as part of the Court’s Safety/Emergency Plan.
REASONABLE ACCOMMODATIONS
The Court will make reasonable efforts to meet the
needs of litigants, attorneys, job applicants, employees and others with
disabilities who request physical accommodations, who wish written materials
converted to alternative formats, or who request auxiliary aids or services
such as interpreters, assistive listening devices, or other services, when
·
a member of the
public needs an accommodation in order to visit, conduct business, or
participate in an activity or program at the Court; or
·
an applicant with
a disability needs an accommodation in order to be considered for a job; or
·
an employee with
a disability needs an accommodation to enable him/her to perform the essential
functions of his/her job or to gain access to the workplace; or
·
an employee with
a disability needs an accommodation to enjoy equal benefits and privileges of
employment.
Individuals requiring assistance or special
accommodations for an activity, program, visit, or employment at the Court
should follow the appropriate procedures outlined below. Accommodation requests must be in writing and
made as far in advance as possible. Such
requests may be made for the person with the disability by a family member,
health professional, or other representative.
The attached form is
supplied for use in requesting accommodation, and copies shall be made
available in whatever format necessary to ensure all parties/participants have
the opportunity to make such requests. Requests for reasonable accommodation shall be
processed as promptly and efficiently as possible.
Procedures for Non-Employee Users of Court Facilities, Programs, or
Activities
1. Patrons conducting
business in the Court may address their requests for accommodation directly to
the Clerk of Court or his designee in person, by calling (337) 433-9403.
2. Requests for accommodations must be made as far in advance as
possible but no less than five (5) working days from the date upon which it is
needed.
3. All accommodation requests shall include a description of the
accommodation sought, along with a statement about the impairment that requires
such accommodation. The Court or its
designee may request additional information about the qualifying impairment if
it is deemed necessary.
4. When an accommodation request is received, the Clerk of Court
or his designee will confer with the individual requesting the accommodation
and the manager of the area where the accommodation is needed to discuss and
evaluate the effectiveness of the accommodation. Requests which involve Court Rules shall be referred
to the Administrative Conference for consideration.
5. The Clerk of Court or his
designee will help coordinate provision of the requested accommodation or, with
the approval of the Chief Judge, a suitable and effective alternative may be
offered in the event that the original accommodation requested is not feasible.
6. The Clerk of Court or his designee shall contact the requestor
to offer the accommodation. A record of
the requestor’s response is made. If the
requestor rejects the accommodation offered, he/she is notified of the right to
file a complaint in the manner outlined below.
Procedures for Job Applicants
1.
Job applicants may request reasonable accommodation from any supervisor
or manager with whom he/she has contact during the application process or
he/she may contact the Clerk of Court or his designee at (337) 433-9403.
2.
All accommodation requests (preferably written) shall include a
description of the accommodation sought, along with a statement about the
impairment that requires such accommodation.
Additional information about the qualifying impairment may be requested
if it is deemed necessary.
3. The Clerk of Court or his designee will confer with the
applicant, evaluate the request, and arrange for the provision of the requested
accommodation. If provision of the
accommodation requested is not feasible, with the approval of the Chief Judge,
a suitably effective alternative may be substituted.
4. The job applicant shall be notified of the accommodations
which will be made. If the accommodation
offered is rejected, he/she shall be advised of the right to file a complaint
in the manner outlined below.
Procedures for Employees
1.
Employees may request reasonable accommodations from their supervisor
or the Clerk of Court or his designee.
2.
All accommodation requests (preferably written) shall include: 1) a description of the accommodation
sought; 2) a statement about the impairment that requires accommodation (Additional
information about the qualifying impairment may be requested if it is deemed
necessary.); and 3) an explanation of how the accommodation will enable the
employee to perform the essential functions of the job.
3.
The supervisor shall review the request and determine how it will
affect the operations, budget, and staffing of the office or unit. If he/she considers the accommodation request
reasonable based on the established criteria, the request is approved and
forwarded to the Clerk of Court or his designee. If the request will pose an undue hardship in
the supervisor’s opinion, he/she may suggest an equally effective alternative
accommodation before forwarding the request to the Clerk of Court or his
designee.
4. The Clerk of Court or his designee will confer with
the employee and supervisor, evaluate the request, and arrange for the
provision of the requested accommodation.
If provision of the accommodation requested is not feasible, with the
approval of the Chief Judge, a suitably effective alternative may be
substituted.
5. The employee shall be notified of the accommodation which will
be made. If the accommodation offered is
rejected, he/she shall be advised of the right to file a complaint in the
manner outlined below.
All documents pertaining to
accommodation requests will be kept on file in the Clerk of Court’s Office for
a period of five (5) years.
COMPLAINTS
Individuals with
disabilities who believe they have been discriminated against with regard to
access to employment, services, programs, or activities at the Court may file a
complaint with the Court’s Administrative General Counsel at:
LIST OF CONTACTS
Requests for accommodation or complaints should be
directed to the following individuals in accordance with this policy through
the sources listed below.
Clerk of Court’s Office:
Clerk of Court
Third Circuit Court of Appeal
(337) 433-9403
Fax (337) 491-2590
Administrative General Counsel:
Administrative General Counsel
Third Circuit Court of Appeal
(337) 433-9403
Fax (337) 491-2590