(a) The BOARD and the ASSOCIATION agree that there shall be no discrimination against any employee based on race, color, creed, age, sex, national origin, disability or handicap, all as in accordance with and as limited by the provisions of applicable law.
3.02 Request for Accommodation
(a) Any employee requesting any accommodation for any disability shall be required to furnish the Superintendent with a statement from his/her physician setting forth the particulars of the disability which requires accommodation and the recommendation from such physician for the accommodation(s) necessary.
(b) Upon receipt of such request, the Superintendent shall review the request.
(c) ln the event an issue exists as to whether the employee is disabled, as defined in the Americans With Disabilities Act, such issue shall be deemed a threshold issue. This issue shall be resolved utilizing the Grievance/Arbitration provision of this AGREEMENT, subject to the limitation that the sole issue to be submitted to an arbitrator shall be whether the employee is disabled as de?ned in the Americans With Disabilities Act.
(d) Once the issue of whether the employee is disabled is resolved, the ASSOCIATION and the Superintendent shall meet to determine what reasonable accommodation is appropriate.
(e) in the event agreement on a reasonable accommodation cannot be reached, the employee shall have the right to utilize the Grievance/Arbitration provisions of this AGREEMENT to resolve the matter.
(f) During the processing of a request for an accommodation, the Superintendent may, in the exercise of his sole discretion, require any employee claiming to be disabled and seeking accommodation to be examined by a physician or physicians selected by the Superintendent for the purpose of determining whether the employee is disabled and/or what accommodations may be appropriate under the circumstances present.
(g) The employee is responsible for all expenses incurred from his/her physician.
(h) The BOARD is responsible for ail expenses incurred from the physician selected by the Superintendent.
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