§ 55 — Examination of blind or physically handicapped applicants

New York § 55

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Examinations and Eligible Lists
• Art. 4: Recruitment of Personnel

Text

§ 55. Examination of blind or physically handicapped applicants. 1.\nNotwithstanding any provision of law to the contrary, except as herein\nprovided, neither the state civil service department nor the state civil\nservice commission nor any municipal civil service commission shall\nhereafter prohibit, prevent, disqualify or discriminate against any\nperson who is physically and mentally qualified, from competing,\nparticipating or registering for a civil service competitive or\npromotion examination or from qualifying for a position in the\nclassified civil service solely by reason of his or her blindness or\nother handicap; and any such rule, requirement, resolution or regulation\nshall be void.\n 2. The state civil service department and each municipal civil service\ncommission shall cooperate with the commission for the visually\nhandicapped in the state department of social services, and the state\neducation department, to the end that there shall be no discrimination\nagainst blind or handicapped persons applying in the civil service,\nunless the condition of blindness or other handicap be such as to\nprevent the blind or handicapped person from satisfactorily performing\nthe duties of the position to which he seeks appointment.\n 3. Upon request of an applicant or an eligible for a civil service\nposition who has been found to be blind or otherwise handicapped, the\ncommission for the visually handicapped in the state department of\nsocial services, or in the case of an otherwise handicapped person, the\nstate education department, shall obtain from the state civil service\ndepartment or the appropriate municipal civil service commission a\ndetailed description of all duties of such position and shall\ninvestigate the extent of the alleged disability by examination of such\napplicant or otherwise, and shall determine and report its findings to\nthe state civil service department or appropriate municipal civil\nservice commission, as to the physical ability of such applicant or\neligible to perform the duties of such position. Such findings shall be\ngiven due consideration by the state civil service department or\nmunicipal civil service commission.\n 4. Where the applicant for a civil service position is not so\nphysically disabled by blindness or other handicap as to prevent him\nfrom satisfactorily performing the duties of the position for which he\nis applying, to insure competitive equality between the blind or other\nhandicapped person and persons not so handicapped in connection with the\ntaking of written civil service test, the commission for the visually\nhandicapped in the state department of social services, or in the case\nof an otherwise handicapped person, the state education department, may\nrequest from the state civil service department or appropriate municipal\ncivil service commission the furnishing of an amanuensis when necessary,\nallowing additional time for such test to insure equality.\n 5. The provisions of this section shall not apply to applicants or\neligibles whom the state civil service commission or appropriate\nmunicipal civil service commission finds to be incapacitated by mental\nillness for performance of the duties of the position sought.\n