Legislation
SECTION 55
Examination of blind or physically handicapped applicants
Civil Service (CVS) CHAPTER 7, ARTICLE 4, TITLE A
§ 55. Examination of blind or physically handicapped applicants. 1.
Notwithstanding any provision of law to the contrary, except as herein
provided, neither the state civil service department nor the state civil
service commission nor any municipal civil service commission shall
hereafter prohibit, prevent, disqualify or discriminate against any
person who is physically and mentally qualified, from competing,
participating or registering for a civil service competitive or
promotion examination or from qualifying for a position in the
classified civil service solely by reason of his or her blindness or
other handicap; and any such rule, requirement, resolution or regulation
shall be void.
2. The state civil service department and each municipal civil service
commission shall cooperate with the commission for the visually
handicapped in the state department of social services, and the state
education department, to the end that there shall be no discrimination
against blind or handicapped persons applying in the civil service,
unless the condition of blindness or other handicap be such as to
prevent the blind or handicapped person from satisfactorily performing
the duties of the position to which he seeks appointment.
3. Upon request of an applicant or an eligible for a civil service
position who has been found to be blind or otherwise handicapped, the
commission for the visually handicapped in the state department of
social services, or in the case of an otherwise handicapped person, the
state education department, shall obtain from the state civil service
department or the appropriate municipal civil service commission a
detailed description of all duties of such position and shall
investigate the extent of the alleged disability by examination of such
applicant or otherwise, and shall determine and report its findings to
the state civil service department or appropriate municipal civil
service commission, as to the physical ability of such applicant or
eligible to perform the duties of such position. Such findings shall be
given due consideration by the state civil service department or
municipal civil service commission.
4. Where the applicant for a civil service position is not so
physically disabled by blindness or other handicap as to prevent him
from satisfactorily performing the duties of the position for which he
is applying, to insure competitive equality between the blind or other
handicapped person and persons not so handicapped in connection with the
taking of written civil service test, the commission for the visually
handicapped in the state department of social services, or in the case
of an otherwise handicapped person, the state education department, may
request from the state civil service department or appropriate municipal
civil service commission the furnishing of an amanuensis when necessary,
allowing additional time for such test to insure equality.
5. The provisions of this section shall not apply to applicants or
eligibles whom the state civil service commission or appropriate
municipal civil service commission finds to be incapacitated by mental
illness for performance of the duties of the position sought.
Notwithstanding any provision of law to the contrary, except as herein
provided, neither the state civil service department nor the state civil
service commission nor any municipal civil service commission shall
hereafter prohibit, prevent, disqualify or discriminate against any
person who is physically and mentally qualified, from competing,
participating or registering for a civil service competitive or
promotion examination or from qualifying for a position in the
classified civil service solely by reason of his or her blindness or
other handicap; and any such rule, requirement, resolution or regulation
shall be void.
2. The state civil service department and each municipal civil service
commission shall cooperate with the commission for the visually
handicapped in the state department of social services, and the state
education department, to the end that there shall be no discrimination
against blind or handicapped persons applying in the civil service,
unless the condition of blindness or other handicap be such as to
prevent the blind or handicapped person from satisfactorily performing
the duties of the position to which he seeks appointment.
3. Upon request of an applicant or an eligible for a civil service
position who has been found to be blind or otherwise handicapped, the
commission for the visually handicapped in the state department of
social services, or in the case of an otherwise handicapped person, the
state education department, shall obtain from the state civil service
department or the appropriate municipal civil service commission a
detailed description of all duties of such position and shall
investigate the extent of the alleged disability by examination of such
applicant or otherwise, and shall determine and report its findings to
the state civil service department or appropriate municipal civil
service commission, as to the physical ability of such applicant or
eligible to perform the duties of such position. Such findings shall be
given due consideration by the state civil service department or
municipal civil service commission.
4. Where the applicant for a civil service position is not so
physically disabled by blindness or other handicap as to prevent him
from satisfactorily performing the duties of the position for which he
is applying, to insure competitive equality between the blind or other
handicapped person and persons not so handicapped in connection with the
taking of written civil service test, the commission for the visually
handicapped in the state department of social services, or in the case
of an otherwise handicapped person, the state education department, may
request from the state civil service department or appropriate municipal
civil service commission the furnishing of an amanuensis when necessary,
allowing additional time for such test to insure equality.
5. The provisions of this section shall not apply to applicants or
eligibles whom the state civil service commission or appropriate
municipal civil service commission finds to be incapacitated by mental
illness for performance of the duties of the position sought.