N.Y. Civil Service Law § 55: Examination of blind or physically handicapped applicants

§ 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.