N.Y. Comp. Codes R. & Regs. tit. 9 § 6000.2

Current through Register Vol. 46, No. 19, May 8, 2024

Section 6000.2 - Statement of purpose

(a) With the enactment of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., into law, the council recognized the need to revise the height, weight, and physical fitness standards for entry-level police officers to ensure that all such standards were job-related, consistent with business necessity, and did not discriminate against qualified persons with disabilities. Over a one-year period, a comprehensive statewide job task analysis of the essential functions of an entry-level police officer was conducted with the participation of over three hundred law enforcement supervisors. A detailed listing of the essential job functions generally common to all police agencies in the State was developed. Based upon that list, a medical advisory group consisting of physicians and other health-related professionals who have examined police officer candidates pursuant to their employment, formulated a list of standards for entry-level police officers, and noted medical conditions which may potentially disqualify a candidate from learning and performing the essential functions of an entry-level police officer. It is important to keep in mind that the job task analysis only identified the essential job functions generally common to all policing. A local police agency may have additional or different essential job functions for its entry-level police officers which are not specifically addressed in the statewide listing.

(b) In accordance with Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. § 2000e et seq.), the council also recognized the need to revise the physical fitness screening practice so that the test employed provides an objective, verifiable measure of physical fitness that is properly focused on job-related skills and aptitudes and provides an accurate assessment of a candidate's physiological capacity to learn and perform the essential job functions of an entry-level police officer. Pursuant to the statewide job task analysis, a battery of physical screening elements was developed based upon the model formulated by the Cooper Institute for Aerobics Research. The analysis recommended the adoption of such elements for physical fitness screening and determined that such elements do not adversely impact a candidate based upon his/her sex. The physical fitness screening elements of the tests are job-related, consistent with business necessity and do not discriminate against qualified persons. Each of the physical fitness screening elements of the tests were validated and correlated to the performance of essential job functions.

(c) The purpose of this Part is to set forth the essential job functions adopted pursuant to the statewide job task analysis which are generally common among all police agencies, the minimum medical and physical fitness standards for entry-level police officer candidates, and the process for medical review by a qualified physician or a qualified practitioner to examine each candidate and allow such candidate to demonstrate on a case-by-case basis, his/her ability to perform the essential job functions of an entry-level police officer, regardless of the existence of a potentially disqualifying condition.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6000.2

Amended New York State Register June 24, 2015/Volume XXXVII, Issue 25, eff.6/24/2015