Policy AM-203-5 Reasonable Accommodations

<strong>ADA Coordinator</strong> – A Representative of an Agency responsible for handling disability-related accommodation requests.

<strong>Essential Job Function</strong> – The fundamental duties of the position or the primary reasons the position exists. Essential functions are such that they cannot be eliminated or substantially modified without changing the nature of the position. Essential functions do not include the marginal functions of the position.

<strong>Reasonable Accommodation</strong> – A modification or adjustment to a position, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to perform the essential functions of the position. Reasonable accommodations may include but are not limited to: <ul> <li>Making physical modifications to the worksite or furniture;</li> <li>Modifying work schedules, granting leave, reassignment to a vacant position; or</li> <li>Acquiring or modifying equipment software packages, or devices, adjusting or modifying examinations, training materials or policies, and providing interpreters or other assistive services.</li> </ul>

<strong>Undue Hardship –</strong> An accommodation or action requiring significant difficulty or expense when considered in light of factors such as financial resources and the nature and structure of operations. Undue hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.

<strong>Direct Threat to Safety –</strong> A significant or substantial threat of harm that cannot be reduced or eliminated by a reasonable accommodation (e.g., someone who has uncontrolled seizures and operates heavy or sensitive equipment).

Employees and applicants are responsible for requesting an accommodation under this Policy as further described in <em>Section V</em> below.

Supervisors are responsible for promptly notifying the ADA Coordinator of an employee accommodation request brought to their attention. Additionally, a supervisor who discovers (or is made aware of) a possible need for an accommodation should immediately notify an ADA Coordinator.

ADA Coordinators are responsible for engaging in the interactive process to determine whether an employee or applicant is eligible for an accommodation and to evaluate whether a workplace accommodation is feasible and/or appropriate.

Employing Agencies are responsible to decide whether and to what extent an accommodation will be offered.

When a requesting employee’s disability and/or accommodation needs are not obvious, the ADA Coordinator shall ask the employee to provide reasonable documentation from an appropriate health care provider that explains the disability and any functional limitations, as well as the type of accommodation(s) that may be required. Such information must be provided by the health care provider in writing. The request for documentation shall be narrow in scope and focus on the disabling condition that prompted the accommodation request.

If medical documentation provided by an employee’s health care provider is not sufficient to establish a qualifying disability or the need for accommodation, the ADA Coordinator should request clarification or additional information from the health care provider. If the employee’s health care provider fails to correct any deficiencies in the employee’s documentation, the City may require the employee to undergo a medical examination. Such evaluation shall be conducted at the City’s expense and by a health care provider chosen by the City.

The employee requesting accommodation is expected to work cooperatively with the ADA Coordinator to obtain the necessary medical documentation in a timely manner and must authorize his/her health care provider to communicate this information to the City. Failure to provide necessary medical documentation and information, or the refusal to undergo a medical examination when requested, may result in the denial of the employee’s accommodation request.

Agencies must seek approval from DHR before requiring a medical examination of an employee with regard to a reasonable accommodations request.

Requests for accommodations must be decided on a case-by-case basis because the nature and extent of a disabling condition and requirements of the position will vary. The principal test in selecting a particular type of accommodation is that of effectiveness, i.e., whether the accommodation will enable the person with a disability to perform the essential functions of the job.

Once the ADA Coordinator receives <em><cite data-path="§AM-203-5-1">AM-203-5-1</cite></em>, or other acceptable documentation, the ADA Coordinator will:

Although the employee will be consulted during the process, the Agency shall in its sole discretion decide whether and to what extent an accommodation will be offered. The Agency may approve the requested accommodation as presented by the employee, suggest one or more effective alternative accommodations, or deny the request if no reasonable accommodation can be identified. Accommodations that pose an undue hardship or a direct threat to safety will not be offered or permitted.

An employee is not obligated to accept the accommodation offered, however, a decision to decline an accommodation may render the employee unqualified to remain in the position.

Once a workplace accommodation is accepted, the employee’s supervisor will work with the employee to make sure the accommodation will enable the employee to perform safely and effectively in the job.

Retaliation against an individual with a disability for having requested an accommodation under this policy is strictly prohibited. Concerns about retaliation or discrimination on the basis of disability should be promptly reported to the Agency’s Equal Opportunity Compliance (EOC) Officer in accordance with <em><cite data-path="§AM-204-18">AM-204-18</cite> Equal Employment Opportunity Policy</em>, Section IV.