SANTA CRUZ COUNTY

PERSONNEL ADMINISTRATIVE MANUAL

PURPOSE:

To review employee and applicant requests for accommodation to determine the applicability of various legal duties to accommodate and the reasonableness of the requested accommodation.

LEGAL BASIS:

1973 Rehabilitation Act - Section 504

The Americans with Disabilities Act of 1990, as amended, 42

U.S.C. Section 12101 et seq.

EEOC ADA Regulations 29 C.F.R. Part 1630

DOJ and EEOC Technical Assistance Manual 

California Government Code Section 12940 

County Personnel Regulations Section 191.5. and 193

POLICY:

1. The County's Reasonable Accommodation Policy, found in Personnel Regulation Section 191.5, provides that reasonable accommodation will be extended to all qualified persons with a disability. In order to determine whether an accommodation request is made by a "qualified person with a disability", the following three-step analysis must be answered in the affirmative:

    

   1. Does the person have a disability?
      1. A person with a disability is one who:
         1. has a mental or physical impairment which substantially limits one or more major life activities;
         2. has a record of such impairment;
         3. is regarded as having such an impairment.

          

   2. Is the person "qualified"?

      A qualified person is one who with or without reasonable accommodation can perform the essential functions of a job.

      1. Does the person possess all mandatory licenses, certificates and/or educational or work experience required and necessary for the position?

      2. Can the person with or without accommodation, perform the essential functions of the position?

   3. Can the qualified person with a disability perform the job duties without a direct threat to the safety of the individual or others?

2. Accommodation requests will be evaluated for all qualified persons to determine possible accommodations and their reasonableness.
   1. What is an "accommodation"?

      Some change in the work environment or in the way things are customarily done that enables a person with a disability to enjoy equal employment opportunities and be able to perform the essential functions of the job.

   2. Examples of types of accommodation:
      1. Job restructuring: The individual performs the essential job functions of the position with specific restrictions from performing specific tasks.

      2. Part time or modified work schedules: Changing hours or start times to allow the individual to be able to perform the essential job functions.

      3. Auxiliary aids: Providing a service or device that a person with a disability can use to overcome some of the limitations caused by his/her disability, which allows him/her to perform the essential job functions of the position. The provision of aids which are primarily for the personal benefit of the person with a disability (such as eye glasses) is not required.

      4. Accessibility: Making existing facilities accessible to persons with a disability.

      5. For existing employees, consideration of alternative placement in a vacant position or class where the employee is able to perform the essential functions of the job with or without accommodation.

      6. Leaves of absence.

   3. Evaluating an accommodation request: The following process should be completed and documented to evaluate an accommodation request.
      1. Identify barriers to performance: With input from the individual requesting accommodation, identify conditions or tasks which make it difficult or impossible for the person to perform both the essential and non-essential functions of the position.

      2. Identify possible accommodations: With input from the person with a disability and the department, identify any accommodations which would allow the employee to perform the essential functions of the position.
         1. As needed, consult State Vocational Rehabilitation Services Agency, Federal Job Accommodation Networks and other specialists to determine possible accommodations.

   4. Assess the reasonableness of the possible accommodations:
      1. To be reasonable, an accommodation should effectively eliminate the barrier to performance, it should be reliable and capable of being provided in a timely manner, and it should allow the individual to perform the job safely.

      2. Each possible accommodation should also be assessed in terms of effectiveness and equal opportunity.

   5. Choose an appropriate accommodation: After working with the person with a disability and determining the preference of the individual to be accommodated and giving "primary consideration" to that preference, select the accommodation that is most appropriate for the County and the individual.

3. All chosen accommodations must be evaluated to determine whether providing the accommodation would impose an undue hardship on the operation of the County.
   1. "Undue hardship" is an action requiring significant difficulty or expense; that is, unduly costly, extensive, substantial or disruptive or a change that would fundamentally alter the nature of the County business.

   2. Factors to be considered when determining undue hardship:
      1. the nature and cost of the accommodation, taking into consideration outside funding or credits;

      2. financial resources of the County;

      3. whether the individual will offset the cost of any requested accommodation; and

      4. provisions in the applicable MOU.

1. Applicants/New-Hires:

   Applicants and New Hires should direct accommodation requests to the hiring department or to the Personnel Department. To evaluate the reasonableness of an accommodation request for newly hired employees or applicants, the following information should be obtained:

   1. Americans With Disabilities (ADA) Coordinator provides the County's Occupational Health Physician (OHP) documentation of a medical standards job analysis and a matrix of physical requirements for the job class and position. Any applicant pre-offer requests for accommodation should be communicated to the OHP by the ADA Coordinator.

   2. The OHP conducts a post job-offer medical examination. Where a pre-existing condition is determined by the OHP to require accommodation for the individual to perform the essential functions of the position, the OHP documents the results on form PER3592. The ADA Coordinator is contacted to discuss whether the applicant/new hire is a qualified individual with a disability, and the nature of the accommodation, including any restrictions that would be required to allow the individual to perform the essential functions of the position.

   3. The ADA Coordinator contacts department staff to discuss the accommodation request and any work restrictions to determine what accommodations can be made, and whether or not the accommodations are reasonable. (See Policy Section II)

   4. The applicant/new hire is contacted by the department to discuss any restrictions on his/her ability to perform the essential functions of the job and to explore potential accommodations.

   5. The department, in consultation with the ADA Coordinator, evaluates the reasonableness of the possible accommodations and whether any of the reasonable accommodations pose an undue hardship. (See Policy Sections II and III)

   6. If an accommodation can be made, the applicant/new hire is contacted by the department to discuss the nature and scope of the accommodation and all other employment conditions as required pursuant to County or department policy. The results of accommodation efforts are documented by the ADA Coordinator.

   7. If the department cannot accommodate the applicant/new hire to the specific position, the individual is notified by the department that they cannot continue to consider him/her for this position, but his/her name will remain on the eligible list for other openings in the class where accommodation may be possible.

   8. If the nature of the job requirements are such that an accommodation to any position in the class cannot be made, the applicant will be notified by Personnel that their name is being removed from the eligible list. The applicant will also be notified of his/her appeal rights to the Civil Service Commission for removal from the list.

2. Industrial Injury/Current Employee: 

   This procedure is invoked for any industrially injured employee requesting a return to work who is also a qualified person with a disability. The employee completes the Employee Reasonable Accommodation Request form (PER1100A) and submits it to the Workers Compensation Unit. Note: (An industrial injury does not automatically qualify an individual for reasonable accommodation or protection under the Americans with Disabilities Act.) This procedure applies only to employees whose injury has been accepted as industrial by the Workers' Compensation claims administrator. Employees with contested Workers' Compensation claims will follow the procedure outlined in Procedure Section III (see page 6).

   1. The County Workers' Compensation Program Manager (WC Program Manager) obtains a job analysis which contains a listing of the job requirements and frequency of performing various job components.

   2. The WC Program Manager ensures that a medical evaluation is obtained that is clear as to the nature/extent of any disability and resultant limitations.

   3. The WC Program Manager coordinates with the OHP, ADA Coordinator, and the department to discuss any work restrictions and potential accommodation options. The department completes the Reasonable Accommodation Department Response form (PER1100B).

   4. The injured worker or his/her representative is contacted by the department to discuss any restrictions on his/her ability to perform the essential functions of the job and to explore potential accommodations.

   5. The WC Program Manager coordinates with department staff to discuss potential accommodations to the current position or another position in the same class within the department. If the department reports that it cannot provide accommodation to the same class, an equivalent or lower class within the department is discussed. Evaluation of accommodation requests will be made in accordance with the process established in Policy Sections II and III (see pages 2 - 4).

   6. If the department reports that it cannot accommodate the injured worker, the case is referred to the Reasonable Accommodation Committee for review. (See Procedure Section IV.)

3. Non-Industrial Disability/Current Employee:

   This procedure is invoked for non-industrial disabilities and contested Workers' Compensation injuries. The employee completes the Employee Reasonable Accommodation Request form (PER1100A) and submits it to the department. Departments should contact the EEO Office immediately when a request is received for reasonable accommodation.

   1. Equal Employment Opportunity (EEO) staff, in consultation with the Workers' Compensation Program Manager in cases of contested Workers' Compensation injuries, determines whether the employee is a qualified person with a disability.

   2. EEO staff conducts a job analysis which contains a listing of the essential job functions and frequency of performing various job functions. (For some contested Workers' Compensation injuries, a job analysis may already be available.)

   3. EEO staff ensures that a medical evaluation is obtained that is clear as to the nature/extent of any disability and resultant limitations.

   4. EEO staff coordinates with the OHP and the department to discuss any work restrictions and potential accommodation options. The department completes the Reasonable Accommodation Department Response form (PER1100B).

   5. The employee is contacted by the department to discuss any restrictions on his/her ability to perform the essential functions of the job and to explore potential accommodations.

   6. EEO staff coordinates with department staff to discuss potential accommodations to the current position or another position in the same class within the department. If the department reports that it cannot provide accommodation to the same class, an equivalent or lower class within the department is discussed. Evaluation of accommodation requests will be made in accordance with the process established in Policy Sections II and III (see pages 2 - 4).

   7. If the department reports that it cannot accommodate the person with a disability, the case is referred to the Reasonable Accommodation Committee for review. (See Procedure Section IV.)

4. Reasonable Accommodation Committee:

   The Reasonable Accommodation Committee is comprised of the ADA Coordinator, Occupational Safety and Health Program Manager, Employee Relations Program Manager, Employment Services Program Manager, Personnel Department's County Counsel, Workers' Compensation Program Manager, and the Occupational Health Physician. The Reasonable Accommodation Committee will consult with the Commission on Disabilities for technical assistance.

   1. The purpose of the Reasonable Accommodation Committee is to review and evaluate all cases in which an initial determination has been made that an accommodation cannot be made for a current employee who is a person with a disability due to either industrial or non-industrial causes.

   2. If the Committee, after considering all the facts, concurs with the department that accommodation cannot be made, the Committee will consult with the Equal Employment Opportunity Officer regarding its intended action.

   3. After consultation with the Equal Employment Opportunity Officer, the Committee will notify the department and the individual employee of the action.

   4. After review of the accommodation request the Committee may make any of the following findings:

   5. Accommodation in the current position within the department;

   6. Placement in another vacant position in the same class within the department;

   7. Placement in a vacant position in an equivalent or lower class in the department where the employee meets the qualifications and can perform the essential functions of the position with or without accommodation;

   8. Placement in a vacant position in the same class within the County where the employee can perform the essential functions of the position with or without accommodation;

   9. Placement in a vacant position in an equivalent or lower class within the County where the employee meets the qualifications and can perform the essential functions of the position with or without accommodations;

   10. No accommodation in the current position or no placement in a vacant position.

5. A. D. A. Complaint Resolution:

   Any applicant or employee who believes that their rights under the A. D. A. have been violated, including any complaints regarding accommodation requests, may file a complaint pursuant to the County A. D. A. Complaint Resolution Policy found at Personnel Regulation Section 193.