EQUAL EMPLOYMENT
OPPORTUNITY/NONDISCRIMINATION PROGRAM
191.1. EQUAL EMPLOYMENT
OPPORTUNITY/NONDISCRIMINATION POLICY
(Adopted Resolution 320-75 7/75;
Revised Resolution 791-81 10/81;
Resolution 599-90 10/90; Resolution
385-91 and 386-91 6/91; Reso-
lution 25-92 1/13/92; Resolution
91-93 3/2/93; Resolution 164-94
4/12/94)
The
Santa Cruz County Board of Supervisors, recognizes the need for and
reaffirms
its commitment to equal employment opportunity and nondiscrimina-
tion.
The continuing practice of the County of Santa Cruz shall be:
A.
This policy shall be known and may be cited as the:
COUNTY
OF SANTA CRUZ EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION POLICY
B.
As provided by State and Federal laws, the County of Santa Cruz
will ensure equal employment
opportunity and nondiscrimination
in all personnel transactions
including, but not limited to, the
recruitment, selection, transferring, promotion,
retention,
discipline, compensation,
assignment, benefits, training, evalua-
tion, layoff, and rehire of
qualified persons; to be fair and
impartial with all of its employees
and applicants for employ-
ment, whether elected, exempt, or
civil service without regard to
race, color, creed, religion,
national origin, ancestry, disabil-
ity, medical condition (cancer
related and genetic characteris-
tics), marital status, sex, sexual
orientation, gender, age (over
18), veteran status, pregnancy or
any other non-merit factor; and
C.
The County of Santa Cruz is committed to equal employment oppor-
tunity and views equality of
opportunity, fair access, equal
treatment and the concept of
diversity in the workforce as neces-
sary elements of its merit system;
these elements shall be inte-
grated, and considered congruent,
with its Personnel practices;
and
D. Each employee of the
County of Santa Cruz shall take affirmative
steps, within his or her job
responsibility, to implement this
policy and to protect the rights it
guarantees.
E.
The Board of Supervisors is committed to the concept that in
order to best serve the diverse
County population, pro active
efforts to ensure equal employment
opportunity should be taken in
order to employ the most qualified
workforce. It is the goal of
the Board of Supervisors to maintain a diverse workforce by
con-
tinually evaluating, monitoring,
tracking all levels of employ-
ment in all categories and
occupational groups; and maintaining a
countywide EEO plan as required by
federal laws.
F.
This policy shall be implemented in the following manner:
Section
191 - Page 1
1.
The County Administrative Officer is hereby charged with
ensuring the achievement of the
policy of equal employment
opportunity as established by
the Board, and stated herein.
2.
The County Administrative Officer has designated the Equal
Employment Opportunity Officer
as the manager of the Equal
Employment Opportunity/Nondiscrimination program and all
related programs and
activities.
3.
The County Administrative Officer has designated the Equal
Employment Opportunity Officer
as the "504" Equal Employment
Opportunity/Nondiscrimination
program compliance officer.
4.
The Equal Employment Opportunity Officer shall provide for
effective communication of the
Board's goals, and see that
each agency or department head
takes such proactive steps as
are necessary to achieve its
goals in compliance with Feder-
al, State, and local law and as
specified in the Equal Em-
ployment Opportunity/Nondiscrimination
Program.
191.2. HARASSMENT POLICY
(Adopted Resolution 791-81 10/81;
Revised Resolution 386-91 6/91)
A.
The Policy of the County of Santa Cruz regarding discriminatory
harassment is established as
follows:
1.
It is the policy of the County of Santa Cruz to promote an
employment environment free
from harassment having the ef-
fect, either directly or
indirectly, of discriminating
against a County employee or
applicant on the basis of race,
color, creed, religion,
national origin, ancestry, disabili-
ty, medical condition (cancer
related and genetic character-
istics), marital status, sex,
sexual orientation, age (over
18), pregnancy, gender, veteran
status, or any other non-
merit factor, and to take
reasonable steps to prevent such
harassment from occurring in
the employment practices envi-
ronment, including the following:
a. affirmatively raising the subject of harassment;
b. expressing strong disapproval;
c. developing appropriate sanctions;
d. informing employees of their right to raise and how to
raise the issue of
harassment under California law;
AND
e. developing methods to sensitize all concerned.
2.
Harassment includes but is not limited to:
Section
191 - Page 2
a. verbal harassment, e.g., epithets, derogatory comments
or slurs on a basis
enumerated in the foregoing para-
graph;
b. physical harassment, e.g., assault, impeding or block-
ing movement, or any
physical interference with normal
work or movement when
directed at an individual on a
basis enumerated in the
foregoing paragraph;
c. visual forms of harassment, e.g., derogatory posters,
cartoons or drawings on a
basis enumerated in the fore-
going paragraph;
OR
d. sexual advances, including
but not limited to sexual
advances which condition
an employment benefit upon an
exchange of sexual
favors. (See the policy on Sexual
Harassment in Section
192.3. below.)
3.
It is the policy of the County of Santa Cruz that such har-
assment shall not be tolerated,
condoned or trivialized, and
any harasser, if a County
employee, manager, official, vol-
unteer, client, advisory board
or commission member, con-
tractor or vendor, shall be
subject to appropriate disci-
pline, including possible
dismissal, as determined by the
employee's department head or
appointing authority upon due
consideration of the findings
and recommendations of the
Equal Employment Opportunity
Officer.
B.
This policy shall be implemented in the following manner:
1. The procedure for resolving complaints alleging harassment
shall be that set forth in
Personnel Regulations and Refer-
ences of Santa Cruz County Section 192 for resolving com-
plaints of discrimination or
harassment. The Equal Employ-
ment Opportunity Officer shall
inform the alleged harasser
of the alleged offending
behavior(s) and provide an opportu-
nity to respond to the
allegations by way of refutation
thereof or correction of
behavior deemed to be harassment,
as part of the informal
investigation and resolution of the
complaint.
2.
The Equal Employment Opportunity Officer shall be responsi-
ble for:
a. insuring that this policy, its definition of harass-
ment, including sexual
harassment, and the complaint
procedures are
disseminated to all employees;
b. providing guidance,
training and assistance to depart-
ment heads, supervisors,
liaisons and employees on
dealing with harassment
within their areas of responsi-
bility;
Section
191 - Page 3
c. investigating, resolving and making findings and recom-
mendations on complaints
of harassment that are report-
ed according to
established informal and formal com-
plaint procedures;
AND
d. upholding the rights of all employees to appeal in
accordance with Personnel
Regulations Section 192 .
3.
Department heads shall be responsible for informing person-
nel in their respective
departments during employee orienta-
tion or special training
sessions, of their rights and re-
sponsibilities under this
policy regarding harassment, and
for coordinating and
cooperating with the Equal Employment
Opportunity Officer in
resolving complaints involving per-
sonnel in their respective
departments.
4.
Contractors with the County of Santa Cruz shall be responsi-
ble for insuring that effective
policies and procedures
concerning the prevention of
harassment exist in their com-
panies as part of the
requirements under the equal employ-
ment opportunity
/non-discrimination clause of their con-
tracts with the County in a
manner consistent with the pur-
pose and intent of this policy.
C.
It is the policy of the County of Santa Cruz, and of departments
having regular public contact in
particular to be supportive of
employees experiencing harassment on
the job from members of the
public by taking reasonable steps to
identify and prevent such
behavior as it may occur.
D.
In applying this policy, the rights of free speech and associa-
tion shall be accommodated
consistently with the intent of this
policy.
E.
Nothing in these regulations may be construed as limiting the
County's right to take reasonable
disciplinary measures which do
not discriminate on a basis
enumerated in this policy.
Section
191 - Page 4
191.3. SEXUAL HARASSMENT POLICY
A.
It is the policy of the County of Santa Cruz that sexual harass-
ment is unacceptable conduct and is
prohibited in the work envi-
ronment. Such employee misconduct is a form of discrimination on
the basis of sex as defined in
Section 703 of Title VII of the
1964 Civil Rights Act (as amended),
and is subject to discipli-
nary action up to and including
dismissal. Employees should also
be aware that charges of sexual
harassment can be filed in civil
court, with potential monetary
damages.
B.
The County of Santa Cruz will not tolerate sexually harassing
behavior by any of its employees,
managers, officials, volun-
teers, clients, advisory board or
commission members, contrac-
tors, or vendors. If sexual
harassment is found, action will be
taken against the harasser.
C.
Sexual harassment is defined as:
1.
conduct including, but not limited to:
a. unsolicited and unwelcome sexual advances;
b. requests for sexual favors;
OR
c. verbal, visual or physical conduct of a sexual nature.
2.
WHEN any of the following criteria are met:
a. submission to such conduct is made either explicitly or
implicitly a term or
condition of employment (Quid Pro
Quo);
OR
b. submission to or
rejection of such conduct or communi-
cation by an employee is
used as a basis for employment
decisions affecting the
employee (Quid Pro Quo);
OR
c. such conduct has
the purpose or effect of unreasonably
interfering with an
employee's work performance or
create an intimidating,
hostile or otherwise offensive
work environment (Hostile
Environment).
D.
The three categories of sexual harassment are defined below but
not limited to the following
examples:
1.
Verbal
Section
191 - Page 5
Sexually derogatory comments,
slurs, jokes, remarks or epi-
thets. It is not necessary to use graphic or
sexually ex-
plicit language to verbally
harass someone. Otherwise be-
nign language, spoken in a
suggestive or derogatory tone of
voice or accompanied by visual or physical harassment, can
also be considered sexual
harassment.
2.
Visual
Leering, looking someone
"up and down", making sexual ges-
tures, notes or letters,
displaying sexually suggestive
objects, pictures, cartoons or
posters.
3.
Physical
Touching, impeding or blocking
movement, sexual assault and
attempted sexual assault. (Note: reporting sexual assault
as sexual harassment does not
replace the filing of criminal
charges). Common physical gestures like hugging or
other
physical contact can be
improper taken in context with other
comments and/or behavior.
E.
For the purpose of further clarification, sexual harassment in-
cludes but is not limited to:
1.
Subjecting any person in non-traditional work environments
to hazing (for example being
dared or asked to perform un-
safe work practices; having
tools and equipment stolen,
etc.) if requests for sexual
favors are not met.
2.
Making sexual advances that are unwanted, even in situations
where the relationship began
with reciprocal attractions,
but later ceased to be
reciprocal.
3.
Making reprisals, threats of reprisal, or implied threats of
reprisal following a negative
response to a request for
sexual favors. For example, either implying or actually
withholding support for an
appointment, promotion, or change
of assignment; suggesting a
poor performance report will be
prepared or suggesting
probation will be failed. Also mak-
ing reprisals against an
individual who has filed a sexual
harassment complaint.
4.
Engaging in implicit or explicit coercive sexual behavior
which is used to control,
influence, or affect the career,
salary, and/or work environment
of another employee. This
may include situations where an
individual is treated less
favorably because others have
acquiesced to sexual advances.
5.
Offering favors or employment benefits, such as promotions,
favorable performance
evaluations, favorable assigned duties
or shifts, recommendations, reclassifications,
etc., in
exchange for sexual favors.
Section
191 - Page 6
6.
Repeatedly asking an employee out, "hanging around" an em-
ployee with no legitimate work
related reason, and pursuing
an employee in or out of the workplace CAN cause a hostile
work environment, affecting the
employee's job performance.
If the interest is not
reciprocal, this IS sexual harass-
ment, even if no job benefit is
lost, and even if there is
no superior/subordinate
relationship involved.
7.
Engaging in written, verbal, physical and/or visual behavior
(as defined above) that results
in an ongoing intimidating,
hostile or offensive work
environment impacting the recipi-
ents' ability to do his or her
job.
F.
Sexual Favoritism: A situation
when one person is granted a
promotion or other job benefit by a
department head, manager or
supervisor received it because that
person submitted to sexual
advances or requests. An isolated instance of favoritism toward
a lover, friend or spouse may be
unfair and entirely unethical,
but it does not discriminate against women or men in violation of
Title VII, since both are
disadvantaged for reasons other than
their genders. However, there are slightly different
circum-
stances in which sexual favoritism
does constitute sexual harass-
ment.
1. If an employee is coerced into submitting to unwelcome
sexual advances in return
for a job benefit, this con-
stitutes quid pro quo
harassment of the coerced employ-
ee. Other employees who were qualified for but
denied
the benefit may be able to
establish that sex was gen-
erally made a condition
for receiving the benefit (a
condition that would not have been imposed on
the oppo-
site sex).
2. If favoritism based upon the granting of sexual favors
is widespread in a
workplace, both male and female
colleagues who do not
welcome this conduct can estab-
lish that a hostile work
environment exists, regardless
of whether any
objectionable conduct is directed at
them and regardless of
whether those who were granted
favorable treatment
willingly bestowed the sexual fa-
vors.
G.
Non-Employee Sexual Harassment:
Departments may be responsible
for sexual harassment of an employee
by a non-employee where the
department head, managers or
supervisory employees knew or should
have known of the unlawful conduct
and the department failed to
take immediate and appropriate
corrective action. A department
is potentially liable for
non-employee sexual harassment in the
same way they are liable for
co-worker sexual harassment depend-
ing on:
Section
191 - Page 7
1.
the extent of the department's control over the non-employ-
ee, and;
2.
any legal responsibility which the employee may have with
respect to the non-employee's
conduct.
H.
This policy shall be implemented in the following manner:
1.
Employees may file a formal complaint using the Discrimina-
tion or Harassment Complaint
Process (Personnel Regulations
-Section 192) in dealing with
sexual harassment. The Com-
plaint form is available
through the County's Online Person-
nel Regulations Information
(OPRI) System and at the Equal
Employment Opportunity
Office. The Equal Employment Oppor-
tunity Officer shall inform the
alleged harasser of the
alleged offending behavior(s)
and provide an opportunity to
respond to the allegations by
way of refutation thereof or
correction of behavior deemed
to be harassment, as part of
the informal investigation and resolution of the
complaint.
If appropriate action is not
taken to stop the harassment,
employees may further file a
formal complaint with the state
Department of Fair Employment
and Housing (DFEH) and/or the
federal Equal Employment
Opportunity Commission (EEOC).
2.
The Equal Employment Opportunity Officer shall be responsi-
ble for:
a. insuring that this policy, its definition of sexual
harassment, and the
complaint procedures are dissemi-
nated to all employees;
b. providing guidance, training and assistance to depart-
ment heads, supervisors
and employees on dealing with
sexual harassment within
their areas of responsibility;
c. investigating, resolving and making findings and recom-
mendations on complaints
of sexual harassment that are
reported according to
established informal and formal
complaint procedures;
AND
d. upholding the rights of all employees to appeal in
accordance with Personnel
Regulations Section 192.
3.
All department heads, managers and supervisors shall be
responsible for creating a
business-like work environment
free from sexual
harassment. This includes closely
scruti-
nizing their own actions. In addition, they are responsible
for taking direct, effective
action to stop sexual harass-
ment they are aware of, and
harassment they should be aware
Section
191 - Page 8
of (in other words, ignorance
of harassment is not necessar-
ily an acceptable defense for
inaction). Action taken must
prove effective.
4.
Although it is not required, it is generally helpful for
individuals who believe they
are being sexually harassed to
inform the harasser that his or
her behavior is unwelcome,
offensive, or highly
inappropriate. This is often the first
and sometimes the only action
needed to end the harassment.
Employees who believe they have
been sexually harassed can
and are advised that they may
seek assistance from manage-
ment, the department's Sexual Harassment Liaison or the
Equal Employment Opportunity
Office.
5.
Employees should understand that total confidentiality can-
not be guaranteed in regard to
sexual harassment. While the
need to protect all parties
involved will be addressed with
confidentiality as much as
possible, and no one without a
clear need to know will be
involved, the need to resolve a
sexual harassment situation and remove future sexual harass-
ment threat from the workplace
may require directly contact-
ing the alleged harasser and
his or her supervisor(s). This
should not deter an employee
from contacting the Equal Em-
ployment Opportunity Office to
try to resolve a difficult,
uncomfortable, or threatening
situation. Every effort will
be made to take the
complainant's wishes into consideration,
especially if there are
informal ways to resolve the prob-
lem.
6.
It should be noted that in some cases the actions of employ-
ees or supervisors, while not
being targeted at one single
employee, may be considered
harassing if those actions (in-
cluding the telling of sexually
explicit or derogatory jokes
and display of lewd or
suggestive printed pictures, car-
toons, or posters) are
perceived to create a hostile or
intimidating work
environment. The safest course of
action
to take in resolving such
problems or any potential situa-
tion of harassment is to
cooperate by modifying behavior or
removing or asking that the
offensive materials be removed.
7.
Employees and managers/supervisors are strongly encouraged
to seek assistance early from
the Equal Employment Opportu-
nity Office with any situation that they perceive has the
potential of becoming a sexual
harassment case.
G.
Santa Cruz County's policy on Sexual Harassment is not intended
to inhibit or restrict the
relationships of women and men employ-
ees within appropriate modes of
behavior - but rather to welcome,
encourage and support teamwork and
mutual respect among all em-
ployees.
191.4. The Santa Cruz County Board of Supervisors
Policy regarding dis-
criminatory practices effecting
individuals with disabilities is es-
tablished as follows:
Section
191 - Page 9
A.
DISABILITY NON-DISCRIMINATION POLICY (Resolution 25-92 1/13/92)
1.
The County of Santa Cruz shall promote programs, services
and a workplace environment for
County employees, applicants
and the public free from
unlawful discrimination, either
directly or indirectly, on the
basis of an individual's
disability; and
2.
The County of Santa Cruz shall take steps to prevent such
discrimination from occurring
in County government including
the following areas: a) opportunity for employment and; b)
accessibility to public
services and accommodation including
programs, services and
facilities.
3.
Each employee of the County of Santa Cruz whether elected,
exempt or civil service is
hereby directed to uphold this
policy and to acknowledge and
protect the rights that it
guarantees; and
4.
Contractors with the County of Santa Cruz shall be responsi-
ble for insuring that effective
policies and procedures
concerning the prevention of
discrimination based upon an
individual's disability exist
in their companies as part of
the requirements under the
equal employment opportunity /
non-discrimination clause of
their contracts with the County
in a manner consistent with the
purpose and intent of this
policy.
B.
This policy shall be implemented in the following manner:
1. The County Administrative
Officer shall be responsible for
upholding the rights of all
individuals both from the public
and employees to express
allegations of unlawful discrimina-
tion without fear of
retaliation or reprisal.
2.
Employees are encouraged to pursue resolution of their com-
plaints of alleged
discrimination with their supervisors;
other complainants including
the public are encouraged to
resolve their complaints or
allegations at the lowest level
possible within the department
or agency as published by the
department providing the
service or program in the complaint
resolution procedure.
3.
For purposes of employment:
a. The Equal Employment Opportunity Officer shall develop
and maintain procedures
for Discrimination Complaint
Resolution. These procedures
for informal and formal
resolution of charges,
complaints, allegations of un-
lawful discrimination,
shall be set forth in the County
Personnel Regulations
Section 193.
Section
191 - Page 10
b. The Equal Employment Opportunity Officer shall be re-
sponsible for:
1. insuring that this policy, its definition
of dis-
crimination, and the
Discrimination and Harassment
Complaint Resolution
procedures are disseminated
to all employees;
2. providing guidance, training and assistance
to
department or agency
administrators, departmental
liaisons,
supervisors, and employees on dealing
with discrimination
and reasonable accommodation
within their areas of
responsibility;
3.
resolving or investigating and making findings and
recommendations in
response to allegations and
complaints of
discrimination that are reported
according to
established procedures; and
c. The County Administrative Officer shall be responsible
for upholding the right of
appeal in accordance with
the Discrimination or
Harassment Complaint Resolution
procedures.
d. Department or agency administrators shall be responsi-
ble for informing their
employees of their rights,
responsibilities and
performance accountabilities under
this policy, and for the
administration of the Discrim-
ination and Harassment
Complaint Resolution process in
coordination and
cooperation with the Equal Employment
Opportunity Officer.
4.
For the purposes of the public's accessibility to public
services including the benefits
of services, programs or
activities and accommodation
related issues;
a. The Equal Employment Opportunity Officer shall develop
and maintain procedures
for Discrimination or Harass-
ment Complaint Resolution.
These procedures for infor-
mal and formal resolution
of charges, complaints, alle-
gations of unlawful
discrimination, shall be set forth
in the County Personnel
Regulations Section 193.
b. Each Department Head shall use the County's complaint
resolution procedure as defined in Personnel Regula-
tions Section 193, for
resolving complaints made by a
member of the public in
regards to issues covered by
these regulations. This complaint resolution procedure
will be made available to
the public through a pub-
lished document
distributed to individuals using the
program or receiving
services.
c. Each Department Head shall be responsible for:
Section
191 - Page 11
1. designating a staff member responsible for
dissem-
inating information
to staff and the public and
resolving complaints
received and publishing this
individual's name and
contact information.
2. insuring that this policy, its definition
of dis-
crimination, and the
complaint resolution proce-
dures are
disseminated to the public;
3. providing guidance, training and assistance
to
department or agency
managers, supervisors, and
employees on dealing
with discrimination within
their areas of
responsibility;
4. resolving or investigating and making
findings and
recommendations in
response to allegations and
complaints of
discrimination that are reported
according to
established procedures.
d. The County Administrative Officer shall be responsible
for upholding the right of
appeal in accordance with
the complaint resolution
procedures.
C.
In exercising their right to express an allegation of discrimina-
tion or complain against unlawful
practices, an individual shall
be free from retaliation, reprisals,
or threats of reprisals
because they made a charge,
testified, assisted, or participated
in any manner in an investigation,
proceeding, or hearing under
this policy.
D.
In applying this policy, the rights of free speech and associa-
tion shall be accommodated
consistently with the intent of this
policy.
E.
Nothing in these regulations may be construed as limiting the
County's right to take reasonable
disciplinary measures which do
not discriminate on a basis
enumerated in this policy.
191.5. REASONABLE ACCOMMODATION POLICY
(Resolution 25-92 1/13/92)
A.
It is the policy of the County of Santa Cruz that no qualified individual with a disability, shall on the basis of a disability, be subjected to discrimination in employment as covered under Section 703 of the Civil Rights Action of 1964 (as amended) and defined in the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the ADA Amendments Act of 2008 and the California Fair Employment and Housing Act.
B.
It is the policy of the County of Santa Cruz that individuals
with disabilities who require a
reasonable accommodation in order
to take an examination must inform
the Personnel Department at
the time of application of the need
for the accommodation. Docu-
mentation from a physician or
Department of Rehabilitation veri-
fying the need for accommodation must
accompany the request.
Section
191 - Page 12
Reasonable accommodation in the test
administration will be made
considering the individual's needs
and the physical ability re-
quirements to perform the essential
job functions.
Physical Agility Tests: Physical agility tests are not medical
examinations and can be given at any
time during the employment
process. These tests will be job related and consistent with
business necessity and will used
where performance of job related
activities measures cannot be
achieved with reasonable accommoda-
tion.
C.
It is the policy of the County of Santa Cruz to conduct a medical
examination or inquiry, only after a
job offer has been made and
to consider reasonable accommodation
of an individual to perform
the essential functions of the job
considering work restrictions;
working conditions exposure
limitations; job restructuring; adap-
tive technique, device or equipment;
and protective gear and
devices. All entering employees in the same job class are given
the same examination or
screening. Information on the medical
condition of an applicant is
maintained in separate files and
treated as confidential except that
supervisors and managers are
be informed of restrictions and
accommodations required by an
employee; Occupational Safety and Health
Division is informed
where a disability might require
emergency treatment; and govern-
ment officials investigating
compliance also could be provided
with information.
D.
It is the policy of the County of Santa Cruz when an employee
becomes injured or disabled, whether
on the job or off the job,
to consider reasonable accommodation
of the individual's disabil-
ity whether short term or permanent.
E.
Definitions:
1. Disability Defined: A physical or mental impairment that limits one or more of the major life activities of such individual; a record or history of such an impairment; or being regarded as having such an impairment.
a. Physical impairment includes a physiological disorder, cosmetic disfigurement, or anatomical loss affecting a body system.
b. Mental impairment includes a mental disorder such as mental retardation or emotional or mental illness.
c. Limits includes being unable to perform a major life activity that the average person can perform or being restricted as to the condition, manner or duration under which a major life activity can be undertaken
Section
191 - Page 13
d. Major life activities would include functions such as caring for oneself, walking, hearing, seeing, speaking, etc.
2.
Qualified Individual with a Disability Defined: an individu-
al with a disability who
satisfies the requisite skill,
experience, education and other
job related requirements of
the employment position such
individual holds or desires,
and who with or without
reasonable accommodation, can per-
form the essential functions of
such position. Departments
are required to make reasonable
accommodation to the known
physical or mental limitations
of an otherwise qualified
individual with a disability
unless it would result in an
undue hardship.
a. Exclusions: individuals who are currently engaging in
illegal use of drugs,
however, anyone who has success-
fully completed a drug rehabilitation program and is
not currently using drugs
would be included in the
definition.
b. Essential Functions: fundamental job duties of the
position. Marginal job
functions are not included.
Factors to be considered
in determining whether a func-
tion is essential
include: the judgment of the employ-
er; written job descriptions;
the amount of time spent
in performing the
function; and the consequences of not
requiring the performance
of the function.
c. Reasonable Accommodation:
An accommodation is any
change in the work environment or in the way things are
customarily done that
enables an individual with a
disability to enjoy equal
employment opportunities. No
specific form of accommodation
is guaranteed for all
individuals with a
specified disability. Reasonable
accommodation could
include making existing facilities
accessible to persons with
disabilities (both work and
non-work areas); job
restructuring; part-time or modi-
fied work schedules;
reassignment to a vacant position;
providing readers or
interpreters; or modifying exami-
nations and training
materials. Additionally, reason-
able accommodation could
include using accrued leave or
providing additional
unpaid leave for medical treat-
ment; making employer
provided transportation accessi-
ble; providing reserved
parking spaces; and providing
personal assistants, such
as a page turner or travel
attendant.
d. Undue Hardship: Departments do not have to undertake a
reasonable accommodation
if they can demonstrate it
would result in
significant difficulty or expense.
Undue hardship refers to
accommodations that would be
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191 - Page 14
unduly costly, extensive,
substantial, or disruptive,
or that would
fundamentally alter the nature or opera-
tion of the business.
F.
This policy shall be implemented in the following manner:
1.
Employees may file a formal complaint using the Discrimina-
tion or Harassment Complaint
Process (Personnel Regulations
-Section 192) in dealing with
discrimination based upon a
disability or cancer related medical condition. The Com-
plaint Form is available
through the County's Online Person-
nel Regulation Information
(OPRI) System or at the Equal
Employment Opportunity Office.
Employees may further file a
formal complaint with the state
Department of Fair Employ-
ment and Housing (DFEH) and/or
the federal Equal Employment
Opportunity Commission (EEOC).
2. The Equal Employment Opportunity Officer shall be responsi-
ble for:
a. insuring that this policy and the complaint procedures
are disseminated to all
employees;
b. providing guidance, training and assistance to depart-
ment heads, supervisors
and employees on dealing with
reasonable accommodation
within their areas of respon-
sibility;
c. investigating, resolving and making findings and recom-
mendations on complaints
of discrimination based upon a
disability that are
reported according to established
informal and formal
complaint procedures;
d. determining reasonable accommodation of an individual
employee upon the
recommendation of the Occupational
Health physician, where an
employee becomes injured or
disabled, whether on the
job or off the job;
AND
e. upholding the rights of all employees to appeal in
accordance with Personnel
Regulations Section 192.
3.
Personnel Services Division staff shall be responsible for:
a. Conducting job analysis of positions/classes to deter-
mine the physical
abilities required to perform the
essential job functions;
b. Making reasonable
accommodation for test administration
purposes.
c. For the purpose of pre-employment medical examinations
or screening, determining
reasonable accommodation of
Section
191 - Page 15
an individual employee
upon the recommendation of the
Occupational Health
physician.
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