Spring Fire Department ADA Policy PDF

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.046 Document Title: Date: 06/18/2014 American with Disa...

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.046 Document Title: Date: 06/18/2014 American with Disabilities Act (ADA) Policy and Procedures Chief’s Signature: Revision Number: 00 Implementation The Human Resources Department is responsible for implementing this policy, including without limitation, determining whether accommodations are reasonable on a case-by-case basis, whether an individual poses a direct threat, and whether an accommodation creates an undue hardship. REVIEW The Executive Board is responsible for reviewing this policy and procedure and assuring its accuracy. PROCEDURE/POLICY The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations, absent undue hardships, to applicants and personnel with disabilities who need an accommodation and who are qualified for a job (with or without reasonable accommodations) in order for such individuals to perform the essential functions of their job. It is a Spring Fire Department policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Once Spring Fire Department becomes aware a qualified individual has a disability and needs an accommodation, in order to determine the appropriate reasonable accommodation, management in conjunction with the Human Resource Department should engage in an informal, interactive process with the qualified individual. All personnel are required to comply with safety standards. Applicants who pose a direct threat to the health and safety of other individuals in the workplace, when such threat cannot be eliminated by reasonable accommodation, will not be hired. Current personnel who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the individual’s immediate situation. Definitions As used in this policy, the following terms have the indicated meaning: “Disability” means a physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such an impairment or being regarded as having such an impairment. Major life activities include the following: Page 1 of 2  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.046 Document Title: Date: 06/18/2014 American with Disabilities Act (ADA) Policy and Procedures Revision Number: 00  In general- Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.  Major bodily functions- A major life activity also includes the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions. “Direct threat” means a significant risk of substantial harm to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation. “Qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the position that such individual holds or desires. “Reasonable accommodation” means: (i) adjusting the job application process to allow a qualified individual with a disability to be considered; (ii) adjusting the work environment or the manner in which the position has been ordinarily performed; or (iii) implementing changes that allows a qualified individual with a disability to enjoy equal benefits and privileges as those similarly situated employees without disabilities. Reasonable accommodations may include making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification or equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. “Undue hardship” means an action requiring significant difficulty or expense by the employer. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include, but are not limited to:  The nature and cost of the accommodation.  The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources or the impact of such accommodation upon the operation of the facility.  The overall financial resources of the employer; the number, type and location of facilities.  The type of operations of the Department including the composition, structure, and functions of the workforce, relationship of the particular facility to the employer.  “Essential functions of the job” are those core duties that are the reason the job exists. Page 2 of 2