With respect to employment discrimi-nation against a qualified handicapped individual, the city asserts that it shall:
(A) Not discriminate against a qualified handicapped individual in employment in any program or activity;
(B) Not participate in a contractual or other relationship that has the effect of subjecting a qualified handicapped applicant or employee to discrimination prohibited by this section. The relationships referred to in this division include relationships with employment and referral agencies, with labor unions, with organizations providing or administering fringe benefits to employees of the recipient government, and with organizations providing training and apprenticeship programs;
(C) Make all decisions concerning employment under any program or activity in a manner which ensures that discrimination on the basis of handicap does not occur, and not limit, segregate, nor classify applicants or employees in any way that adversely affects their opportunities or status because of handicap;
(D) Take appropriate steps to ensure that communications with its applicants and employees are available to persons with impaired vision and hearing.
(E) Not discriminate against a qualified handicapped individual in the following specific activities:
(1) Recruitment, advertising, and the processing of applications for employment;
(2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
(3) Setting rates of pay or any other form of compensation and changes in compensation;
(4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;
(5) Granting leaves of absence, sick leave, or any other leave;
(6) Providing fringe benefits available by virtue of employment, whether or not administered by the city;
(7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;
(8) Employer sponsored activities, including social or recreational programs; and
(9) Any other term, condition, or privilege of employment.
(F) Make reasonable accommodation to the known physical or mental limitations of a qualified handicapped applicant or employee unless it can be demonstrated that the accommodation would impose an undue hardship on the operation of program or activity.
REASONABLE ACCOMMODATION may include:
(1) Making facilities used by employees readily accessible to and usable by handicapped persons, and
(2) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices (for example: telecommunications devices and other telephone devices), the provision of readers or qualified sign language interpreters, and other similar actions. Accommodations shall be made in consultation with the handicapped individual. The determination of whether an accommodation would impose an undue hardship on the operation of a program or activity shall be made on a case-by-case basis upon consideration of the following factors:
(a) The overall size of the government's operations with respect to number of employees, number and type of facilities, and size of budget;
(b) The type, composition, and structure of the specific program or activity and the structure of the workforce required; and
(c) The nature and cost of the accommodation needed. Such reasonable accommodation may require more than an insignificant economic cost in making allowance for the handicap of a qualified applicant or employee and to accept minor inconvenience which does not bear on the ability of the handicapped individual to perform the essential functions of the job in question.
(G) Not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.
(H) Not use any employment test, selection criterion, or policy that screens out or tends to screen out from consideration for employment, a handicapped individual or any class of handicapped individuals unless:
(1) The test, selection criterion, or policy as used by the recipient, is shown to be directly related to the essential functions of the position in question, and
(2) Alternative job-related tests, criteria, or policies that do not screen out or tend to screen out as many handicapped individuals are shown to be not available.
(I) Select and administer tests using procedures (for example, auxiliary aids such as readers for visually- impaired individuals or qualified sign language interpreters for hearing- impaired individuals) that accommodate the special problems of handicapped individuals to the fullest extent consistent with the objectives of the test. The test results shall accurately reflect the applicant's or employee's ability to perform the essential functions of the job in question, rather than the applicant's or employee's impaired sensory, manual, or speaking skills, except where such skills are essential requirements of the job.
(J) Not conduct a preemployment medical examination or make preemployment inquiry of an applicant as to whether the applicant is a handicapped individual or as to the nature or the severity of a handicap. But may make preemployment inquiry into an applicant's ability to perform the essential functions of the job.
(Res. 23-1984, passed 10-15-84)