(A) The County supports and adheres to the Americans with Disabilities Act of 1990 (ADA) which makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. Any employee who wishes to discuss his or her needs as a disabled employee should contact the department head.
(B) ADA Protection
(1) An employee with disability and qualified to do a job is protected by the ADA from job discrimination on the basis of that disability. Under the ADA, a disability includes a physical or mental impairment that substantially limits a major life activity. To be protected under the ADA, an employee must have, or be regarded as having a substantial (as opposed to a minor) impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, and performing manual tasks, caring for oneself, learning or working.
(2) An employee must also be qualified to perform the essential functions or duties of a job with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, the employee must satisfy the employer's requirements for the job such as education, employment experience, skills or licenses. Second, he/she must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that an employee must be able to perform his/her own or with the help of a reasonable accommodation. An employer cannot refuse to hire an employee because his/her disability prevents them from performing duties that are not essential to the job.
(C) Reasonable Accommodation
(1) Any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and application privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
Providing or modifying equipment or devices, job restructuring, part-time or modified work schedules, reassignment to a vacant position, adjusting or modifying examinations, training materials, or policies, providing readers and interpreters, and making the workplace readily accessible to and usable by people with disabilities.
(2) An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship - an accommodation that would require significant difficulty or expense.
(3) The results of all medical examinations must be kept confidential and maintained in separate medical files.
(D) Drug Abuse and the ADA - Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use.
(E) For Further Information - Contact the County's ADA Compliance Committee, County Human Resources Consultant, County Commissioners Attorney's Office or an EEOC field office.