Reasonable Accommodation Policy

Policy
Scope and Purpose
Filing a Request for Reasonable Accommodation
Reviewing the Request for Reasonable Accommodation
Appeal Process

POLICY

It is the policy of the City of Sacramento not to discriminate on the basis of disability against any qualified person. To this end all decisions relating to employment including, but not limited to recruitment, selection, training, assignment, promotion, compensation, transfer, benefits, and education, will be determined by the applicant's or employee's ability with consideration of any requested reasonable accommodation. This policy is applicable to all employment policies and practices. The City also provides reasonable accommodation in connection with the provision of City services, programs and activities.

A. Definition of reasonable accommodation:

(1) Reasonable accommodation is an adjustment to job duties, performance methods, and/or work setting or service delivery to meet the individualized need of a individual, applicant or employee with a disability.

(2)The provision of a reasonable accommodation removes barriers in a specific situation, which prevent or limit the application process, recruitment, employment and upward mobility of a qualified person with a disability or prevents their participation in a program, activity or event.

B. Examples of reasonable accommodation are:

Making facilities accessible and usable;
Job restructuring;
Modifying work schedules;
Implementing flexible leave policies;
Reassigning to a vacant position;
Providing assistive equipment at City programs;
Modifying test, training materials and policies; or
Providing qualified readers or interpreters.

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1. SCOPE AND PURPOSE

1.1 Scope: This Administrative Policy Instruction (API) provides guidance and the procedure through which individuals may request reasonable accommodation; and the manner in which departments should consider and review those requests.

1.2 Purpose: This Administrative Policy Instruction (API) is intended to assist applicants for employment, current employees, individuals desiring to participate in City sponsored programs or activities, and department supervisors and managers in requesting and processing reasonable accommodation requests. It covers the following:

Guidelines for filing a Request for Reasonable Accommodation

Guidelines for considering and evaluating a Request for Reasonable Accommodation

Appeal process

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2. FILING A REQUEST FOR REASONABLE ACCOMMODATION

2.1 Any applicant for employment, current employee, or individual with a disability seeking to participate in a City program or activity, or his/her representative, may request reasonable accommodation. The applicable department shall provide persons requesting accommodation a Reasonable Accommodation Request Form. It is the responsibility of the requester to complete in full and submit the form to the Director or the department representative responsible for the employment or program activity.

(a) Individuals seeking, or supervisors wanting to provide informally, a reasonable accommodation may do so; a formal request would follow if the informal request was rejected.

(b) Although the responsibility for requesting the reasonable accommodation rests primarily with the applicant, employee, or participant the department ADA Coordinator and the City's Affirmative Action Officer are available as resources in the preparation, explanation, and dissemination of reasonable accommodation information or technical assistance.

2.2 All requests for accommodation must indicate the following:

(a)Name, address, and telephone number of the person requesting accommodation.

(b) The specific limitation, the type of accommodation requested, with an explanation of how the accommodation will allow the performance of the essential functions of the position or the participation in a program or activity.

(c) Verification of the disability by the requester's physician, medical provider or vocational/rehabilitation counselor may be required. (If medical verification is required the person requesting accommodation must sign a release form AUTHORIZATION FOR THE RELEASE OF MEDICAL INFORMATION

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3. REVIEW OF REQUESTS FOR REASONABLE ACCOMMODATION

3.1 Because of the personal nature of some disability issues every reasonable effort should be taken to ensure confidentiality during the entire review process.

(a) The determination whether to provide an accommodation is made on a case-by-case basis. This is an individual process through which the department and the individual with a disability discuss and arrange for the necessary (and reasonable) changes. The department must make a "reasonable effort" to determine the appropriate accommodation. Primary consideration should be given to the preferences of the individual when deciding on accommodation, however, the department has the ultimate discretion to choose between effective accommodations.

(b) A department may not compel an individual with a disability to use an accommodation that is not necessary to perform the job.

3.2 In considering a request for accommodation a department will complete the Reasonable Accommodation Request Review Form. The following factors must be considered when reviewing a request for accommodation:

(a) Analyze the job or activity to determine the essential functions.

(b) Determine with the employee, applicant or participant how the disability limits their performance of the essential functions.

(c) Identify accommodation options that overcome limitations and determine the effectiveness and feasibility of the proposed accommodations.

(d) Considering the requester's preference, the department selects the accommodation most appropriate for the requester and the department.

3.3 If the request is approved, the Director or department representative will notify the requester and make the necessary implementation arrangements. If the request is denied, the requester may appeal to the Affirmative Action Officer within thirty (30) calendar days.

3.4 The review process concluding with the approval or denial recommendation, shall be completed in fifteen (15) working days from the date of the request, unless the requester and the department agree to an extension of time.

If a department reviews and approves the request for accommodation, it shall provide the accommodation without undue delay.

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4. APPEAL PROCESS

4.1 Department decisions on reasonable accommodation may be appealed to the Affirmative Action Officer. The appeal must be submitted within thirty (30) calendar days from the date of notification by the Department. The Affirmative Action Officer shall review the matter and inform all parties of his/her decision. The department will provide all necessary information to facilitate this review.

4.2 The decision of the Affirmative Action Officer may be appealed to the City Manager. All appeals must be in writing and submitted within five (5) calendar days of notification of decision by the Affirmative Action Officer. Upon notification, the Affirmative Action Officer shall forward all related documents to the City Manager. The decision of the City Manager is the final internal appeal.

We provide high quality municipal services to protect, preserve, and enhance the City for present and future generations. Our vision is to be a high-performing, inclusive government, which partners with our community to create and preserve a safe, clean, and vibrant City.

In July of 1990 President Bush signed the Americans with Disabilities Act (ADA) into law. This Act made revolutionary changes in almost every segment of American life. The potential scope of the ADA is enormous when one considers the number of Americans who have disabilities.

The City, as a recipient of federal assistance, has continually strived to eliminate barriers that may prevent persons with disabilities from enjoying employment, access to City facilities and services or other benefits. The success of our efforts will require innovation, creativity, and the dedication of additional resources to ensure access to all of our citizens.

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