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Office of Civil Rights

Policy Statement on Disability Discrimination

Discrimination on the basis of disability against any applicant or employee who is a qualified individual with a disability, by a management employee or coworker is not condoned and will not be tolerated. This policy applies to the job application process and all terms and conditions of employment including but not limited to recruitment, hiring, training, assignment, promotion, compensation, transfer, layoff, reinstatement, benefits, education, termination, and also in the provision of City programs and services.

All complaints of discrimination on the basis of disability will be promptly and objectively investigated.

Corrective or disciplinary action up to and including termination will be instituted for behavior prohibited by this policy.

Any retaliation against a person filing or participating in a discrimination charge or making a discrimination complaint is prohibited.

Discrimination on the basis of disability means:

to limit, segregate, or classify a job applicant or employee in a way that may adversely affect opportunities or status because of the applicant's or employee's disability;
to participate in a contract which could subject an applicant or employee with a disability to discrimination;
to use any standards, criteria or method of administration which could have the effect of discriminating on the basis of disability;
to deny equal jobs or benefits because of a disability;
to fail to make reasonable accommodations for known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship;
to use selection criteria which exclude disabled persons unless the criteria are job related and consistent with business necessity; and,
to fail to use employment tests in a manner that ensures that the test results accurately reflect the applicants or employee's skills or aptitude for a particular job.

Policy Implementation

Each department head is responsible for ensuring that there is no discrimination against individuals based on disability by:

ensuring that all employees under their direction are informed of this City policy;
ensuring that any instances or allegations of discrimination are immediately reported to the department ADA coordinator, the department head or the City Affirmative Action Officer; and
posting this policy in conspicuous locations within the workplace.

Complaint Resolution

The Affirmative Action Officer (or person designated by the Director of Administrative Services) will investigate and attempt resolution of complaints filed in accordance with the City's Internal Discrimination Complaint Resolution Guide. Individuals are encouraged to immediately report any act of disability discrimination to the Department ADA coordinator, supervisor, department head, or the Affirmative Action Officer. Persons receiving complaints should fully inform the individual of their rights, take appropriate steps to timely investigate, and when merited take prompt and effective remedial action.